Ben Fernandez is an intellectual property lawyer who possesses noteworthy subject matter and industry knowledge, and has experience in patent and trademark portfolio management, freedom to operate/competitive landscape and IP diligence. With more than 15 years of intellectual property experience, his practice centers on helping companies navigate patent and trademark law complexities to achieve their business objectives. He draws on his extensive experience in managing US and international IP portfolios to advise clients on achieving the most strategic and valuable coverage possible and to develop formidable IP rights.

As part of Mr. Fernandez's freedom to operate/competitive landscape work, he has helped clients launching new products understand how to avoid, design around and license to minimize risk from competitors' patents. Mr. Fernandez is well-versed in both pre- and post-America Invents Act patent laws and has defended patents in USPTO post-grant proceedings.

Mr. Fernandez's practice spans a number of industries. He advises on medical device patents, including orthopedic implants, cardiac implants, limb orthotics, and communications systems/information technology between medical devices. He has handled matters in the energy and clean technology sectors, including algae growth, algae harvesting, and in-situ shale oil extraction.

His design patent practice focuses on retail products, including molded or injection molded products and fashion retail goods released on seasonal cycles. He also has significant patent experience in software, financial services, and telecommunications technologies.

In addition, Mr. Fernandez conducts intellectual property diligence for buyers, licensees and debtors, as well as sellers, licensors and creditors. He works closely with corporate colleagues to ensure a smooth and seamless IP diligence experience for the client.

Mr. Fernandez is an adjunct professor at the University of Colorado School of Law, where he supervises patent student attorneys in the Entrepreneurial Law Clinic. Prior to joining WilmerHale, Mr. Fernandez was a partner focusing on intellectual property at another firm in Denver, Colorado.

Professional Activities

Mr. Fernandez is the co-founder and chair of the steering committee for ProBoPat Colorado, a program that seeks to connect low-income Colorado inventors with Colorado patent professionals.