Ben Kelly has nearly two decades of experience in high-stakes multi-jurisdictional civil litigation. During that time, Ben has managed or led significant disputes involving publicly traded or privately held companies in commercial disputes with material damages demands. He has successfully represented clients in courts around the country, in international arbitrations, and on appeal, often cross-examining experts, executives, and senior management on complex scientific or technical subject matter or damages theories.

Representative Legal Matters
Ben’s successful representation of clients and litigation experience includes the following examples:

• Fujitsu Ltd. v. Tellabs, Inc., et al., Nos. 08-cv-3379, 09-cv-4530, 12-cv-3229 (N.D. Ill.):  Architect of strategies resulting in successful representation of client with over $100 million in damages at issue.
• Belliveau v. Barco, Inc. et al., No. 17-cv-379 (W.D. Tex.) / Belliveau v. Barco, Inc., et al., No. 19-50717 (5th Cir. 2021): Prevailed on claims of fraud, breach of fiduciary duty, and breach of contract with more than $350 million in damages claimed, which the court of appeals affirmed on appeal. 
• T.N. Inc. v. Fid. Nat’l Info. Servs., No. 18-cv-5552 (E.D. Pa.): In a multi-jurisdictional software ownership dispute involving international competitors, responsibility for counterclaims and defense strategies resulting in a material settlement in client’s favor. 
• In the Matter of Certain Three-Dimensional Cinema Systems and Components Thereof, Inv. No. 337-TA-939 (U.S. International Trade Commission): Trial counsel for patent owner in a multi-product and multi-patent International Trade Commission investigation concerning pioneering 3D cinema systems, which resulted in the ITC barring the importation of all competing products.
• Motorola Mobility, Inc. v. Microsoft Corp., 10-cv-24063 (S.D. Fla.): Cross-examination of senior leadership and inventors.

Admissions

• Texas (all state trial and appellate courts)
• United States Court of Appeals for the Fifth Circuit
• United States Court of Appeals for the Federal Circuit
• United States District Court for the Northern District of Texas
• United States District Court for the Western District of Texas
• United States District Court for the Eastern District of Texas
• United States Court of Federal Claims

Education

• The University of Texas School of Law (J.D.) (2006)
• The University of Texas at El Paso (B.S., Electrical Engineering, cum laude) (2003)