Makenzi G. Herbst

Makenzi G. Herbst is a patent litigator with Wilmer Cutler Pickering Hale and Dorr, where her practice focuses on intellectual property and commercial litigation matters. She primarily represents defendants, as evidenced by her tracked appearances, and has experience defending clients against assertions by non-practicing entities (NPEs). Ms. Herbst has handled disputes across a broad spectrum of technologies, including wireless communications, microprocessors, diagnostics, pharmaceuticals, computer software, agriculture equipment, and plastic houseware products. As of August 2026, she is on secondment and not currently practicing at WilmerHale.

A significant engagement in her career includes her role as lead counsel for Intel Corp. in Proxense, LLC v. Intel Corp., a patent infringement case involving wireless communication patents related to Wi-Fi 6, Wi-Fi 6E, and Wi-Fi 7 technologies. This case, filed in the Western District of Texas, resulted in a favorable outcome for Intel, with the plaintiff, Proxense, voluntarily dismissing its claims with prejudice. Ms. Herbst is an experienced trial lawyer, having assisted at multiple trials that yielded favorable outcomes, and has successfully argued at both the appellate and district court levels. Her trial teams have been recognized by The American Lawyer's Litigation Daily as "Litigators of the Week" or "Runners-Up". She also co-authored an article discussing investor-backed patent litigation and its impact on innovation.

Her experience extends to PTAB proceedings, as IPRs were filed against Proxense's patents in connection with the Proxense v. Intel litigation. Ms. Herbst earned her Juris Doctor from Harvard Law School in 2021 and holds a Bachelor of Science in Environmental Engineering, summa cum laude, from Rensselaer Polytechnic Institute (2018). She is admitted to practice in Massachusetts, the U.S. Court of Appeals for the Federal Circuit, and the U.S. District Court for the District of Massachusetts.