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Benjamin Hershkowitz is a partner in the New York office of Gibson, Dunn & Crutcher where he is a member of Gibson Dunn's Intellectual Property Practice.  Mr. Hershkowitz focuses his practice on intellectual property litigation, particularly complex patent litigation.  In addition, Mr. Hershkowitz has extensive experience successfully representing clients in trademark, copyright, trade secret, computer fraud and antitrust matters.  Mr. Hershkowitz has represented companies ranging from the world's leading technology companies to innovative start-ups.


Mr. Hershkowitz has regularly served as lead counsel in courts around the country.  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 "extremely helpful and efficient, and an excellent writer and advocate" as well as IAM Patent 1000  which commented that he is "adept at weaving stories around complex technical issues."  Mr. Hershkowitz'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 and Internet and information technologies and protocols.


Mr. Hershkowitz also regularly counsels clients in technology transactions, including both the licensing in and licensing out of patents, technology and know-how.  In addition, he works with clients to acquire and divest patent and other intellectual property assets.  Mr. Hershkowitz also handles intellectual property matters arising in corporate transactions, including mergers and acquisitions 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.


Mr. Hershkowitz is a frequent author and speaker and served for five years as the Editor-in-Chief of Patent Strategy & Management, an Incisive Media newsletter.  Recent article topics include patent damages, selecting and working with expert witnesses, and the intersection of patents, antitrust and standards setting organizations.  Mr. Hershkowitz has spoken on 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 to various organizations such as the ABA, NYIPLA, LSI, ACCA, Computer Law Association, PLI and IPIC.  Mr. Hershkowitz is a former Chair of the Committee on Internet Law for the NYIPLA and is active as a member of the Hon. William C. Conner Inn of Court.


Prior to joining Gibson Dunn, Mr. Hershkowitz was a partner at Goodwin Procter in its New York office.  Before that, he worked for an intellectual property boutique and interned in the chambers of both a Federal District Judge and a Federal Magistrate Judge.  Mr. Hershkowitz graduated from Rutgers University, College of Engineering (with highest honors) in 1990 and New York University, School of Law, in 1993, where he helped launch theEnvironmental Law Journal.  He is also registered to practice before the United States Patent & Trademark Office.


 


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Practice areas

Licensed

  1. Intellectual Property: 50%
    23 years
  2. Litigation: 50%
    23 years

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Contact info

Gibson, Dunn & Crutcher, LLP

200 Park Ave
New York, NY, 10166-0005

Resume

License
StateStatusAcquiredUpdated
NYCurrently registered 199407/10/2016
NJActive199307/28/2016
We have not found any instances of professional misconduct for this lawyer.
Avvo contributions
Legal answers
Awards
Award nameGrantorDate granted
Intellectual Property: PatentChambers & Partners USA Guide2016
iam Patent 1000Intellectual Asset Management2016
2016 New York Metro Super LawyersSuper Lawyers2016
Associations
Association namePosition nameDuration
New York Intellectual Property Law AssociationN/AN/A
American Intellectual Property Law AssociationN/AN/A
American Bar AssociationN/AN/A
Conner Inn of CourtN/AN/A
Publications
Publication nameTitleDate
Portfolio Media (Law360)Keep Your SSO Promises2008
IP Litigator10 Simple Steps to Ensure Software Licensing Compliance2007
Patent Strategy & ManagementPatent Licensing — The Devil is in the Details2007
Patent Strategy & ManagementA Word from the Editor: Are the Patent Laws About to Change?2006
Patent Strategy & ManagementAre Patent Cases Too Complex?2006
IP AdvisorPatents and Standardization: How to Avoid 10 Common Pitfalls for the Unwary2006
Education
School nameMajorDegreeGraduated
New York University School of LawLawJD - Juris Doctor1993
Rutgers UniversityElectrical EngineeringBS - Bachelor of Science1990
Speaking engagements
Conference nameTitleDate
NYIPLA Conference: Preparation of a Patent Damages Case for TrialLost Profits as Damages2009
PLI Advanced Licensing SeminarPatent Licensing from a Litigators Perspective2007
Standards Setting & Patent PoolsCross Licensing in the Context of Patent Pools and Standards Setting2005
Nineteenth Annual Joint Patent SeminarPrior Art Searching in the Computer/Business Method Arts: Looking Beyond Patents and Patent Applications2003
Annual Conference, Forum on Trade SecretsSurvey of the Past Year in trade Secret Law1997