Benjamin P. Smith represents and defends clients in high-stakes disputes, arbitrations, and trials—principally in the life sciences and technology sectors. Among his victories, Benjamin obtained one of the largest contested jury verdicts in United States history, and has both won and defeated claims seeking tens to hundreds of millions of dollars in damages.
In the biotechnology and medical device industries, Benjamin represents startups as well as leading manufacturers in licensing, royalty, intellectual property, and product liability disputes. Last year, Benjamin defeated a $50 million claim asserted against a leading medical device manufacturer, while obtaining a positive counterclaim recovery. At present, Benjamin is representing two biotech companies in separate “bet the company” contract disputes while defending another client in a series of actions and class actions regarding reproductive issues. Benjamin has specific experience with cardiovascular, endocrine, immune, and ophthalmologic products and treatments.
In Asahi Kasei Pharma Corp. v. Actelion Ltd., Benjamin obtained one of the largest contested jury verdicts in the United States, $577 million, which was affirmed on appeal. That courtroom victory won him a place among The Recorder’s 2011 Attorneys of the Year.
In the technology sector, Benjamin litigates on behalf of hardware manufacturers, gaming application developers, online service providers, and retailers. Among his successful representations is a zero-damages defense verdict in the retrial of a trade secret misappropriation case where a California state court jury previously had found liability and the plaintiff sought more than $300 million in damages. At present, Benjamin is prosecuting claims against a chip manufacturer, and recently successfully settled claims asserted against a gaming retailer.
Benjamin’s experience also includes a number of product liability, personal injury, and property damage claims.
Benjamin lectures on business torts, commercial disputes, damages, and expert witness retention and use in the United States and in Asia.
Biotechnology, Pharmaceutical, and Medical Device
Technology and Internet Industries
Other
2011 Attorney of the Year (The Recorder)
Top 10 Verdict of 2011 (The Daily Journal)
Law360 IP Group of the Year 2011
2009 top international arbitration (American Lawyer)
Listed, National Law Journal's "Defense Hot List"
Member, American Bar Association
Member, California State Bar Association
Member, Bar Association of San Francisco
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