• Benu Wells represents clients in patent and other complex commercial litigation in courts across the country.

    In patent litigation, Benu represents both patent owners seeking to enforce their rights and companies defending against allegations of patent infringement across various technology sectors, including the semiconductor, software, telecommunications, pharmaceutical, medical device, electronics, chemical, and consumer product industries. She also has represented both patentees and generic pharmaceutical manufacturers in litigations under the Hatch-Waxman Act.

    Benu has firsthand experience in all aspects of commercial litigation, including trial witness examination, oral argument, taking and defending fact and expert depositions in the U.S. and abroad, preparation of dispositive motions, patent claim construction, case management, and discovery. Her litigation work includes actions in district courts across the country and the U.S. Court of Appeals for the Federal Circuit. Benu has also handled disputes before the Food and Drug Administration and foreign pharmaceutical authorities.

    Benu has a strong record of success for clients. For plaintiffs, Benu has been part of various trial teams obtaining decisions of liability, including findings of patent infringement and false advertising, along with multimillion-dollar damages awards and injunctive relief, following both bench and jury trials. Benu has also obtained a number of favorable outcomes for defendants, including dismissal of a false advertising claim for lack of personal jurisdiction over an international pharmaceutical manufacturer, dismissal of a satellite radio provider for improper joinder in a patent infringement action, and denial of a motion for a temporary restraining order in a patent infringement action against a large pharmaceutical company.

    Benu leads the firm’s Working Parents Affinity Group and serves on the firm’s Inclusion Committee and Attorneys of Color Affinity Group. She has also served on the firm’s Associates Committee and Women’s Initiative, as well as the New York State Bar Association’s Committee on Diversity and Inclusion. In addition to her work on behalf of the firm’s clients, Benu also has dedicated significant time to pro bono work, including obtaining a divorce for a woman in an abusive marriage and obtaining asylum for a severely persecuted female Afghani civil rights advocate. 

    Experience

    • Obtained jury verdict of infringement and validity of eight patents and an award of $15 million for Nasdaq-listed cybersecurity client Finjan Inc. in a lawsuit against Sophos.

    • Obtained jury verdict of infringement and validity of five patents and an award of nearly $40 million for Nasdaq-listed cybersecurity client Finjan Inc., in a lawsuit against Blue Coat Systems Inc.

    • Represented a pharmaceutical industry plaintiff in false advertising litigation involving a 39-day bench trial with dozens of fact and expert witnesses, resulting in a finding of false advertising and an award of significant monetary and injunctive relief to the client.

    • Obtained the dismissal of a false advertising claim for lack of personal jurisdiction over an international pharmaceutical manufacturer.

    • Obtained the dismissal of a patent infringement action against a satellite radio company involving audio content that can be downloaded and played according to a playlist.

    • Represented both patentees and generic manufacturers in multiple litigations under the Hatch-Waxman Act, including defeating a motion for a temporary restraining order and obtaining sanctions for discovery misconduct.

    • Successfully represented a major automobile company in a patent infringement action involving vehicle navigation systems.

    • Successfully defended a satellite radio company in a patent infringement action relating to interoperable satellite radio receivers.

    • Successfully defended a major semiconductor chip manufacturer against charges of patent infringement.

    • Represented a French software company in a complex copyright and trademark infringement case.

    • Defended a pharmaceutical industry defendant against charges of patent infringement under the Hatch-Waxman Act by asserting claims of inequitable conduct in a case that reached favorable settlement.

    Credentials

    Education

    • J.D., University of Michigan Law School, 2002
      • Associate Editor, Michigan Telecommunications and Technology Law Review
    • B.S., Mathematics, summa cum laude, Youngstown State University, 1999
    • B.A., Political Science, summa cum laude, Youngstown State University, 1999

    Bar Admissions

    • New Jersey, 2022
    • New York, 2003

    Court Admissions

    • U.S.C.A., Federal Circuit
    • U.S.D.C., Eastern District of New York
    • U.S.D.C., Southern District of New York
    • U.S.D.C., District of New Jersey

    Professional Affiliations

    •    New York Intellectual Property Law Association
    •    New Jersey Intellectual Property Law Association
    •    New York State Bar Association
    •    New Jersey State Bar Association