Benjamin Herbert
Partner
Services & Specializations
Admissions
California
Address
200 Spectrum Center Drive, Suite 1650, Irvine, CA 92618
Office Tel.
949.247.7302
Overview
Ben focuses on patent infringement and trade secret misappropriation litigation. He has led multi-district patent litigation campaigns, successfully led early settlement negotiations in trade secret and patent litigations, and has experience evaluating potential disputes and determining litigation strategy. Ben has a record of success representing plaintiffs in intellectual property trials, having served as a key member of three trial teams that secured more than $1.5 billion in jury verdicts in the span of two years. He has litigated complex patent and trade secret cases involving diverse technologies, including digital radios, medical devices, consumer products, computer software and hardware, graphics processors, bitcoin mining, portable power generation, and satellite technology. Ben has significant experience representing clients in U.S. Patent and Trademark Office proceedings, including inter partes review, as well as before the U.S. Court of Appeals for the Federal Circuit. He also counsels clients on internal procedures, best practices, and licensing issues regarding intellectual property.
Patent Infringement Litigation
- Lead counsel for Hyper Ice, Inc., in litigation across the United States concerning percussive massage devices.
- Helped secure a $30-million jury verdict for a provider of predictive online customer service technology regarding patent infringement and trade secret misappropriation, among other torts.
- Represented a medical device manufacturer in multiple patent infringement actions involving spinal technology (implants and biologics) and insulin pump devices.
- Represented a not-for-profit hospital in a patent infringement and royalty dispute involving orthopedic implant technology.
- Represented a medical device manufacturer in a Federal Circuit appeal of a U.S. Patent and Trademark Office rejection of claims related to pedicle screws.
- Represented a microprocessor manufacturer in a patent infringement action involving numerous microprocessor technologies.
- Represented a microprocessor manufacturer in a patent infringement action involving graphics processing technologies.
- Represented a provider of immersion cooling technology in an action for patent infringement.
Trade Secrets, Copyright, and Tort Litigation
- Represented a Houston-based compounding pharmacy in an action for trade secret misappropriation, among other torts, against former employees.
- Helped secure a $750-million jury verdict for a manufacturer of digital mobile radios in an action for trade secret misappropriation, among other torts, and copyright infringement.
- Helped secure a $850-million jury verdict for a provider of software for managing health insurance plans in an action for trade secret misappropriation, among other torts, and copyright infringement.
- Represented a company that provides low-carbon energy solutions in an action for trade secret misappropriation, among other torts.
- Best Lawyers® Ones to Watch, Patent Law and Litigation-Patent, 2024
- IAM Strategy 300, 2025
- WIPR USA Trade Secrets Rankings, Notable, 2024-2025
- JD (summa cum laude), Arizona State University Sandra Day O’Connor College of Law, 2010
- BA (Molecular Cellular Developmental Biology), University of Colorado, 2004
- “What Actually Happens in Trade Secret Litigation,” Tangibly LinkedIn live panel, December 2024.
- “Insurance: An Evolving Game Changer, ”LITFINCON litigation finance conference, Los Angeles, September 2024.
- “Monetization of Underutilized Patent Portfolios,” IPWatchdog Patent Portfolio Management Masters, June 2024.Author. “Weighing the Options for Protecting AI Innovations,” Tangibly (Guest Author Series), June 2024.
- “Employee Departures: Digital Forensics, Noncompete Bans, & IP Protection,” UnitedLex webinar, May 2024.
- “Patent Owner Strategies for Enforcing Patents,” IPWatchdog Patent Litigation Masters, May 2024.
- “Unlocking Trade Secrets: A Strategic Business Approach,” Trade Secret IP Protection & Litigation West Coast Summit, April 2024.
- “Funding of Trade Secret Litigation”, AIPLA (American Intellectual Property Law Association), March 2024.
- “IP: A Yearly Examination,” LITFINCON litigation finance conference, March 2024.
- “Trade Secrets: Trends & Strategy in 2024 and Beyond,” CenterForce IP Strategy Summit, Seattle, January 2024.
- “The rise of trade secrets as primary protection for technological innovation,” Los Angeles Daily Journal, October 2021.
- “At five: DTSA has shown its staying power,” Managing Intellectual Property, October 2021.
- “Checking in on Alice: Where do things stand?” Los Angeles Daily Journal, April 2015.
- “When Nature’s Anticipation Inherently Prevents Your Discovery: A New Look at an Overlooked Requirement of Patentability and Its Impact on Inherent Anticipation,” 50 Jurimetrics J., p. 111–146, 2009.
- American Intellectual Property Law Association (AIPLA), member
- Los Angeles Intellectual Property Law Association (LAIPLA), member
- Sedona Conference Working Group 12 – Trade Secrets, member
- USC Gould School of Law Intellectual Property Institute (March 2024), Planning Committee
- “On the Move,” Los Angeles Daily Journal, January 16, 2026.
- Mills, James. “Procopio Lands Former IP Co-Leader At Miller Barondess,” Law360, January 8, 2026.
- Attorney Lounge Podcast with Brian Roberts, interview, October 2024.
