Benjamin Adam Lasky

Benjamin Adam Lasky is a partner in the New York office of Kirkland & Ellis, specializing in patent litigation. His practice encompasses a broad spectrum of technological fields, including small-molecule pharmaceuticals and biologics (including Hatch-Waxman and BPCIA litigation), consumer healthcare products, and medical devices. He also handles cases involving software and encryption technologies, telecommunications, optics, mining equipment, gaming devices, information storage media, and digital rights management environments. Prior to joining Kirkland, he practiced as an associate in an IP litigation group at Freehills (now Herbert Smith Freehills) in Australia.

In terms of side preference, Mr. Lasky primarily represents operating companies, as evidenced by his role as lead counsel for Abbott Diabetes Care Inc., a plaintiff, in the tracked case Abbott Diabetes Care Inc. v. Dexcom, Inc. His firm profile also lists numerous representations for prominent companies such as Samsung, Intel, McAfee, Siemens, Teleflex, Butamax Advanced Biofuels, IBM, Sony, and JobDiva, typically in defense or as a plaintiff asserting patents.

Mr. Lasky has considerable experience practicing before the Patent Trial and Appeal Board (PTAB) of the USPTO in inter partes review (IPR) proceedings. His IPR experience includes representing a large biopharmaceutical company in multiple IPRs challenging patents related to the biologic cancer drug HERCEPTIN®, and representing Abbott Cardiovascular Systems and Evalve in IPRs concerning heart valve repair technology.

A notable case in his portfolio is Abbott Diabetes Care Inc. v. Dexcom, Inc., where he served as lead counsel for the plaintiff. This litigation involved continuous glucose monitoring (CGM) sensor and insertion technologies. The action, filed in the District of Delaware, asserted four patents and concluded on December 30, 2024, with a stipulated dismissal with prejudice, where both parties agreed to bear their own attorneys' fees, expenses, and costs. He was also involved in the related Federal Circuit appeal, Dexcom, Inc. v. Abbott Diabetes Care, Inc., which was voluntarily dismissed in December 2024. Other significant engagements include representing clients in patent infringement suits regarding RAID storage technology, cellphone camera technology, computer virus detection technology, and 4D ultrasound technology.

Mr. Lasky was admitted to the New York bar in 2006. He is also admitted to practice before the Supreme Court of the State of New York, Appellate Division, Third Judicial Department; the United States District Courts for the Southern and Eastern Districts of New York and the Eastern District of Michigan; and the United States Court of Appeals for the Federal Circuit.