Benjamin C. Hsing

Benjamin C. Hsing is a seasoned patent litigator with a focus on diverse technological areas, including biopharmaceuticals, industrial chemicals, medical devices, memory chips, and consumer products. His practice also extends to telecommunication cables, energy meter systems, and bar code scanners, reflecting a broad technical background. He provides strategic counsel on emerging technologies such as generative artificial intelligence and conducts intellectual property due diligence.

Hsing primarily represents prominent pharmaceutical, chemical, and technology firms, often defending against infringement allegations and leading Abbreviated New Drug Application (ANDA) challenges. His experience includes successfully defending an infringement suit for a utility company and representing a major e-commerce company in a patent infringement suit. While primarily defense-oriented, as evidenced by his tracked appearance defending Baby Jogger II LLC and numerous successful defenses in his profile, he also served as lead counsel for a petitioner in an Inter Partes Review (IPR) proceeding, demonstrating his capacity to work on either side of post-grant challenges.

Currently, Mr. Hsing serves as Senior Counsel at Bayes PLLC. His prior affiliations relevant to his patent litigation career include a partnership at Venable LLP as of September 2023 and an appearance as counsel for Lerner David Littenberg & Krumholz in the case Unified Patents v. Baby Jogger II LLC.

His notable achievements include successfully defeating an ANDA challenge in the U.S. District Court for the District of Delaware concerning a lung cancer drug, achieving a total claim construction victory in a Hatch-Waxman action related to a leukemia drug, and winning a Federal Circuit appeal that affirmed PTAB decisions declaring telecommunication cable patents obvious. He has substantial experience in PTAB proceedings, serving as lead counsel in four IPRs where he successfully invalidated all challenged claims for catalysts and their methods of use. Furthermore, he represented a leading Taiwanese integrated device manufacturer in a Section 337 proceeding at the U.S. International Trade Commission (USITC), resulting in a ruling that the patent was unenforceable and not infringed. He also secured a favorable jury verdict, including $16 million in damages, for a multinational pharmaceutical company in a patent validity dispute.

Mr. Hsing is admitted to the New York Bar, the U.S. Court of Appeals for the Federal Circuit, the U.S. Patent and Trademark Office, and the U.S. District Courts for the Eastern and Southern Districts of New York. He earned his J.D., with highest honors, from George Washington University Law School, and holds an M.S. and B.S. in Chemical Engineering, along with a B.A., all from Columbia University.