Benjamin C. Hsing

Government Experience

• Patent examiner, USPTO, 1986 – 1990

Representative Matters

• Achieved a total claim construction victory in a Hatch-Waxman action relating to a drug treating chronic myelogenous leukemia. The court adopted proposed constructions for all 15 terms in dispute
• Won Federal Circuit appeal affirming Patent Trial and Appeal Board’s (PTAB) decisions that patents covering telecommunication cables were obvious
• Served as lead counsel for a utility company defending an infringement suit on a patent covering an energy meter system
• Represented an e-commerce company in a patent infringement suit on a patent covering a bar code scanner
• Successfully defeated an Abbreviated New Drug Application (ANDA) challenge in the U.S. District Court for the District of Delaware for pharmaceutical clients concerning a drug for treating non-small-cell lung cancer. After a five-day bench trial, the court ruled that the two patents covering the drug and its use were not invalid
• Won a favorable jury verdict for a French multinational pharmaceutical company in a suit against a pharmaceutical company in the U.S. District Court for the District of New Jersey. The jury confirmed the validity of the client’s patent and awarded $16 million in damages
• Represented the respondent, a leading Taiwanese integrated device manufacturer in the nonvolatile memory market, in a Section 337 proceeding at the U.S. International Trade Commission (USITC) against a charge brought by a semiconductor manufacturer that the client infringed a patent covering semiconductor chips. After a two-week hearing, the administrative law judge ruled that the patent was unenforceable and not infringed
• 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

Education

• J.D. with highest honors George Washington University Law School 1991
• • Order of the Coif
  • Moot Court Board
  • The George Washington Law Review
• M.S. Chemical Engineering Columbia University 1986
• B.S. Chemical Engineering Columbia University 1984
• B.A. Columbia University 1983

Bar Admissions

• New York

Court Admissions

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

Professional Memberships and Activities

• Co-Chair, Intellectual Property Committee, Asian American Bar Association of New York
• Former board member, Asian American Bar Association of New York
• Member, American Bar Association
• Member, American Intellectual Property Law Association
• Member, Presidential Task Force on Diversity Inclusion and Leadership, Intellectual Property Owners Association (2018-2019)

• Super Lawyers, New York, 2006 – 2010, 2015 – 2020, 2023
• Chambers USA, Intellectual Property: Patent, New York, 2013 – 2023
• LMG Life Sciences
  • Life Sciences Star, General Patent Litigation, 2014 – 2020, 2022
  • Life Sciences Star, Patent Strategy & Management, 2014 – 2020, 2022
  • Life Sciences Star, Hatch-Waxman Patent Litigation (Branded), 2014 – 2020, 2022
  • Attorney of the Year, Patent Strategy & Management, 2017
  • Litigator of the Year Nominee, Hatch-Waxman (Branded), 2014