Ben Greenblum has extensive experience in antitrust and other complex civil litigation. He is recognized as a leading member of the bar defending so-called “pay for delay” or “reverse payment” patent settlements from antitrust attack, serving as trial counsel in the first two such cases ever to go to jury verdict. With years of experience litigating such cases, Ben advises on all manner of antitrust issues arising from the Hatch-Waxman Act and food and drug law.
Ben also has an active practice in litigating against government agencies, including in investigations by the Federal Trade Commission and other regulators. Ben currently serves on the defense team in the monopolization case brought against Google by the United States Department of Justice and several state attorneys general. Ben has also served as counsel in patent infringement matters.
In 2022 and 2023, Chambers USA recognized Ben as an “Antitrust: Litigation Specialist” in the District of Columbia, describing him as a “highly strategic and effective litigator with a deep knowledge of pharmaceutical antitrust issues.” Ben was also recognized in 2022 as a BTI Client Service All-Star for “how quickly [he] assesses a situation and then assembles the absolute best team for the job.” The 2021 edition of The Legal 500 described Ben as an “excellent trial lawyer and legal writer” who is “very accessible to his clients and always provides sound and strategic counseling.” And Lawdragon named Ben among their inaugural “500 Leading Litigators in America” list for 2023 and 2024. In July 2023, The American Lawyer recognized Ben as a “Litigator of the Week Runner Up” for successfully representing Norton (Waterford) Ltd. and Teva Branded Pharmaceutical Products as lead trial counsel in patent litigation concerning their Qvar asthma inhaler, in which the Court ruled for them on every issue.
Ben was part of the trial team that defended an international pharmaceutical company from a $60 billion antitrust claim challenging an alleged “reverse payment” patent settlement in the District of Massachusetts. The case was the first-of-its-kind to go to trial; the jury verdict for the defense was affirmed on appeal. Since then, Ben has represented several pharmaceutical companies in various high-stakes antitrust disputes, including on novel theories of refusal to deal and “sham litigation.” Most recently, in 2022, Ben was part of the trial team that defended a pharmaceutical company from a multi-billion antitrust claim in the Northern District of Illinois; the jury verdict was for the defense.
Ben also has experience in a range of other substantive areas, including claims of unfair competition, fraud and breach of contract. He has represented Fortune 500 companies in contract, licensing, and other disputes related to their intellectual property.
A native of Washington, D.C., Ben graduated summa cum laude from the University of Pennsylvania in 2001, earning both a B.S. from the Wharton School and a B.A. from the College of Arts & Sciences. He then graduated at the top of his class in Columbia Law School in 2006, earning the James Kent Scholar designation each year.
Ben joined the firm in 2007 after clerking for the Honorable Dennis Jacobs, then-Chief Judge of the United States Court of Appeals for the Second Circuit. He currently serves as the Vice Chair of the firm’s Budget Committee.
Representative Experience
Though all cases vary and none is predictive, Ben’s experience also includes:
- Lead trial counsel in Hatch Waxman infringement action, procuring injunction for patentee on all asserted claims.
- Defense counsel in several antitrust litigations brought in the high-tech industry, alleging monopolization and restraints of trade.
- Lead defense counsel for pharmaceutical companies in consolidated antitrust cases pending in the Southern District of New York and the District of Delaware.
- Defense counsel in district court proceedings brought by competitors and purchasers alleging monopolization by means of refusal to deal, sham litigation, and improper listings in the FDA’s Orange Book.
- Defense counsel to food manufacturers in antitrust and unfair competition cases alleging price-fixing, anticompetitive distribution restrictions and mislabeling.
- Lead defense counsel for distributor in MDL antitrust proceeding in Eastern District of Virginia concerning alleged antitrust conspiracy.
- Plaintiff counsel in licensing and contract disputes related to first-of-its kind antibody product.