Ben Herbert Joins the &AI Advisory Board

Ben Herbert is joining &AI's Advisory Board. Ben is a Partner in the Intellectual Property Litigation group at Procopio, Cory, Hargreaves & Savitch LLP, where he focuses on patent infringement and trade secret misappropriation litigation.

Ben's trial record speaks in numbers. As a key member of three trial teams at Kirkland & Ellis, he helped secure more than $1.5 billion in jury verdicts in the span of two years — including an $855 million trade secret and copyright verdict and a $765 million verdict in a digital radio patent case.

His technical range is equally broad. Ben has litigated complex patent and trade secret cases involving digital radios, medical devices, computer software and hardware, graphics processors, bitcoin mining, portable power generation, and satellite technology. That kind of cross-industry experience means he's seen how patent tools need to perform across very different technical landscapes.

Ben holds a B.A. in Molecular Cellular Developmental Biology from the University of Colorado and earned his J.D. from the Sandra Day O'Connor College of Law at Arizona State University. After law school, he clerked for the Honorable Kathleen O'Malley at both the U.S. District Court for the Northern District of Ohio and the U.S. Court of Appeals for the Federal Circuit — giving him a view of patent cases from the trial bench and the appellate bench before he ever tried one himself.

Before joining Procopio, Ben served as a partner at Kirkland & Ellis in Los Angeles and co-led the intellectual property practice at Miller Barondess. He also spent time running operations for Law Finance Group, a litigation finance firm — experience that gives him a perspective on IP cases that extends beyond the courtroom to the economics of patent enforcement.

The recognition has followed. Ben was named to the IAM Strategy 300 for 2025, recognized by WIPR as a Notable US attorney in its Trade Secrets Rankings, and selected by Best Lawyers as One to Watch in both Patent Law and Patent Litigation. He writes and speaks frequently on trade secret misappropriation, patent infringement, and litigation finance, with publications in the Daily Journal and Managing Intellectual Property.

“Ben has tried the kinds of cases where getting the analysis wrong isn't an option — $500 million verdicts, $800 million verdicts. When someone has been on trial teams at that level, they know exactly what patent tools need to deliver and where they can't afford to miss. That's the standard we want to build to.”Caleb Harris, CEO of &AI

“I’ve spent my career litigating cases where the margin of error is basically zero. What drew me to &AI is its focus on building tools that actually meet that standard: technology that can handle the complexity, nuance, and technical depth of real-world patent litigation. Having worked across a wide range of technologies and seen how critical early case assessment and strategy are, I’m excited to help shape a platform that gives practitioners a meaningful edge where it matters most—on the merits and in the courtroom.”Ben Herbert, Partner at Procopio, Cory, Hargreaves & Savitch LLP

We built &AI's Advisory Board to keep practitioner needs at the center of everything we build. Ben's addition strengthens that mission considerably.