Ben J. Mahon

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Ben J. Mahon — Patent Litigation Summary

Focus areas. Mahon's practice is concentrated in life-sciences and pharmaceutical patent litigation — specifically Hatch-Waxman/ANDA disputes and post-grant challenges — with additional work in medical devices, industrial chemicals, and biologics-adjacent arts. His firm biography describes the focus as "biological, chemical, and pharmaceutical arts," and the tracked docket reflects that: generic tacrolimus (Veloxis/ENVARSUS XR), abuse-deterrent oxycodone formulations (Purdue/Knoa), (Z)-endoxifen compositions (Atossa), plus PTAB work on oil-pipeline chemical additives and bone grafts. I found no evidence in the tracked matters or searchable sources of Wi-Fi/standards, software, NPE, or mechanical patent practice.

Side preference. He works both sides of pharmaceutical disputes rather than a single posture. The tracked appearances split 2–2. In Veloxis Pharmaceuticals, Inc. v. Accord Healthcare, Inc. et al. (D. Del. 1:22-cv-00909), the pro hac vice order confirms he appeared for the defendants Accord Healthcare and Intas; he is likewise a named petitioner-side attorney in Intas Pharmaceuticals Ltd. v. Atossa Therapeutics, Inc. (PGR2023-00043, PGR2025-00043, IPR2025-00799). One tracked matter, Veloxis Pharmaceuticals AS v. Alkem Laboratories Ltd. (D. Del. 1:24-cv-00784), is listed on the plaintiff side; I could not independently verify his specific appearance there from the sources retrieved, so that classification rests on the docket data provided. The overall pattern is brand-versus-generic ANDA work, not a PAE/NPE assertion practice.

Firm context. Mahon has practiced at McAndrews, Held & Malloy, Ltd. (Chicago) throughout the tracked period; no prior firm appears in the record. He was elected partner at McAndrews in March 2023, per the firm's announcement. Note that the tracked docket entries list him as "Of Counsel," which the firm's current website and partner announcement supersede.

Notable matters and outcomes. The most prominent verified result is the Purdue Pharma/Accord OxyContin litigation: the Federal Circuit affirmed a Delaware bench-trial judgment invalidating all asserted claims of five Purdue patents (Purdue Pharma L.P. v. Accord Healthcare, Inc., No. 23-1953, Fed. Cir. Dec. 30, 2024), with Mahon listed as counsel for Accord in the VitalLaw report; a second appeal affirming invalidity of a further abuse-deterrent patent followed (Knoa Pharma LLC v. Accord Healthcare, Inc., No. 25-1060, Fed. Cir. June 8, 2026), with McAndrews naming him on the trial team. In the Atossa matter, McAndrews/Mahon's client Intas won a PGR final written decision holding all challenged claims (1–22) of U.S. Patent 11,572,334 unpatentable (PGR2023-00043, Jan. 29, 2025); later Intas challenges to the '151 and '391 endoxifen patents were instituted in November 2025 and then resolved by an April 2026 settlement agreement among Atossa, Intas, and Jina Pharmaceuticals, under which the parties terminated the PTAB proceedings.

PTAB/IPR experience. This is a substantial part of his practice. He has appeared as backup counsel in PTAB proceedings for Baker Hughes (e.g., IPR2016-01905 re Lubrizol), is listed on the Intas post-grant petitions against Atossa, and his firm bio credits him with first-chair PTAB oral argument and a law-school course on USPTO post-grant proceedings.

Bar and education. J.D., Chicago-Kent College of Law (summa cum laude, 2018); B.S., Cornell University (Human Biology, Health and Society); Illinois bar (admitted 2018); registered to practice before the USPTO (Reg. No. 78,178); admitted to the Federal Circuit.