Ben Mahon is a Partner at McAndrews, where he focuses his practice on patent litigation, concentrating on the biological, chemical, and pharmaceutical arts. Ben has extensive experience in district court litigation, inter partes review proceedings before the USPTO, and appeals before the Federal Circuit and the United States Supreme Court. He has experience in all facets of litigation, including discovery, depositions, direct and cross-examination, oral argument, and legal writing. Ben has first-chair litigation experience, delivering several closing arguments, PTAB oral arguments, and arguing appeals in both the Federal Circuit and the Illinois First District Court of Appeals. Ben has helped achieve numerous successful outcomes for clients, including:

• Leading a trial team to a final judgment of invalidity on all asserted claims for five patents covering abuse-proof formulations and low-ABUK API, paving the way for final FDA approval. Ben also successfully defended the judgment on appeal, arguing against a former solicitor general of the United States. Ben later led a trial team to a final judgment of invalidity on all asserted claims for two additional patents related to abuse-proof formulations in a second trial.
• Leading a post-grant review challenge resulting in a final written decision finding all challenged claims of a patent to (Z)-endoxifen invalid.
• Defending a judgment of non-infringement on appeal and from a petition for rehearing en banc, followed by recovery of over $30 million in lost profits for a generic drug manufacturer who was enjoined from sales pending the appeal.
• Obtaining final written decisions finding all challenged claims related to oil pipeline chemical additives unpatentable in four related inter partes review proceedings and successfully defending those findings on appeal.
• Securing a final written decision on remand finding all challenged claims of a patent related to bone grafts unpatentable following a successful Federal Circuit appeal of the original decision.
• Defending against a petition for rehearing en banc and petition for certiorari of a Federal Circuit judgment affirming a $268 million enhanced damages award in the medical device field.

Ben is also actively involved in pro bono work with the Greater Chicago Legal Clinic, handling appeals for individuals deprived of due process and managing McAndrews’ criminal records relief efforts.