Ben Herbert is a partner in Kirkland’s Intellectual Property Group, focusing on patent litigation, including Section 337 litigation before the U.S. International Trade Commission, and trade secret misappropriation litigation. Ben has worked on complex cases involving diverse technologies, including medical devices, computer software and hardware, graphics processors, and satellite technology. He has experience in all phases of litigation, including initiating complaints, briefing motions (including successfully briefing claim construction and summary judgment issues), arguing motions, working with expert witnesses, deposing and defending witnesses, and appeals. Ben also has extensive experience before the United States Court of Appeals for the Federal Circuit, including drafting briefs, serving as second chair during multiple oral arguments, and arguing before the court.


Thought Leadership


"Checking in on Alice: Where do things stand?" Daily Journal, April 2015.

Ben Herbert, Comment, "When Nature’s Anticipation Inherently Prevents Your Discovery: A New Look at an Overlooked Requirement of Patentability and Its Impact on Inherent Anticipation", 50 Jurimetrics J., p. 111–146 (2009)

Memberships & Affiliations

Federal Circuit Bar Association


Admissions & Qualifications

  • 2011California


  • United States Court of Appeals for the Federal Circuit
  • United States District Court for the Southern District of California
  • United States District Court for the Northern District of California
  • United States District Court for the Central District of California


  • Sandra Day O’Connor College of Law at Arizona State UniversityJ.D.summa cum laude2010

    Note and Comment Editor, Jurimetrics

    Order of the Coif

  • University of Colorado at BoulderB.S., Molecular Cellular Developmental Biology2004