Benjamin S. Fernandez



Ben Fernandez is an intellectual property lawyer who possesses noteworthy subject matter and industry knowledge, and has experience in patent portfolio management, freedom to operate/competitive landscape and IP diligence. With more than 10 years of patent experience, his practice centers on helping companies navigate patent law complexities to achieve their business objectives. He draws on his extensive experience in managing US and international patent portfolios to advise clients on achieving the most strategic and valuable patent coverage possible and to develop formidable patents.

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.

Publications & News


January 23, 2018

WilmerHale Represents HS2 Solutions in Acquiring LunaMetrics

Digital transformation agency HS2 Solutions announced that it has completed the acquisition of LunaMetrics, an award-winning analytics consultancy that specializes in using data to help businesses illuminate the bridge between marketing, user behavior and ROI.

October 24, 2017

WilmerHale Leads All Firms in Law Week Colorado's Annual Barrister's Best Awards

WilmerHale lawyers in the Denver office have been recognized with seven Barrister's Best awards from Law Week Colorado, more than any other law firm in the state.

August 16, 2017

WilmerHale Lawyers Named Among the 2018 Best Lawyers in America®, Nine Recognized as Lawyers of the Year

Best Lawyers in America®—the oldest and most respected peer-review publication in the legal industry—recognizes 107 WilmerHale lawyers and names nine partners as Lawyers of the Year in its 24th edition.

July 24, 2017

WilmerHale Recognized in IAM Patent 1000 2017

The firm and several of its partners are ranked in IAM Patent 1000 2017 – The World's Leading Patent Professionals.

June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

March 23, 2017

Selwyn and Fernandez Selected Among Finest Law Firm Writers by Burton Awards

Partners Ben Fernandez and Mark Selwyn have been recognized among “the finest law firm writers” of 2017 as announced by the Burton Awards, a nonprofit program run in association with the Library of Congress.

March 20, 2017

Ben Fernandez Named to the Denver Business Journal's Top 40 Under 40 List

The recognition highlights individuals who represent a promising next generation of Denver leaders—rising stars who have already accomplished much, but whose best days in the community are likely ahead.

November 16, 2016

How Energy Firms Can Use The Defend Trade Secrets Act

An article by Benjamin Fernandez, Natalie Hanlon Leh and Kirsten Donaldson, published by Law360, discusses how energy firms can use the federal Defend Trade Secrets Act to help them safeguard against misappropriation of their proprietary information.

November 10, 2016

Energy Sector Alert Series: Energy Companies With Trade Secrets—Welcome to the DTSA

Whether it's hydraulic fracturing fluid ingredients, customer lists, geologic and seismic data, or employee know-how, energy companies routinely face trade secret issues. With the enactment of the federal Defend Trade Secrets Act in 2016, energy companies have an additional tool to help them safeguard against misappropriation of their proprietary information.

Honors & Awards

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.


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JD, University of Colorado School of Law, 2004, President, Intellectual Property Law Students, Note and Comment Editor, Journal of Telecommunications & High Technology Law

BS, Mechanical Engineering, cum laude, Colorado State University, 2001

Bar Admissions


United States Patent and Trademark Office



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