Bernard S. Klosowski, Jr.
Ben Klosowski began the practice of law in 1998 after serving as a naval flight officer in the U.S. Navy and achieving the rank of Commander. During his naval service, Ben was also an instructor at the U.S. Naval Academy, his alma mater. Following active duty and before becoming an intellectual property attorney, Ben managed an electro-optics engineering center and also worked as a program manager for a computer systems company.
In the early part of his legal career, Ben honed his patent and other intellectual property skills by representing independent inventors as well as multinational companies in a variety of technical art areas, including mechanical, optical, computer and electro-mechanical arts. Ben has also written and co-authored dozens of non-infringement and validity opinions, and he has advised clients with respect to copyright, trade dress, and trade secret concerns.
Today, as an experienced patent, copyright and trademark prosecutor and intellectual property and business litigator representing corporations, small businesses and individuals, Ben approaches each matter understanding the many nuances surrounding the protection of intellectual property and related business interests, always with a watchful eye toward litigation, from all perspectives. Ben understands that being involved in litigation is a difficult and unsettling experience for individuals and businesses alike. With that in mind, he works closely with clients to accommodate their needs and objectives to determine the most effective and efficient way of achieving the clients’ business goals, to resolve cases at the earliest opportunity, and to press a case aggressively, when required.
In addition to patents, Ben handles trademarks, copyrights, trade secrets and related business matters. For instance, his familiarity with the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office, combined with his in-depth practical knowledge of trademarks, enables him to counsel clients on the best way to handle each case, whether it is an application for a federal trademark registration, or a motion to cancel another party’s registration, or defense of a client’s registration in an opposition proceeding before the TTAB. Ben is equally comfortable defending or asserting trademark rights in federal and state courts.
Ben understands the high stakes and complexities involved in intellectual property and related business litigation cases. He works diligently with each client to assess the situation so that the case can be resolved as rapidly as possible with minimal disruption to the client’s business. At every stage of litigation, Ben is always looking for the most advantageous result for his client, and he is ready and willing to take the case to trial if and when circumstances dictate.
Although Ben serves clients nationally and internationally, a substantial number of his clients are located across South Carolina. Ben and his family have been members of the same church for years, and he and his wife contribute time and resources to many charitable organizations in the upstate. Ben is the immediate past president of the U.S. Naval Academy Alumni Association’s Palmetto Chapter.
Representative Matters
Obtained a complex “bread and butter” patent for a power solutions company after a large metropolitan intellectual property law firm, at great cost to the client, had struggled with the subject matter for years. With the patent finally in hand, the president of the company told Ben, “Thank you so very much for seeing this patent through for us. The partners and employees are thrilled, with much talk about what to patent next.”
In a state court action involving patents and fraudulent promissory notes, Ben achieved the result that his client had hoped for.
A national association was named among several defendants in a suit for trademark infringement, cybersquatting and unfair business practices. With most federal cases breaking the other way, Ben successfully moved to stay the case in favor of multiple actions before the TTAB, ultimately perfecting the client’s intellectual property.
In a case of copyright infringement, Ben represented a small marketing company when its “how to” advertising and marketing materials were copied by another company. Through Ben’s aggressive negotiations, the case was settled for a substantial sum before trial to the client’s great satisfaction.
Ben also helps clients improve their bottom line by leveraging the inherent value of their intellectual property. Recently, a large company in the southwest purchased the patents and pending applications of Ben’s regional client for nearly $20 million. But behind the scenes for years prior to the transaction, Ben helped the client build that patent portfolio. He later helped see the acquisition through to his client’s satisfaction.
Included among Ben’s clients have been a nationally known household products company, major automotive component manufacturers, medical devices companies, fiber optics companies, and electronics and electrical engineering companies. However, Ben has also helped individuals resolve a multitude of issues ranging from counterfeit goods to music licenses to copyright disputes and more.
Ben’s Thoughts
“Intellectual property can be a sword and shield in today’s competitive marketplace. It can also be a source of significant revenue, if properly perfected and managed.” In light of substantial changes to U.S. patent law in 2011, Ben stands ready to assist his clients in navigating sometimes choppy waters associated with intellectual property and related business issues.