Ben Herbert

Ben Herbert — Patent Litigation Practice Summary

Specialty / focus areas. Herbert is a trial-focused IP litigator concentrating on patent infringement and trade secret misappropriation. His matters span a broad technology range — digital mobile radios, medical devices (spinal implants/biologics, insulin pumps, percussive-massage devices), microprocessors and graphics processors, computer software and hardware, bitcoin mining, portable power generation, satellite technology, and consumer products — rather than any single standard or industry vertical. He has also handled patent-infringement campaigns through multi-district litigation and counsels on licensing and portfolio strategy.

Side preference / case profile. The tracked appearance data shows one matter on the defense side, where Herbert served as lead counsel for the defendant while at Miller Barondess. Firm biographies describe him as having worked for both plaintiffs and defendants in federal district court, while noting a trial record largely built representing plaintiffs. He has "helped secure" or been "a key member" of trial teams on >$1.5 billion in verdicts in roughly two years, per his firm bio, so his individual role was supporting rather than lead on several of the headline results.

Firm context. Herbert is currently a partner in Procopio's IP Litigation group in Irvine, effective January 2026, having joined from Miller Barondess, where he co-led the IP practice from late 2023 through 2025. Before that he was a partner at Kirkland & Ellis in Los Angeles for over a decade, with a brief stint running Los Angeles operations for litigation-finance firm Law Finance Group in between. He began his career as a law clerk to Judge Kathleen M. O'Malley (N.D. Ohio and the Federal Circuit).

Notable cases and outcomes. Publicly reported results tied to his trial teams include the roughly $765M digital-mobile-radio verdict for Motorola Solutions against Hytera (trade secrets/copyright, later reduced and modified on appeal in the Seventh Circuit), and an approximately $855M verdict for Cognizant in a health-insurance-software trade secret and copyright case. Individually credited matters include a $30M jury verdict for a predictive online-customer-service technology company, and lead-counsel work defending Hyper Ice in nationwide percussive-massage-device patent litigation. He also has Federal Circuit experience, including a prosecution-appeal matter on pedicle-screw claims. Per his firm materials, Herbert has "significant experience" in USPTO inter partes review proceedings, though no IPR appearances appear in the tracked case data.

Bar / education. California-licensed (Bar No. 277356 per court filings); J.D. summa cum laude, Sandra Day O'Connor College of Law at Arizona State University (2010); B.A. in molecular, cellular and developmental biology, University of Colorado (2004).