Benjamin Hershkowitz

Benjamin Hershkowitz is a partner in the New York office of Gibson, Dunn & Crutcher LLP, where he is a member of the Intellectual Property and Technology Transactions Practices. He focuses his practice on complex patent litigation, consistently representing clients on the defendant side in high-stakes disputes. His tracked appearances show exclusively defendant-side representation across all three cases.

Mr. Hershkowitz's patent litigation experience spans a broad range of technologies. His representative matters include cases involving computer networking equipment, optical transmitters, cellular telephony, voicemail, semiconductors, computer hardware and software, e-mail, e-commerce, video-on-demand, Wi-Fi, telecommunications, and medical products. He also handles matters concerning electromechanical industrial equipment, chemical processes, and Internet and information technologies. The cases he has appeared in, Midwest Energy Emissions Corp. et al. v. Berkshire Hathaway Energy Company et al., specifically involve patents related to mercury emissions reduction technologies for coal-fired power plants.

As lead trial counsel, Mr. Hershkowitz has appeared in district courts nationwide, before the United States International Trade Commission (ITC), and in arbitrations. In the Midwest Energy Emissions litigation, he represented Berkshire Hathaway Energy Company and related entities against allegations of patent infringement concerning environmental technologies. This particular dispute was part of a multi-district litigation in which defendants were accused of infringing patents related to mercury capture technology. He also has experience with proceedings before the Patent Trial and Appeal Board (PTAB), as evidenced by his firm's involvement in IPRs related to the Midwest Energy Emissions patents.

Mr. Hershkowitz earned his Juris Doctor from New York University in 1993 and a Bachelor of Science from Rutgers University in 1990. He is admitted to practice in New York and New Jersey.