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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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|Award name||Grantor||Date granted|
|Intellectual Property: Patent||Chambers & Partners USA Guide||2016|
|iam Patent 1000||Intellectual Asset Management||2016|
|2016 New York Metro Super Lawyers||Super Lawyers||2016|
|Association name||Position name||Duration|
|New York Intellectual Property Law Association||N/A||N/A|
|American Intellectual Property Law Association||N/A||N/A|
|American Bar Association||N/A||N/A|
|Conner Inn of Court||N/A||N/A|
|Portfolio Media (Law360)||Keep Your SSO Promises||2008|
|IP Litigator||10 Simple Steps to Ensure Software Licensing Compliance||2007|
|Patent Strategy & Management||Patent Licensing — The Devil is in the Details||2007|
|Patent Strategy & Management||A Word from the Editor: Are the Patent Laws About to Change?||2006|
|Patent Strategy & Management||Are Patent Cases Too Complex?||2006|
|IP Advisor||Patents and Standardization: How to Avoid 10 Common Pitfalls for the Unwary||2006|
|New York University School of Law||Law||JD - Juris Doctor||1993|
|Rutgers University||Electrical Engineering||BS - Bachelor of Science||1990|
|NYIPLA Conference: Preparation of a Patent Damages Case for Trial||Lost Profits as Damages||2009|
|PLI Advanced Licensing Seminar||Patent Licensing from a Litigators Perspective||2007|
|Standards Setting & Patent Pools||Cross Licensing in the Context of Patent Pools and Standards Setting||2005|
|Nineteenth Annual Joint Patent Seminar||Prior Art Searching in the Computer/Business Method Arts: Looking Beyond Patents and Patent Applications||2003|
|Annual Conference, Forum on Trade Secrets||Survey of the Past Year in trade Secret Law||1997|