A man with short dark hair and glasses wearing a navy blazer and light blue shirt, smiling in a corporate law office setting.

Benjamin A. Berkowitz

Partner

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 chair of 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, and the Innovative Technology Sector, for which he serves as chair of the Health Tech & 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.

Awards and Recognition

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

Presentations and Publications

  • “Cancer Drugs: Antibody Drug Conjugates (ADCs) Keep Growing,” Health Care Law Today (March 12, 2024)
  • “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
September 18, 2025 Events

GLP-1 Drugs in Focus: Trends, Needs, and What's Next

Foley's Health Care & Life Sciences and Innovative Technology sectors invite you to join us for a webinar on how your organization can navigate the crossroads of GLP-1s and prepare for this evolving landscape.
A person holds an insulin pen in one hand and removes the cap with the other hand, illustrating precision and care much like chicago lawyers handle complex litigation support.
February 25, 2025 Health Care Law Today

GLP-1 Receptor Agonists: New Frontiers and Challenges

Recently, a new class of drugs, based on GLP-1, are revolutionizing medicine and the treatment of patients with diabetes, obesity, and other disorders associated with obesity.
January 28, 2025 Events

​Antibody Drug Conjugates Keep Growing: What You Need to Know

Since 2018, there has been an exponential growth of over US$60 billion of licensing deals involving Antibody Drug Conjugates (ADCs), with 2023 having at least 18 deals. ADCs worldwide are projected to reach US$20-30 billion per year in the near future.
December 17, 2024 PharmaPatents

USPTO Drops Proposed Rules on Terminal Disclaimers

Earlier in 2024, the U.S. Patent and Trademark Office proposed a sweeping set of rules imposing new requirements on terminal disclaimers filed to overcome obviousness-type double patenting rejections, and separately proposed to impose new terminal disclaimer fees that would increase exponentially over the course of examination.
A gloved hand holds a petri dish with blue and purple bacterial cultures; the background features blurred, circular microscope imagery—much like an innovative discovery protected by intellectual property law.
December 11, 2024 Health Care Law Today

Antibody Drug Conjugates Keep Growing: What You Need to Know

Over the past few years, the Health Care & Life Sciences and Innovative Technology Sectors have seen fewer deals, with companies and private equity firms alike reassessing where to spend money.
August 19, 2024 Deals and Wins

Foley Represents Sun World International in Acquisition of Biogold

Foley & Lardner LLP served as principal legal advisor to Sun World International, LLC in its recent strategic acquisition of Biogold Group, a significant South Africa-based global fruit variety rights manager.