Benjamin Herbert

Patent Infringement Litigation

• Lead counsel for Hyper Ice, Inc., in litigation across the United States concerning percussive massage devices.
• Helped secure a $30-million jury verdict for a provider of predictive online customer service technology regarding patent infringement and trade secret misappropriation, among other torts.
• Represented a medical device manufacturer in multiple patent infringement actions involving spinal technology (implants and biologics) and insulin pump devices.
• Represented a not-for-profit hospital in a patent infringement and royalty dispute involving orthopedic implant technology.
• Represented a medical device manufacturer in a Federal Circuit appeal of a U.S. Patent and Trademark Office rejection of claims related to pedicle screws.
• Represented a microprocessor manufacturer in a patent infringement action involving numerous microprocessor technologies.
• Represented a microprocessor manufacturer in a patent infringement action involving graphics processing technologies.
• Represented a provider of immersion cooling technology in an action for patent infringement.

Trade Secrets, Copyright, and Tort Litigation

• Represented a Houston-based compounding pharmacy in an action for trade secret misappropriation, among other torts, against former employees.
• Helped secure a $750-million jury verdict for a manufacturer of digital mobile radios in an action for trade secret misappropriation, among other torts, and copyright infringement.
• Helped secure a $850-million jury verdict for a provider of software for managing health insurance plans in an action for trade secret misappropriation, among other torts, and copyright infringement.
• Represented a company that provides low-carbon energy solutions in an action for trade secret misappropriation, among other torts.