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Ben Witte is an associate in Greenberg Traurig’s Intellectual Property Litigation Practice. Ben has deep litigation and trial experience across diverse industries, but focuses his practice on chemical, pharmaceutical, and biotechnology matters. Ben has experience in all stages of patent litigation, including expert discovery, dispositive briefing, and resolution at trial.

Ben has litigated numerous pharmaceutical cases, including cases under the Hatch-Waxman Act. He is also experienced in handling appeals to the Court of Appeals for the Federal Circuit. He regularly counsels clients in a broad range of technologies, including pharmaceuticals, food sciences, chemicals, and biologics.

Concentrations

  • Patent litigation
  • ANDA Hatch-Waxman litigation

Capabilities

Experience

  • 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.

Recognition & Leadership

  • Listed, The Best Lawyers in America, “Ones to Watch,” Patent Law, 2021-2022
  • Listed, Super Lawyers magazine, Illinois Super Lawyers, “Rising Stars,” 2020-2022

Credentials

Education
  • J.D., University of Chicago Law School, 2014
  • B.S., Chemical Engineering, magna cum laude, University of Missouri, 2011
Admissions
  • Georgia
  • Illinois
  • U.S. Patent and Trademark Office