Associate
Benjamin (Ben) Hemmelgarn practices in all areas of patent law, including patent prosecution, litigation, and client counseling. His technical experience includes pharmaceuticals, biologics, and medical devices.
Ben has experience drafting and prosecuting patent applications before the U.S. Patent and Trademark Office (USPTO) for inventions relating to protein fusions, antisense oligonucleotides, and pharmaceutical formulations. He also provides opinions on validity and freedom-to-operate for clients in the pharmaceutical and biotechnology industries. In addition to his prosecution and counseling experience, Ben is involved in numerous phases of litigation, including pre-litigation analysis, coordinating discovery, drafting pleadings, and managing day-to-day litigation activities.
While in law school, Ben worked as a law student associate at the Ohio State University Technology and Commercialization office, where he met inventors, performed due diligence checks, and drafted responses to office actions from the USPTO. Ben spent a semester as a legal extern to the Honorable Judge Jeffrey Sutton on the U.S. Court of Appeals for the Sixth Circuit. He received a fellowship to spend a semester studying International and European Business Law in Madrid, Spain.
Prior to his legal career, Ben worked as a research assistant in several research labs at Ohio State University's Wexner Medical Center. As an undergraduate student, he researched the effect of transcriptional pathways on aberrant cell cycle progression, and successfully defended an undergraduate thesis relating to this research. Ben also spent time as an international research fellow, working in a leukemia research lab at the University of São Paulo's Ribeirão Preto campus in Brazil.
Ben volunteers his time with the firm's immigration law pro bono group. He has been recognized on the Capital Pro Bono Honor Roll.
Eli Lilly and Company v. Actavis Labs. UT Inc.
Assisted in drafting several pre-litigation documents and assisted in expert witness preparation.
1:16-cv-01119, E.D. Va., Judges Nachmanoff, Trenga
AbbVie Inc. et al v. Alvotech hf.
1:21-cv-02258, 1:21-cv-02899, N.D. Ill., Judge Lee
Duchesnay Inc. v. Actavis Laboratories FL, Inc. et al.
Represented Duchesnay in ANDA litigation in the District of Delaware against multiple generic drug manufacturers seeking to make a generic version of Bonjesta® (doxylaine succinate and phyridoxine hydrochloride) for the treatment of nausea and vomiting in pregnancy.
1:18-cv-01895, D. Del., Judges Andrews, Fallon
Virtual Seminar
Intro to Patents and Patent Law Intro to Patents and Patent Law
February 5, 2025
Virtual
Virtual Seminar
Introduction to Patents and Patent Law Introduction to Patents and Patent Law
February 7, 2024
Virtual
Articles
LESI Global Licensing Report LESI Global Licensing Report
Winter 2022
Licensing Executives Society InternationalArticles
A Covenant Not to Sue May Prevent Dismissal of a Litigation if the Covenant Does Not Extend to Customers A Covenant Not to Sue May Prevent Dismissal of a Litigation if the Covenant Does Not Extend to Customers
November 17, 2021
LES InsightsArticles
A Patent Owner May Be Sued in a State Where Patent Demand Letters Were Sent and Where an Ongoing Licensing Relationship With Continuing Obligations Exists A Patent Owner May Be Sued in a State Where Patent Demand Letters Were Sent and Where an Ongoing Licensing Relationship With Continuing Obligations Exists
April 19, 2021
LES InsightsArticles
Forum-Selection Clause in a Franchise Agreement Establishes Jurisdiction Over “Closely Related” Companies That Did Not Sign the Agreement Forum-Selection Clause in a Franchise Agreement Establishes Jurisdiction Over “Closely Related” Companies That Did Not Sign the Agreement
January 27, 2021
LES InsightsAward/Ranking
61 Finnegan Attorneys Recognized on the 2025 Capital Pro Bono Honor Roll 61 Finnegan Attorneys Recognized on the 2025 Capital Pro Bono Honor Roll
May 7, 2026
Award/Ranking
56 Finnegan Attorneys Recognized on the 2024 Capital Pro Bono Honor Roll 56 Finnegan Attorneys Recognized on the 2024 Capital Pro Bono Honor Roll
April 24, 2025
DC BarAward/Ranking
60 Finnegan Attorneys Named to 2023 Capital Pro Bono Honor Roll 60 Finnegan Attorneys Named to 2023 Capital Pro Bono Honor Roll
May 15, 2024
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