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Ben Herbert

Patent and Trade Secret Misappropriation Trial Lawyer

Miller Barondess LLP

Ben Herbert is an accomplished trial lawyer with Miller Barondess LLP where he focuses his practice on patent infringement and trade secret misappropriation litigation.  He is co-leader of the firm’s Intellectual Property practice.  Ben is adept at helping his clients solve issues related to intellectual property through counseling and litigation. He is recognized among the 2024 Best Lawyers in America: Ones to Watch® in the areas of Patent Law and Litigation – Patent.

Ben has a record of success representing plaintiffs in intellectual property trials, having been 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, computer software and hardware, graphics processors, bitcoin mining, portable power generation, and satellite technology.  He also has significant experience representing clients in Patent Office proceedings, including inter partes review, as well as before the U.S. Court of Appeals for the Federal Circuit.

Ben is a frequent author and speaker on topics related to trade secret misappropriation,  patent infringement, and litigation finance, having been published in the Daily Journal and Managing Intellectual Property, and speaking at the Sedona Conference, the Intellectual Property Owners Association’s Annual Conference, LAIPLA’s Spring Seminar, IAM’s Trade Secret Strategy Conference, and IAM’s Patent Transactions Conference.

Ben received his J.D. from the Sandra Day O’Connor College of Law at Arizona State University and earned a B.A. in Molecular Cellular Developmental Biology from the University of Colorado.  Prior to joining Miller Barondess, Ben was a partner with Kirkland & Ellis in Los Angeles.  He then ran operations in Los Angeles for Law Finance Group.  After graduating from law school, he served as a law clerk to the Honorable Kathleen O’Malley (ret.) at both the U.S. District Court for the Northern District of Ohio and the U.S. Court of Appeals for the Federal Circuit.

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