Benjamin A. Katzenellenbogen has been litigating intellectual property disputes for more than 20 years, with an emphasis on patent litigation, particularly pharmaceutical cases in the Hatch-Waxman context. Ben regularly appears in district courts throughout the country, as well as in California state courts.
Ben has represented clients across a broad range of technologies, and has considerable experience in trademark, trade secret, copyright, unfair competition, and state law issues. Exemplary engagements are listed in the Experience section, organized by legal issue and technology area.
Ben has represented branded and generic drug manufacturers in Hatch-Waxman litigation involving a number of drugs, including: Seroquel XR® (first-to-file), Nexium® (first-to-file), Provigil® (first-to-file), Antara®, Intuniv®, Oxecta®, and Evomela®.
Ben has handled cases throughout the litigation process, from preliminary injunctions and motions to dismiss, to class certification, Markman (claim construction), and summary judgment, all the way through trial and post-trial motions. He has argued before the United States Court of Appeals for the Ninth Circuit and the California Court of Appeal, and appeared before the Federal Circuit.
Ben holds a B.S. in General Chemistry from the University of California – Los Angeles (UCLA) and a J.D. from Harvard Law School. He served as a Judicial Clerk to Judge Ronald M. Whyte at the U.S. District Court for the Northern District of California (San Jose division).
Ben has been selected for inclusion in the "Southern California Super Lawyers" list by Super Lawyers magazine for his work in intellectual property litigation.
Clerk to the Honorable Ronald M. Whyte in the Northern District of California, San Jose Division, 1999‑2000.
- Selected for inclusion in the 2017 and 2018 "Southern California Super Lawyers" list by Super Lawyers magazine for his work in intellectual property litigation
- Consistently named a “Rising Star” in Intellectual Property Litigation by Super Lawyers magazine (2005 - 2014)
Ben Katzenellenbogen and Paul Stewart, "What USPTO's Disclosure Duties Notice Says And Doesn't Say," Law360 (September 2022)
Ben Katzenellenbogen and Paul Stewart, "The Federal Circuit in August: Considerations in Assignor Estoppel," Law360 (August 2022)
"Should Pythagoras Have Been Entitled To A Patent?" Law360 (July 2011)
“Are You Asking Your Outside Counsel The Right Questions?” Association of Corporate Counsel Newsletter (February 2008)
“Top 10 Questions You Should Be Asking Your IP Counsel” Daily Journal IP Supplement
“Ten Important Questions To Ask When Selecting Your Outside Counsel” San Diego Daily Transcript
“Trends in Patent Litigation: The Changing Landscape of Patent Litigation” Orange County Bar Association, Intellectual Property Technology Law Meeting, Costa Mesa, California (March 2007)
“Trends in Patent Litigation” Patent Law Institute 2007: The Impact of Recent Developments on Your Practice, San Francisco, California (January 2007)
Speeches & Seminars
"The Supreme Court Weighs in on the On-Sale Bar and the State of Secret Prior Art," ACI Paragraph IV Disputes Conference, New York, New York (April 2019)
"Paragraph IV Litigation Year in Review: Present Developments and Future Forecast," ACI Paragraph IV Disputes Conference, New York, New York (April 2018)
"Exploring Possible New Grounds Paragraph IV Invalidity Challenges: How 101 Rejections Under Myriad and Findings of 112 Indefiniteness Under Nautilus May Alter Paragraph IV Litigation," ACI Paragraph IV Disputes Conference, New York, NY (April 2015)
“Let the Games Begin: Advanced Strategies for Drafting and Perfecting Pleadings and Effectively Using Dispositive Motions in Paragraph IV Disputes” Panel Moderator with Paul A. Ragusa, Eighth Annual Paragraph IV Disputes Conference, New York, NY (April 2014)
Luncheon Presentation, Seventh Annual Paragraph IV Disputes Conference, New York, NY (May 2013)
“From Cambridge to the Court: Harvard Law Alumni Discuss Their Judicial Careers,” Harvard Law School Association of Orange County, Panel Moderator with Hon. Cormac J. Carney & Hon Darrell S. Mavis (July 2012)