Benjamin A. Lasky

Partner Intellectual Property

Practices

Overview

Benjamin Lasky is a partner in Kirkland’s New York office, whose practice is centered on patent litigation. As a member of Kirkland’s celebrated Intellectual Property Group, Benjamin has extensive litigation experience in diverse technological fields, including small-molecule pharmaceuticals and biologics (including Hatch-Waxman and BPCIA litigation), consumer healthcare products, medical devices, software and encryption technologies, telecommunications, optics, mining equipment, gaming devices, information storage media and digital rights management environments. He also has considerable experience practicing before the Patent Trial and Appeal Board of the USPTO in inter partes review (IPR) proceedings. Benjamin has also represented clients pro bono in cases involving social security administration appeals, naturalization and tenants’ rights.

Benjamin has been a member of numerous trial teams, and his experience extends across the breadth of the patent litigation landscape, from patent portfolio management and strategy, to pre-suit analysis, to pre-trial case management, discovery and motion practice, to trial and post-trial motion practice, to appeal.

Before joining Kirkland, Benjamin practiced as an associate in one of the top Australian IP Litigation practice groups -- Freehills (now Herbert Smith Freehills) -- where he was involved in representing clients in a wide range of IP matters, including cases involving patents, copyright, trademarks, trade practices and advertising.

Experience

Represented Abbott Laboratories subsidiaries Abbott Cardiovascular Systems and Evalve in patent litigation and IPRs regarding their pioneering heart valve repair technology.

Represented one of the largest global biopharmaceutical companies in multiple, parallel IPRs challenging patents covering the blockbuster biologic cancer drug HERCEPTIN®.

Represented Abbott Laboratories and Abbott Molecular in patent litigation regarding DNA hybridization-based diagnostics technology.

Represented H. Lundbeck A/S and Forest Laboratories in patent litigation regarding an intermediate in the process to make the antidepressant drugs citalopram and escitalopram.

Represented C.R. Bard subsidiary Davol in patent litigation involving implantable hernia patches.

Represented Schering Corporation in ANDA litigation against 21 defendants regarding its CLARINEX® brand antihistamine drug products.

Represented MedPointe Healthcare in ANDA litigation regarding its ASTELIN® and OPTIVAR® brand antihistamine products.

Represented Siemens in patent litigation regarding 4D ultrasound technology.

Represented Teleflex in patent litigation involving devices for closing trocar port sites during laparoscopic surgery.

Represented Butamax™ Advanced Biofuels in multi-stage patent litigation regarding bioprocesses for the production of isobutanol.

Represented IBM in patent infringement suit regarding computer security and encryption technologies.

Represented two of the largest enterprise computer hardware manufacturers in the US in patent infringement suit and IPR proceedings regarding RAID storage technology.

Represented Samsung in patent infringement suit regarding cellphone camera technology.

Represented Intel and McAfee in patent infringement suit involving computer virus detection technology.

Represented banking clients in patent infringement suits alleging infringement of patents related to computer and network security technologies.

Represented Sony in patent litigation regarding LCD television technology.

Represented JobDiva in patent infringement suit regarding resume search technology.

February 2002 to June 2006 — Freehills (solicitor)

Memberships & Affiliations

Law Society of New South Wales

Credentials

Admissions & Qualifications

2003New South Wales
2006New York

Courts

Supreme Court of New South Wales
High Court of Australia
Supreme Court of the State of New York, Appellate Division, Third 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

Education

University of New South WalesLL.B.Dean's Certificate (equivalent of First Class Honors)2001
College of Law, SydneyGraduate Diploma in Legal Practice2002
University of New South WalesB.Sc., Genetics2001