Patent litigation attorney

Benjamin David Herbert

1 tracked appearance 0 plaintiff · 1 defendant.

Specialty & background

Professional Summary — Benjamin David Herbert

Specialty / focus. Based on the tracked docket data, Herbert has one recorded patent-litigation appearance — as defense-side counsel at Quinn Emanuel Urquhart & Sullivan. Web research, however, identifies a patent litigator of the same name (Ben Herbert) whose practice centers on patent infringement and trade secret misappropriation litigation across digital communications/radios, semiconductor architecture, graphics processors, medical devices, software and hardware, bitcoin mining, portable power generation, and satellite technology. That practice is described as plaintiff-heavy — he was reportedly a key member of three trial teams that secured more than $1.5 billion in combined jury verdicts within two years — which contrasts with the single defendant-side appearance in the tracked data.

Firm context. A caveat on identity: I found no public record connecting the web-identified IP litigator Benjamin Herbert to Quinn Emanuel. His verified firm history runs Kirkland & Ellis (partner, Los Angeles) → Miller Barondess (IP practice co-lead, 2023–2025) → Procopio (partner, Irvine office, as of January 2026), with an interim operations role at Law Finance Group. If the tracked Quinn Emanuel appearance belongs to a different Benjamin David Herbert, the firm-history and case data above should be treated accordingly; the two could not be reconciled from public sources.

Notable cases and PTAB/IPR. The tracked case is unnamed in the docket data. On the web-verified side, Herbert served as lead counsel for Hyper Ice in nationwide percussive-massage-device patent litigation and was part of trial teams that won a $750 million verdict for a digital mobile radio manufacturer, an $850 million verdict for a health-insurance software provider (both trade secret/copyright cases), and a $30 million patent/trade secret verdict for a predictive online customer service technology company. His bios confirm regular work before the U.S. Patent and Trademark Office, including inter partes review, and appeals before the Federal Circuit, where he previously clerked for Judge Kathleen O'Malley.

Bar / education. J.D., summa cum laude, Sandra Day O'Connor College of Law at Arizona State University; B.A., Molecular Cellular Developmental Biology, University of Colorado; California bar admission (2011). No well-sourced details were found on any Quinn Emanuel-based Benjamin David Herbert specifically; absent confirmation, his credentials and results should be attributed only to the Procopio/Miller Barondess/Kirkland practitioner.

Firms

Roles

  • counsel1

Cases (1)