Benjamin Lasky's practice in Australia centered on intellectual property litigation, with an emphasis on complex patent litigation in diverse fields such as pharmaceuticals and consumer healthcare products, medical devices, mining equipment, gaming devices, information storage media and digital rights management environments. Benjamin was also involved in litigation involving copyright, trademarks and trade practices.
In the U.S., Benjamin's practice is focused on patent litigation in various fields, including pharmaceuticals and biotechnology, medical devices, software and encryption technologies.
Benjamin's experience includes advising on the drafting of patent claims in a litigation context, patent infringement avoidance advice, patent infringement and validity analyses, strategic litigation advice, drafting court documents and expert reports, discovery, and other trial preparation tasks.
Among other matters, Benjamin has:
Represented a Canadian university and its U.S. pharmaceutical company exclusive licensee in a patent infringement suit against several European pharmaceutical companies relating to a method of treatment of skin cancers using photodynamic therapy.
Represented a large IP holding company against a major computer software company in the Australian proceedings of a global patent infringement dispute relating to the digital rights management field.
Represented a U.S. mining technology developer and manufacturer and its Australian subsidiary in a patent infringement suit relating to roof bolting machinery for use in mines.
Represented one of the largest alcoholic beverage distributors in the world in litigation involving its supplier and the Russian Government revolving around the attempt by the Russian Government to recover a famous Russian vodka brand.
Represented a major developer of medical devices in a patent infringement dispute with an importer and supplier of respirator masks.
Represented Schering Corporation in Hatch-Waxman litigation against 21 defendants regarding its CLARINEX® brand antihistamine drug products.
Represented MedPointe Healthcare, Inc in Hatch-Waxman litigation regarding its ASTELIN® and OPTIVAR® brand antihistamine products.
Represented H. Lundbeck A/S, Forest Laboratories, Inc. and Forest Pharmaceuticals, Inc in successfully defending a patent infringement claim regarding an intermediate in the process to make the antidepressant drug citalopram.
Represented International Business Machines Corporation ("IBM") in successfully defending a patent infringement suit regarding computer security and encryption technologies.
Memberships & Affiliations
Law Society of New South Wales
Lasky B, "Tamawood Limited v. Henley Arch (Australia) Pty Limited: Drawing a line on project home plans" Australian Intellectual Property Law Bulletin, Volume 17, No. 1, May 2004
Muratore T and Lasky B "AUSFTA and the TGA" - Freehills intellectual property briefing, September 2004
Lasky B and McLean J "Lockwood v. Doric: The High Court locks down fair basis," Mondaq, December 17, 2004North T and Lasky B "Confusing junction? Reforming Australia's designs regime to eliminate overlap" Copyright World, February 2005
Prior ExperienceFebruary 2002 to June 2006 - Freehills (solicitor)
Supreme Court of New South Wales
High Court of Australia
New York State Supreme Court - Appellate Division, 3rd Judicial Department
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the Eastern District of Michigan
United States Court of Appeals for the Federal Circuit