Benjamin Charles Deming

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Benjamin Charles Deming — Patent Litigation Practice Summary

Specialty / focus areas. Deming is a registered patent attorney (USPTO Reg. No. 65,307) whose practice spans patent litigation and prosecution, with a practice description citing medical devices, wireless technology and cellular telephone standards, consumer electronics, agricultural and plant patents, advanced combustion fuel systems, online commerce, and pharmaceuticals, plus trademark, unfair competition, trade secret, and ITC work. That breadth is consistent with his docketed matters, which have involved mobile/wireless communications and E911 and location services (Lab Technology, TurboCode), wearable cardiac monitoring (CardiacSense), software and developer tools (Caddo Systems), rotorcraft/aerospace (Urban Aeronautics), and data storage (Asafi). He has also worked on matters involving Asian companies and lists Japanese language proficiency.

Side preference. His record is predominantly patent-owner side. The tracked dataset shows one appearance, on the plaintiff side and none on the defense side, and publicly docketed filings are consistent with that pattern: he appears for NPEs and individual inventors in assertion campaigns (Lab Technology, TurboCode, Asafi, CardiacSense, Factor2 Multimedia, Rothschild Patent Imaging), and his one defense-side role — Valve Corp. v. Rothschild (W.D. Wash.) — was representation of Leigh Rothschild and affiliated NPE entities against a declaratory judgment action, i.e., still patent-holder side. Note that the tracked list (one case) substantially understates his actual docket; the additional matters below are drawn from court filings and docket aggregators rather than the structured dataset.

Firm context. He is currently affiliated with DNL Zito, per State Bar of California records and recent filings (Dallas, TX office, with the firm's Washington, DC office). A Buchalter attorney profile identifies him as Senior Counsel in that firm's Orange County intellectual property group; his State Bar address and recent court filings list DNL Zito, indicating a move to the Zito firm.

Notable cases, outcomes, and PTAB. In the tracked matter, Lab Technology LLC v. Cellco Partnership d/b/a Verizon Wireless (E.D. Tex., No. 2:24-cv-00323, filed May 2024), the case was dismissed by joint motion in December 2024; the asserted patents concern mobile communication systems and had been targeted in Unified Patents prior-art crowdsourcing. He also appeared for plaintiffs-appellants in Caddo Systems, Inc. v. JetBrains (D. Del.), where the Federal Circuit affirmed the district court in a nonprecedential Rule 36 judgment on September 11, 2026 (No. 2025-1764) — an unfavorable result; Joseph Zito argued. Other docketed plaintiff matters include Asafi v. Western Digital Technologies (C.D. Cal.), Urban Aeronautics, Ltd. v. Joby Aviation (N.D. Cal.), and TurboCode LLC v. Inseego Corp. (S.D. Cal., voluntarily dismissed). He does appear in PTAB proceedings, generally for patent owners, including IPR2014-00112 (Univ. of North Carolina at Chapel Hill) and IPR2023-01254 (Colgate-Palmolive v. Noble Innovations), and a July 2025 patent-owner filing under his registration number — though this is not a high-volume IPR practice. One procedural note: in Factor2 Multimedia Systems, LLC v. U.S. Bank (N.D. Tex. 2024), the court questioned whether his listed address satisfied the local-counsel rule, finding the Texas Bar address appeared to be a virtual office.

Bar / education. Admitted in California (2004) and Texas, and to the USPTO; also admitted before the Federal Circuit, Ninth Circuit, and several California district courts. J.D., University of Michigan Law School; B.A. in Physics, Brigham Young University.