Benjamin Hsing

McGuireWoods LLP

$ $$$

6th Avenue 1251
New York 10020 NY US

Benjamin C. Hsing is a patent litigator with nearly 30 years of experience enforcing patent rights in the life sciences industry who focuses on Hatch Waxman Abbreviated New Drug Application (ANDA) litigation.

An accomplished trial lawyer, Ben has tried numerous high-profile cases on behalf of major pharmaceutical and technology companies. He was a U.S. patent examiner from 1986 to 1990.

Ben is well-versed in U.S. Patent and Trademark Office proceedings and assists clients in post-grant and contested patent office proceedings. He also conducts intellectual property due diligence investigations in connection with acquisitions and licensing deals.

Ben is deeply involved in his clients’ matters, ensuring that he understands all aspects of their businesses and cases so that he can identify, dissect and solve potential challenges facing his clients.

According to Chambers USA 2014, Ben is a “favorite of high-profile branded drug companies.” Chambers USA 2018 describes Ben as “a very detail-oriented attorney.” He is an active member of the legal community and frequently speaks on topics involving intellectual property and litigation.

EXPERIENCE :

  • Achieved a total claim construction victory in a Hatch-Waxman action relating to the drug Sprycel for treating chronic myelogenous leukemia. The court adopted proposed constructions for all 15 terms in dispute. Bristol-Myers Squibb Co. v. Apotex Inc. (D. N.J.)
  • Served as co-lead counsel for an American multinational biotechnology firm in a patent infringement suit. Permanent injunction was entered against the defendants. Chiron Corp. v. SourceCF Inc., et al. (N.D. Cal.)
  • Served as co-lead counsel for the plaintiff, a French multinational pharmaceutical company, in an infringement suit against a Canadian pharmaceutical company on patents related to the antihypertensive drug Ramipril. Aventis Pharma Deutschland GmbH, et al. v. Cobalt Pharmaceuticals Inc. (D. Mass.)
  • Participated in the prosecution of an infringement action on behalf of a chemical company on three patents relating to catalysts for making ethylene oxide. After a three-week trial, the district court granted judgment as a matter of law in favor of the client on all validity issues, and the Federal Circuit affirmed grant of a new trial on infringement. Union Carbide v. Shell Oil Co., et al. (D. Del.)

Education :

  • The George Washington University Law School, JD, Highest Honors, Order of the Coif, The George Washington Law Review, Moot Court Board Law School, 1991
  • Columbia University, MS, Chemical Engineering, 1986
  • Columbia University, BS, Chemical Engineering, 1984
  • Columbia University, BA, 1983

Admissions :

  • New York
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. Patent and Trademark Office

Affiliations :

  • Intellectual Property Owners Association, Presidential Task Force on Diversity Inclusion and Leadership
  • American Bar Association
  • Asian American Bar Association of New York: Former Board Member
  • American Intellectual Property Law Association

Cost

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6th Avenue 1251
New York 10020 NY US
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