Benjamin A. Berkowitz

Partner

Overview

Dr. Benjamin (Benny) Berkowitz counsels innovative clients as they develop new products, protects their groundbreaking inventions, and helps them maximize the value of their intellectual property in furtherance of business goals and strategy. 

A partner and IP lawyer in the Washington, D.C., office of Foley & Lardner LLP, Benny counsels clients on legal and strategic issues related to IP, drafts and prosecutes patent applications in the United States and abroad, and evaluates IP for due diligence analyses and freedom to operate opinions. Benny has prosecuted a variety of chemical, biochemical, and mechanical patents in a broad spectrum of technologies including: plant molecular biology, antibodies, chemical sensors, optical equipment, small molecules, polymers, and pharmaceuticals. He practices in the firm’s Chemical, Biotechnology & Pharmaceutical and International Practice Groups, as well as the Innovative Technology Sector, for which he serves as chair of the Health Tech and Genomics Area of Focus. He previously chaired the firm’s National Associates Committee. 

Benny also counsels companies on due diligence matters for business deals and securities offerings. He has served as lead IP counsel for companies in deals totaling more than US$4.2 billion and worked with numerous companies in securities offerings, including IPOs. 

Benny maintains a niche practice in helping companies receive IP protection on plant varieties, including plant breeder’s rights protection, plant patents, and PVPA protection. 

Recognition 

  • Legal 500 - Intellectual Property, Patent Prosecution and Plant Patents (2009). 

Education 

  • Georgetown University Law Center (J.D., cum laude, 2004) 
    • Intern for Judge Arthur Gajarsa, U.S. Court of Appeals for the Federal Circuit  
  • Yale University (Ph.D., Molecular Biophysics and Biochemistry, 2001) 
  • Columbia University (B.S., Chemical Engineering, 1994) 

Admissions 

  • Virginia
  • New York
  • District of Columbia
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Patent Office 

Selected Publications and Presentations

  • “U.S. Pharmaceutical Patent Litigation Developments,” Japan Pharmaceutical Manufacturers Association, U.S. Patent Law Seminar Series - 2020-2022 (Nov. 16, 2022).
  • “U.S. Patent Counseling Update: USPTO Statistics, New Programs, and Federal Circuit Cases,” Japan Intellectual Property Association, U.S. Intellectual Property Law Update Seminar Series - First Half of 2022 (Sept. 8, 2022).
  • Berkowitz B, Huang DB, Chen-Park FE, Sigler PB, Ghosh G, "The x-ray crystal structure of theNF-kappa B p50.p65 heterodimer bound to the interferon beta -kappa B site," J Biol Chem. 2002 Jul 5;277(27):24694-700.