Professional Experience
Josephine Benkers practices in the areas of intellectual property litigation and commercial litigation. Her experience in intellectual property litigation has included a variety of patent infringement, trade secrets, copyright infringement, trademark and false advertising disputes. Ms. Benkers has litigated such cases in jurisdictions throughout the country and has significant experience successfully litigating in “rocket dockets.” Ms. Benkers’ experience includes:
- Represented Munchkin, Inc. in a patent infringement lawsuit involving children’s drinking cups. Obtained summary judgment of noninfringement.
- Represented major international seller of wireless computer networking products against three corporate members of patent pool, each of which claimed having patents essential to the IEEE 802.11 Standard. Plaintiffs accused several hundred of Defendant’s products of infringement, seeking tens of millions in past damages alone. Obtained summary judgment of noninfringement on all claims.
- Represented Wisconsin Alumni Research Foundation in enforcement of patent license agreement against pharmaceutical company. Obtained jury verdict in favor of client and was victorious on appeal.
- Represented manufacturer of art replicas in patent infringement lawsuit and obtained summary judgment of noninfringement.
- Represented major health care software company in defending trade secrets lawsuit where the plaintiff alleged hundreds of millions of dollars in damages. Obtained summary judgment dismissing trade secret count, which was upheld on appeal.
- Represented manufacturer of hunting equipment in trade secrets and breach of contract case. Obtained summary judgment dismissing all claims.
- Represented plaintiff major manufacturer of large mining equipment in patent infringement and trade secrets case. This case resulted in a $25 million settlement payment shortly before trial.
- Representing maker of injection molds for plastic products in patent infringement and trade secrets dispute. Obtained summary judgment dismissing patent infringement claim.
- Representing manufacturer of rodenticide products in false advertising lawsuit.
- Represented pet health insurance company in false advertising and patent infringement lawsuit. Obtained summary judgment on counterclaim that several statements made by Plaintiff in marketing materials about client were “literally false” under Section 43(a) of the Lanham Act.
- Represented manufacturer of foam products in UCC dispute over quality of product. Obtained summary judgment dismissing all claims against the client and in favor of the client on a counterclaim.
- Represented owner of small business who was ousted unfairly by her business partner. Client was victorious at trial and on appeal. Also successfully defeated a petition for certiorari before the Wisconsin Supreme Court.
- Represented member of LLC who was treated unfairly by his business partner. Client was victorious at trial.
Education and Honors
- University of Wisconsin Law School (J.D., cum laude, 2000)
Wisconsin Environmental Law Journal (Managing Editor). Phi Alpha Delta.
- University of Wisconsin-Oshkosh (B.S., magna cum laude, 1996)
Phi Chi Honor Society.
Bar Admissions
Wisconsin,
2000
Court Admissions
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals, 7th Circuit
U.S. District Court, Eastern District of Texas
U.S. District Court, Eastern District of Wisconsin
U.S. District Court, Western District of Wisconsin
Professional Recognition
Selected for inclusion in
Wisconsin Super Lawyers®–Rising Stars Edition 2011 (Intellectual Property Litigation).
Professional and Civic Activities
- Selected for inclusion in Wisconsin Super Lawyers–Rising Stars Edition 2008 (Intellectual Property Litigation).
- American Bar Association (Member, Commercial and Business Litigation Sections; Co-chair of IP Litigation Subcommittee).
- Intellectual Property Litigation Committee (Member).
- Woman’s Advocate Committee (State Liaison).
- Dane County Bar Association (Member).
- Western District of Wisconsin Bar Association (Member).