Benjamin Behrendt is an associate in the Austin office of Latham & Watkins and a member of the Intellectual Property Litigation Practice.

Mr. Behrendt advises clients on patent litigation before district courts, the International Trade Commission, arbitration panels, and the Patent Trial and Appeal Board involving a diverse range of technologies, including medical devices, pharmaceuticals, biotechnology, chemistry, and software. His practice work also includes trade secret litigation.

Prior to law school, Mr. Behrendt was a Patent Examiner at the United States Patent and Trademark Office for more than two years.

Mr. Behrendt is a member of the American Institute of Chemical Engineers, Austin Intellectual Property Association, and Federal Circuit Bar Association.

Mr. Behrendt’s experience includes:

  • Represented leading pharmaceutical company in patent cases under the BPCIA and a trade secret case involving technology related to a humanized monoclonal antibody. Obtained favorable settlement terms.
  • Biogen Inc. et al. v. Teva Pharm. Dev. Inc. (D. Del.): Represented Biogen and Alkermes in Hatch-Waxman patent litigation concerning Biogen’s VUMERITY® for relapsing forms of multiple sclerosis (MS) in adults. Obtained settlement of all claim.
  • Akurate Dynamics, LLC v. Carlisle Fluid Techs., Inc. (W.D. Tex.): Represented Carlisle Fluid Technologies, Inc. in a patent infringement, trade secret, breach of contract, and unjust enrichment case concerning spray foam equipment and processes including those for spray polyurethane foam insulation.*
  • Utex Industries, Inc. v. Gardner Denver, Inc., et al. (S.D. Tex.; PTAB): Represented Gardner Denver in a patent infringement, trade secret, breach of contract, unfair competition, and tortious interference with contract case and an associated PTAB inter partes review concerning header rings in packing assemblies for oil and gas pumps.*
  • Certain Beverage Dispensing Systems and Components Thereof (ITC): Represented Heineken against Anheuser-Busch InBev concerning countertop drink dispenser for carbonated beverages meant to preserve taste and improve hygiene. Obtained a limited exclusion order and cease-and-desist order after gaining a favorable initial determination from a hearing before the ALJ.*
  • Represented a leading medical device and healthcare company in a putative class action regarding false advertising concerning infant formula and Non-GMO labeling. Obtained voluntarily dismissal of all claims.*
  • In re Avaya Inc. (S.B.N.Y. ; S.D.N.Y.): Represented Avaya and certain affiliates in connection with its chapter 11 proceedings including an estimation proceeding and associated hearings related to trade secret misappropriation claims against Avaya. Obtained favorable estimate of a creditor’s claim and then defended that claim in an appeal to the district court.*
  • Trial defense counsel for healthcare company in confidential patent infringement and trade secret arbitration. Tried all issues to arbitration panel and obtained complete defense award and reimbursement of legal fees and expenses for client.*
  • Arkema v. Honeywell (PTAB); Mexichem v. Honeywell (PTAB): Represented Honeywell in Post-Grant Reviews and inter partes reexaminations of patents related to next-generation, low global warming refrigerants.*
  • Nuance Communications, Inc. et al. v. Pindrop Security, Inc. (E.D. Va.): Represented Pindrop Security in copyright infringement and breach of contract case concerning voice biometric software technology. Obtained favorable settlement the weeks prior to trial.*

*Matter handled prior to joining Latham

Bar Qualification

  • District of Columbia
  • Texas
  • US Patent and Trademark Office


  • JD, University of Virginia School of Law, 2017
  • BSE in Chemical Engineering & Chemistry, University of Iowa, 2012