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Overview

Ben Lambiotte has a broad and eclectic practice, which includes (among other things) day to day general representation of technology and transportation and logistics companies, many of whom do business with federal, state and local governments. 

  His practice includes general commercial litigation, ranging from representing clients in simple business disputes in state court to defending multi-district antitrust class action litigation in various courts and tribunals around the country.   His public contracts practice includes bid protest and claims and disputes litigation before the General Accountability Office and the United States Federal Court of Claims, and other federal tribunals. Recent representative engagements such cases includes successfully representing several DoD transportation service providers in a pre-award bid protest before the U.S. Federal Court of Claims in BINL, Inc. v. United States, No. 12-71-C ( U.S. Court of Claims, decided June 19, 2012)   Ben has extensive IP litigation expertise and also regularly advises companies in connection with the licensing and protection of advanced technologies, including online game software and homeland security technologies.  Ben regularly advises clients on trademark registration strategies, and litigates trademark cases for plaintiffs and defendants, before United States District Courts, and in cases before the United States Patent and Trademark Office Trial and Appeal Board relating to registration of trademarks and servicemarks.   He also frequently handles licensing of intellectual properties, including patents, trademarks and copyrightable software.  He has particular expertise and experience in licensing and technology transfer matters involving municipal and federal government contracts and grants, and universities.  For example, his recent experience includes negotiating patent licenses with the applied physics laboratory of a prominent East Coast research university on behalf of a homeland security technology company.  Ben’s recent experience also includes negotiating patent licenses and acquisitions as part of settlements of patent infringement litigation, and seeking non-infringement rulings permitting importation of puzzle games before the Intellectual Property Rights and Restricted Merchandise Branch of the U.S. Customs and Border Protection Service.   Recent representation in federal court intellectual property litigation includes service as lead counsel for the prevailing party in John C. Flood of Virginia, Inc. v. John C. Flood, Inc., 770 F.Supp.2d 90 (D.D.C. 2010), and as a member of the Garvey Schubert Barer litigation team in Rosetta Stone, Ltd. v. Topics Entertainment, Inc., 1:09-cv-1128 (E.D. Va. 2009).   Ben also regularly advises lawyers and law firms on ethics and professional responsibility issues.   Ben is a member of the Bars of D.C., Maryland and Virginia, and admitted to practice (and regularly appear) in all state and federal (including Bankruptcy) courts in each of those jurisdictions. He is also a member of the U.S. Federal Court of Claims bar.

Professional Activities

  • Member, Federal Bar Association
  • Member, American Bar Association, Center for Professional Responsibility

Experience

Experience

News & Insights

Speaking Engagements

  • Seminar
    Garvey Schubert Barer, 10.3.13
  • "How to Avoid Pitfalls in Government Subcontracts," Garvey Schubert Barer and Macro Solutions, Inc.
    Seminar
    Garvey Schubert Barer, Washington, D.C., 6.24.08
  • "Sarbanes-Oxley and Private Companies: Why Should I Care?," Transportation Intermediaries Association 29th Annual Convention and Trade Show
    Speaking Engagement
    Royal Pacific Hotel, Orlando, FL, 4.19.07

Blog Posts

Admissions

  • District of Columbia, 1989
  • Virginia, 1993 
  • Maryland, 1995 
  • U.S. Court of Appeals, District of Columbia Circuit, 1989
  • U.S. District Court, District of Columbia, 1989
  • U.S. District Court, District of Maryland, 1996
  • U.S. District Court, Eastern District of Virginia, 1998
  • U.S. Bankruptcy Court, Eastern District of Virginia, 1998
  • U.S. District Court, Western District of Virginia, 2003
  • U.S. Court of Federal Claims, 2008

Education

Catholic University of America, Columbus School of Law, J.D., 1989

  • Valedictorian
  • Certificate, Institute for Communications Law Studies
  • Senior Lead Article and Book Review Editor, Catholic University Law Review, Volume 38

American University, B.A., Communications, Legal Institutions, Economics and Government, 1983

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