Benjamin Montague

Benjamin has represented clients in a variety of disputes, including products liability, False Claims Act, and patent lawsuits. Prior to joining the firm, Benjamin clerked for two federal judges and worked as a litigation associate for Kirkland & Ellis LLP.

Representative Matters

Attila Csupo et al. v. Google, LLC (Superior Court, San Jose, CA)
Trial counsel for a class of 14 million California Android users in their claim for conversion against Google for Google’s undisclosed and wrongful consumption of Plaintiffs’ cellular data. In a groundbreaking verdict, the California state court jury awarded the Plaintiffs $314,626,932 in damages.

Google hit with $314 million US verdict in cellular data class action (Reuters)

Google Hit With $314M Verdict In Android Data Use Suit (Law360)

Google takes a gamble in class action jury trial over cell phone data use (Reuters)

Google Going to Trial After Doing Something Super Sketchy to Android Users (Futurism)

Google Must Defend Revived Claim Over Use of Android Phone Data (Bloomberg Law)

Circuit revives class action against Google for cellular data misuse (Daily Journal)

Current Representations

United States of America ex rel. Poehling v. UnitedHealth Group, Inc.
Counsel for defendant UnitedHealth Group in False Claims Act lawsuit related to diagnosis coding in CMS’s Medicare Advantage program.

ET Plus Litigation
National counsel for defendants, Trinity Industries and Valtir, in products-liability and False Claims Act lawsuits arising from Trinity's ET Plus guardrail end terminal system.

Other Representative Cases

General Access v. Sprint
Counsel for General Access in patent infringement action against Sprint involving fundamental patent relating to beamforming technology employed by 4G LTE and 5G base stations.

Align Technology, Inc. v. 3Shape A/S
Counsel for Align Technology (maker of the popular Invisalign system) in patent litigation related to intraoral scanner technology.