Bernard S. Klosowski, Jr.
Ben Klosowski began the practice of law in 1998 after serving as a U.S. Naval Flight Officer. During his naval service, Ben was also an instructor at the U.S. Naval Academy, his alma mater. Following active duty and prior to becoming an intellectual property attorney, Ben managed an electro-optics engineering center and also worked as a program manager for a computer systems company.
Ben represents independent inventors as well as multinational companies in a variety of technical art areas, including mechanical, optical, computer and electro-mechanical arts. He has obtained hundreds of patents for his clients in the United States and around the world. Additionally, Ben has written and co-authored dozens of patent non-infringement and validity opinions.
In addition to patents, Ben has advised his clients with respect to copyrights, trademarks, trade dress, trade secrets and other forms of intellectual property, and related business matters. He has helped his clients protect their intellectual property as well as litigated intellectual property disputes at the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office and in federal and state courts.
Ben has published numerous articles and spoken in many venues regarding intellectual property law and related matters. Ben is a Registered Patent Attorney and is admitted to practice law in South Carolina, D.C., and Maryland, and the U.S. Patent and Trademark Office. He is a member in good standing of numerous state and federal bar associations. Ben is also past president of the U.S. Naval Academy Alumni Association’s Palmetto Chapter.
In his spare time, Ben enjoys being with his wife and children, coaching baseball, bike riding and reading fiction.
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.
Ben Klosowski’s international shipping container client designed a mechanism to speed unloading of dry bulk containers. The client eventually became aware of a European company’s U.S. patent on a device also used for unloading bulk containers. The client asked Ben to assess the matter. After a thorough review of the European company’s U.S. patent and its prosecution history at the U.S. Patent and Trademark Office, Ben advised the client that the new mechanism would not violate the European company’s U.S. patent. A Japanese customer of the shipping container client subsequently wanted to use the mechanism in its Asian markets. The European company, which also had a Japanese patent on its device, became aware of the new mechanism. The European company warned the Japanese customer that the mechanism would violate its Japanese patent. Ben worked with the Japanese customer’s patent attorney for many weeks to help the Japanese patent attorney in preparing a non-infringement opinion regarding the Japanese patent. The Japanese customer and its patent attorney stated, “The opinion letter from [Ben] brought new light to this issue…” According to the Japanese customer, “Its [the Japanese opinion’s] main points are essentially the same with what your patent attorney [Ben] wrote…The patent was cleared thanks to you and your attorney, and so we are able to use [the new mechanism].” The Japanese customer reported later that the European company "agreed that [the new mechanism] did not infringe [the Japanese] patent…and [the European company] agreed that they will not argue this issue anymore.” This resulted in a successful new business deal for Ben’s shipping container client.
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.