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Ben_Hemmelgarn
Benjamin T. Hemmelgarn
Associate
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  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
+1 202 408 4026
benjamin.hemmelgarn@finnegan.com benjamin.hemmelgarn@finnegan.com

Benjamin T. Hemmelgarn

Associate

  • +1 202 408 4026 +1 202 408 4026
  • benjamin.hemmelgarn@finnegan.com benjamin.hemmelgarn@finnegan.com
  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
  • vCard
Ben_Hemmelgarn

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.

Et Cetera

  • Coauthor. “Coordinating New Drug Application (NDA) and Patent Portfolio Strategy,” Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, 2018.
  • Coauthor. “ΔNp73 Overexpression Promotes Resistance to Apoptosis but does not Cooperate with PML/RARA in the Induction of an APL-Leukemic Phenotype,” Oncotarget, 2016.
  • Coauthor. “Redeployment of Myc and E2f1-3 Drives Rb-Deficient Cell Cycles,” Nature Cell Biology, 2015.
  • Coauthor. “Heart Failure with Preserved Ejection Fraction: Defining the Function of ROS and NO, Applied Physiology, 2015. 
  • Coauthor. "The Role of Oxidative Stress-Induced Epigenetic Alterations in Amyloid-β Production in Alzheimer’s Disease," Oxidative Medicine & Cellular Longevity, 2015.
  • CALI award recipient for achieving the highest grade in the class from Ohio State University Moritz College of Law in Federal Courts, 2018.
  • Chief articles editor, I/S: A Journal of Law and Policy for the Information Society, 2017-2018.
  • Baker Hostetler Leadership Scholarship recipient, 2015-2018.
  • Vogel International Fellowship recipient, 2017.

Experience

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.

Represented AbbVie Inc. in Biologics Price Competition and Innovation (BPCIA) litigation related to Humira®

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

Insights

Virtual Seminar

Intro to Patents and Patent Law

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 Introduction to Patents and Patent Law

February 7, 2024

Virtual

Articles

LESI Global Licensing Report

LESI Global Licensing Report LESI Global Licensing Report

Winter 2022

Licensing Executives Society International

Articles

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 Insights

Articles

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 Insights

Articles

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 Insights
More

News

Award/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 Bar

Award/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

Award/Ranking

54 Finnegan Attorneys Named to 2022 Capital Pro Bono Honor Roll 54 Finnegan Attorneys Named to 2022 Capital Pro Bono Honor Roll

July 21, 2023

Press Release

62 Finnegan Attorneys Named to 2019 Capital Pro Bono Honor Roll 62 Finnegan Attorneys Named to 2019 Capital Pro Bono Honor Roll

June 8, 2020

Professional Activities

  • American Intellectual Property Law Association (AIPLA)
  • Patent Trial and Appeal Board (PTAB) Bar Association
Admissions and Education

Admissions

  • U.S. Patent and Trademark Office
  • District of Columbia
  • Ohio

Education

The Ohio State University, Moritz College of Law
J.D., 2018
The Ohio State University
B.S., Molecular Genetics, magna cum laude, research distinction, 2013

Benjamin's Practices

Global IP Enforcement, Litigation, and Trials
Branded Hatch-Waxman (ANDA) Litigation and Trials
Patent Litigation and Trials
Trade Secrets
Prosecution and Portfolio Management
Due Diligence
Freedom to Operate Opinions
Opinions and Counseling
Patent Drafting and Prosecution

Benjamin's Industries

Life Sciences
Biologics
Biotechnology
Medical Device and Diagnostics
Pharmaceutical

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