Litigation Experience: Binal has significant experience managing complex litigation matters involving the enforcement and defense of intellectual property rights. Binal handles litigation with a pragmatic and pro-active approach and tailors his litigation strategies to suit the business goals of his clients.
Binal's approach to litigation has achieved substantial success for clients in defending against patent infringement suits involving tens of millions in alleged liability. Binal also has proven successful in enforcing clients’ intellectual property rights. Some of Binal’s recent litigation achievements include the following matters and examples:
- Advanced Cartridges Technologies, LLC v. Lexmark International, Inc.
- Stambler v. Fiserv, Inc. et al
- Ionit Technologies, Inc. v. Vision Controls Corporation
- Phoenix Licensing, LLC et al v. Allstate Corporation et al
- NIKE Inc. v. I J Huang et al
- Lexmark International, Inc. v. Abraham et al
- Lexmark International, Inc. v. Laserland, Inc.
- Steven B. Michlin v. Lexmark International Inc. et al
- Lexmark International Inc. v. Static Control Components, Inc.
- Automotive Technologies International v. BMW North America Inc. (Delphi)
- Benedict, et al v. General Motors Corp. et al
- Databurst LLC v. Checkfree Corp.
- Methode Electronics, Inc. v. Delphi Automotive Systems, LLC
- Delphi Automotive Systems, LLC v. Methode Electronics, Inc.
- Abbott Laboratories et al v. Orchid Chemicals & Pharmaceuticals LTD. (Sandoz)
- Static Control Components, Inc.v. Lexmark International, Inc.
- Globecomm Systems v. Gilat Satellite, et al
- Hughes Electronics v. Gilat Satellite, et al
- Reinforced Earth v. VSL Corporation, et al
- Boston Scientific v. Circon Corporation
- Unistrut Corporation v.Portable Pipe
- Shure Bro Inc. v. Pro DJ Inc., et al
Additional Litigation Examples
- Binal and a team of B&W lawyers successfully defended a client in an international arbitration involving a series of patents.
- Binal argued at the Court of Appeals for the Federal Circuit where he successfully obtained final dismissal of a class action patent infringement lawsuit.
- On multiple occasions, Binal and a team of B&W lawyers have obtained preliminary injunctions to protect against patent and copyright infringement.
- Binal successfully argued and achieved dismissals of patent infringement suits by way of summary proceedings such as summary judgment motions and Markman proceedings.
Patent Procurement Experience: Binal actively manages the patent procurement programs for a number of large and medium sized corporations in the U.S. and internationally. Having litigated patents in court, Binal approaches patent procurement with an eye towards litigation and with an effort to obtain maximum desirable claim coverage. Binal also counsels his clients to establish and maintain effective patent prosecution procedures. Binal has prepared and successfully prosecuted numerous patent applications in the fields of medical devices, Internet-related technologies, computer software, computer hardware, and telecommunications. He also has experience in preparing patentability, validity, and infringement opinions relating to inventions in these fields.
Binal frequently writes and presents on various intellectual property topics. Below is a sample listing of Binal’s recent speeches, presentations and articles.
Speeches and Presentations:
- “The Truth about False Marking,” B&W Corporate IP Seminar
- “Patentable Subject Matter After Bilski” B&W and BNA Webinar
- “Careers in IP Law,” Northwestern University IP Society
- “In the Wake of Bilski,” B&W Corporate IP Seminar
- “Process of Patent Prosecution and Interference,” Northwestern University IP Law Week
- “Implications of Seagate,” B&W Corporate IP Seminar
- “IP Litigation in the 21st Century,” Northwestern Journal of Technology & Intellectual Property Symposium
- “Changes in Patent Rules and Effect on Patent Law,” North American South Asian Bar Association Conference
- “Insurance, Intellectual Property and Patents,” NAVA Compliance & Regulatory Affairs Conference
- “Patent Plaintiffs – Hot or Not?” North American South Asian Bar Association Conference
- “Patent Case Law Updates,” National Bar Association
- “Do Opinions of Counsel Still Make Sense in Light of the Seagate Decision," B&W Corporate IP Seminar
- “Patent Prosecution Strategies - From a Litigation Perspective,” B&W Corporate IP Seminar
- “Patent Enforcement and Defense Without Litigation,” B&W Corporate IP Seminar
- “Through the Looking Glass: Litigating Software and Business Method Patents Under Section 112,” 2009 IPO Articles & Reps., Pats. Sec. No. 9. June 1, 2009. (co-authored with George M. Chaclas, Patrick A. Lujin, Leslie M. Spencer, and Michael D. Stein)
- “Providing Notice of Patent Infringement While Avoiding the Risk of Being Sued,” NLP IP Company, Spring 1998. (co-authored with Jon O. Nelson)
- Founder and board member of the Indian-American Bar Association of Chicago
- Founder and former member of the executive committee of the North American South Asian Bar Association
- Member of the Software & Business Method Patents Committee of the Intellectual Property Owners Association
- Currently involved with the Minority Corporate Counsel Association
Binal is also a member of the Leading Lawyer Network. Based upon peer nominations and approval by the network’s advisory board, only the top lawyers are nominated and eligible for membership in the Leading Lawyers Network.
Prior to becoming an attorney, Binal progressed through engineering positions at Andersen Consulting, Baxter Healthcare Corporation, and PSG Engineering Associates, Inc. Binal earned his Bachelor of Science degree in Electrical Engineering at the University of Illinois at Urbana-Champaign where he graduated, with highest honors, as a James Scholar, and as a member of the Senior 100. He earned his Juris Doctor degree from Northwestern University where he was a member of the Journal of International Law and Business.
Binal is a registered patent attorney and is admitted to practice before the Supreme Court of the State of Illinois, the Court of Appeals for the Federal Circuit and numerous federal district courts throughout the country. He practices in the Chicago office of Banner & Witcoff, Ltd.