200 Park Avenue, New York, NY 10166-0193 USA
Benjamin Hershkowitz is a partner in the New York office of Gibson, Dunn & Crutcher where he is a member of both Gibson Dunn’s Intellectual Property Practice and Technology Transactions Practice. Ben serves on the Firm’s Technology committee and Associate Compensation committee.
Ben focuses his practice on intellectual property matters, both litigation and corporate, with a particular emphasis on complex patent litigation. In addition, Ben has extensive experience successfully representing clients in trademark, copyright, trade secret, computer fraud and breach of contract matters. Ben has represented companies in diverse industries including network, consumer and business electronics, software, telecommunications, consumer/retail, medical products and industrial manufacturing. Companies have ranged from the world’s leading technology companies to innovative start-ups.
Ben has regularly served as lead trial counsel in district courts around the country as well as before the United States International Trade Commission and in arbitrations. His work has garnered him recognition by Chambers USA: America’s Leading Lawyers for Business in the area of Intellectual Property: Patent, noting that he is “the full package,” being both “incredibly savvy with tech and an incredibly savvy trial lawyer,” and having “every skill set you could want and need for running a patent litigation.” He has also been recognized by IAM Patent 1000, which describes him as “adept at weaving stories around complex technical issues,” and “very smart, hardworking, technically astute, thorough and good on his feet; he is the complete package and someone you can trust.” Managing IP named him a national IP Patent Star. He was also listed as one of the top five Best Performing attorneys in the country in Patexia’s inaugural Top Patent Litigation Attorneys. BTI Consulting named Ben to its Client Service All-Stars list which recognizes those “delivering the absolute best client service.” Ben was featured as one of Lawdragon’s “500 Leading Litigators in America” for 2023 and 2024.
Ben’s litigation experience has covered a wide range of technologies including computer networking equipment, optical transmitters, cellular telephony, voicemail, semiconductors, computer hardware and software, e-mail, e-commerce, video-on-demand, compact discs, liquid crystal displays, VoIP, business methods, digital rights management, electromechanical industrial equipment, chemical processes, medical equipment and Internet and information technologies and protocols.
Ben also regularly counsels clients in technology transactions, including both the licensing in and licensing out of intellectual property, technology and know-how. In addition, he works with clients to acquire and divest patent and other intellectual property assets. Ben also handles intellectual property matters arising in corporate transactions, including mergers and acquisitions, private equity investments and strategic alliances. He further provides guidance to clients in establishing internal procedures and policies for addressing intellectual property issues and handling copyright software audits.
Ben is a frequent author and speaker and served for five years as the Editor-in-Chief of Patent Strategy & Management, an Incisive Media newsletter. His articles and presentations have covered topics including patent damages, selecting and working with expert witnesses, the intersection of patents, antitrust and standards-setting organizations, as well as trade secrets, the licensing of intellectual property, collaborative research agreements, computer software and business method patents, patent standardization and patent pooling arrangements, and prior art searching. He has presented in front of organizations including the ABA, NYIPLA, LSI, ACCA, Computer Law Association, PLI and IPIC. Ben is a former Chair of the Committee on Internet Law for the NYIPLA and participated in the Hon. William C. Conner Inn of Court.
Ben interned in the chambers of both a Federal District Judge in the District of New Jersey and a Federal Magistrate Judge in the Eastern District of New York. Ben graduated from Rutgers University, College of Engineering (with highest honors) and New York University, School of Law, where he helped launch the Environmental Law Journal and served as its first Science Editor. He is also registered to practice before the United States Patent & Trademark Office.
Other Recent Representative Matters
New York University - 1993 Juris Doctor
Rutgers University - 1990 Bachelor of Science
New Jersey Bar
New York Bar