Ben Herbert is a partner in Kirkland’s Intellectual Property Group, focusing on litigation and trials involving patent, trade secret, copyright, and unfair competition claims. He also advises clients on intellectual property strategy and pre-suit investigations. Ben has worked on and led teams litigating complex cases involving diverse technologies, including digital radios, medical devices, computer software and hardware, graphics processors, bitcoin mining, portable power generation, and satellite technology. He has extensive experience in all phases of litigation, including examining witnesses at trial, initiating complaints, briefing motions (including successfully briefing claim construction, summary judgment, and post-trial issues), arguing motions, working with expert witnesses, deposing and defending witnesses, and appeals. Ben also has significant 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


“The rise of trade secrets as primary protection for technological innovation," Daily Journal, October 2021. 

"At five: DTSA has shown its staying power," Managing Intellectual Property, October 2021.

"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

Intellectual Property Owners Association, member Trade Secrets Committee

Sedona Conference, member Working Group 12 - Trade Secrets


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

    Jurimetrics, Note and Comment Editor

    Order of the Coif

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