Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Benjamin Charkow Associate

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An engineer by training, Benjamin Charkow’s diverse intellectual property practice runs the gamut from securing intellectual property rights to enforcing those rights through litigation. He communicates technical details and issues clearly to non-specialists and understands how to work with clients of all sizes to most effectively and efficiently protect a client’s intellectual property.

Patents


Ben’s patent practice spans numerous technologies, including software and business method patents, electromechanical devices, performance apparel, footwear, consumer products, consumer electronics and medical devices. He conducts patentability searches for clients looking to protect their inventions and then works with clients to obtain both utility and design patents. For clients with less budget and more time, Ben favors a collaborative approach towards patent drafting which helps control costs. Ben also performs right to use, non-infringement and invalidity opinions for clients concerned about the intellectual property rights of others in their respective fields. When clients are looking to acquire or license intellectual property rights, including patents, Ben conducts the needed due diligence and drafts the appropriate license agreements.

Trademarks/Trade Dress

Ben’s trademark practice spans numerous industries ranging from footwear and apparel to consumer products. For clients seeking to protect their brands, Ben performs clearance searches and works to obtain trademark protection. He has extensive experience in evaluating product configuration trade dress and provides clear advice to his clients with respect to their rights or those of others.

Copyright

Ben has significant copyright experience, whether it be in registering a client’s copyright or defending against a copyright assertion. He provides clear advice in developing new original designs even in a crowded field.

Internet/E-Commerce

Increasingly, the enforcement of intellectual property rights happens on e-commerce platforms, separate and apart from any government body. Ben helps his clients navigate issues such as internet take down notices under the DMCA. He is also experienced in UDRP proceedings, related to trademark-based domain-name disputes.

Litigation

Whether it be patent, trademark, trade dress or copyright, Ben has experience preparing or responding to cease and desist letters for clients looking to protect their intellectual property or defend against an assertion from others. Ben counsels clients on the best ways to reach an efficient resolution of a disputed matter—regardless of what side the client is on—and can prepare the appropriate settlement agreement.

Should litigation be necessary, Ben has extensive litigation experience. As a member of numerous ARE litigation teams, Ben has extensive experience with the preparation of expert reports, taking and defending depositions and motion practice. He took the lead in preparing the summary judgment motion for a client involved in one of the largest patent multi-district litigation ever, a dispute over interactive call center technology, which resulted in a finding of non-infringement for the firm’s client. Ben served on multiple trial teams for significant patent litigations in the diaper industry and was responsible for patents relating to superabsorbent polymer technology.

Engineering Experience

Prior to attending law school, Ben worked for three years as an environmental engineer at Malcolm Pirnie, Inc. His primary project involved the design and start-up of new equipment to upgrade New York City’s wastewater treatment plants.


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Bar Admissions
  • U.S. Supreme Court, 2009
  • U.S. Court of Appeals for the Federal Circuit, 2009
  • U.S. Court of Appeals for the Second Circuit, 2018
  • U.S. District Court for the Southern District of New York, 2005
  • U.S. District Court for the Northern District of New York, 2020
  • U.S. District Court for the Eastern District of Wisconsin, 2015
  • New York State, 2004
  • U.S. Patent & Trademark Office, 2003
Education
  • J.D., magna cum laude, Order of the Coif, Benjamin N. Cardozo School of Law, Yeshiva University, 2003
  • M.S., Environmental Engineering, University of Massachusetts at Amherst, 1997
  • B.S., Environmental Engineering, Rensselaer Polytechnic Institute, 1995
Professional Associations & Memberships
  • American Bar Association
  • American Intellectual Property Law Association
  • Federal Circuit Bar Association
  • New York Intellectual Property Law Association
Professional Experience
  • Associate, Fitzpatrick, Cella, Harper & Scinto, 2005—2008
  • Associate, Schulte, Roth & Zabel LLP, 2003—2005
  • Environmental Engineer, Malcolm Pirnie, Inc., 1997—2000
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