Profil
Ben Witte is an associate in Greenberg Traurig’s Intellectual Property Litigation Practice. Ben has deep litigation and trial experience across diverse industries, including software, manufacturing, chemical, pharmaceutical, and biotechnology matters. He has represented both plaintiffs and defendants in all stages of patent litigation, including discovery, dispositive briefing, and resolution at trial. Ben has litigated numerous pharmaceutical cases, including cases under the Hatch-Waxman Act.
Ben is experienced in handling appeals to the Court of Appeals for the Federal Circuit. He regularly counsels clients in a broad range of technologies and works with clients to analyze patent portfolios and advise on pre-lawsuit strategies. Additionally, he has deep experience representing clients in Patent Office proceedings.
Concentrations
- Patent litigation
- ANDA Hatch-Waxman litigation
- Post-issuance patent proceedings, including inter partes review
- Patent portfolio analysis
- Patent opinions and counseling
Kompetencje
Doświadczenie
- Represented eyewear technology company in patent infringement lawsuit in federal district court.
- Defended chemical manufacturing company’s patent in inter partes review proceedings.
- Defended startup 503B compounding company against claims of trade secret theft, unfair competition, and breach of contract (non-solicitation and non-disclosure).°
- Defended men’s health specialty company against claims of patent infringement relating to the first FDA-approved oral testosterone product.°
- Represented men’s health specialty company in patent interference proceeding before the Patent Trial and Appeal Board (PTAB).°
- Represented biopharmaceutical company in an appeal to Federal Circuit and subsequent writ of certiorari to the Supreme Court of the United States in litigation regarding diclofenac sodium topical solution product.°
- Performed due diligence for potential acquisition of intellectual property relating to machine-learning manufacture of synthetic proteins.°
- Represented biopharmaceutical company through trial in patent infringement lawsuits against multiple generic companies regarding topical solution.°
- Represented international pharmaceutical company in patent infringement lawsuit against generic company regarding colonoscopy preparation drugs.°
- Represented brand pharmaceutical company in inter partes review proceedings regarding nasal spray technology patents.°
°The above representations were handled by Mr. Witte prior to his joining Greenberg Traurig, LLP.
Sukcesy i wyróżnienia
- Listed, The Best Lawyers in America, “Ones to Watch”
- Patent Law, 2021-2025
- Litigation- Patent, 2024-2025
- Listed, Super Lawyers magazine, Illinois Super Lawyers, “Rising Stars,” 2020-2022
Kwalifikacje
- J.D., University of Chicago Law School
- B.S., Chemical Engineering, magna cum laude, University of Missouri
- Georgia
- Illinois
- U.S. Patent and Trademark Office