Benjamin C. Hsing

Benjamin Hsing

Ben Hsing is a highly skilled trial lawyer renowned for his experience in patent litigation spanning diverse technological domains, including biopharmaceuticals, industrial chemicals, medical devices, and memory chips. With a proven track record of delivering favorable outcomes for prominent pharmaceutical, chemical, and technology firms in a multitude of high-profile cases, Ben excels in navigating complex legal landscapes. Furthermore, Ben has led teams in post-grant contested proceedings before the Patent Trial and Appeal Board (PTAB), showcasing his ability to advocate effectively in administrative proceedings.

Beyond his litigation practice, Ben provides strategic counsel to clients on matters pertaining to generative artificial intelligence, leveraging his deep understanding of emerging technologies. Moreover, Ben conducts comprehensive intellectual property due diligence investigations to facilitate seamless acquisitions and licensing deals, ensuring clients make informed decisions in today's dynamic market. With a commitment to excellence and a passion for innovation, Ben consistently delivers tailored legal solutions that drive success for his clients.


Government Experience

  • Patent examiner, U.S. Patent and Trademark Office (USPTO), 1986 – 1990

Representative Matters

  • Served as lead counsel in inter partes reviews (IPRs) before the PTAB and successfully invalidated all challenged claims of four patents covering catalysts
  • 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 a Federal Circuit appeal affirming the PTAB's 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 prosecuting 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




  • J.D. with highest honors George Washington University Law School 1991
    • Order of the Coif
    • Moot Court Board
    • Member, 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

  • President-Elect, Asian American Bar Association of New York
  • Member, American Bar Association
  • Member, New York 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 – 2024
  • Chambers USA, Intellectual Property: Patent, New York, 2013 – 2024
  • 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