Benjamin Hershkowitz
Areas of Practice
Benjamin Hershkowitz, a partner in Goodwin Procter’s Litigation Department and member of the IP Litigation Practice, specializes in intellectual property litigation. His experience includes patent, trademark, trade secret, unfair competition, computer fraud and copyright matters.
Work for Clients
Mr. Hershkowitz has handled all aspects of litigation, and has regularly served as lead counsel in courts around the country. His litigation experience has covered a wide range of technologies including computer networking equipment, optical transmitters, cellular telephony, voicemail, computer hardware and software, e-mail, video on demand, compact discs, VoIP, business methods, electromechanical industrial equipment and internet and information technologies and protocols. Mr. Hershkowitz has also counseled clients in connection with both the licensing in and licensing out of patents, technology and know-how. He has also worked with clients in establishing internal procedures and policies for addressing intellectual property issues. Mr. Hershkowitz has additional experience in numerous technologies including radio frequency identification, semiconductors, financial instruments, ad-serving, peer-to-peer networks, security, encryption, copiers, printers, coatings and nylon fibers.
Professional Activities
Mr. Hershkowitz is a member of the American Intellectual Property Law Association, the American Bar Association and the Institute of Electronic and Electrical Engineers.
Publications/Presentations
Mr. Hershkowitz’s most recent articles include “10 Simple Steps to Ensure Software Licensing Compliance,” which appeared in the March 1, 2007 issue of IP Law360; “Patent Licensing – The Devil is in the Details,” which appeared in the January 2007 edition of Patent Strategy & Management; “Are Patent Cases Too Complex?,” which appeared in the July 2006 edition of Patent Strategy & Management; and “Patents and Standardization: How to Avoid 10 Common Pitfalls for the Unwary,” which appeared in the May 2006 edition of IP Advisor.
Mr. Hershkowitz serves as the Editor-in-Chief of Patent Strategy & Management, an American Lawyer Media newsletter, for which he has written numerous articles in addition to those above, including “Are Experts Required?” (August 2005) and “Patent Licensing in Connection with a Standard: Avoiding Antitrust Violations” (January/February 2005). He is a frequent author, having published articles on topics such as business method patents, financial considerations in prosecution, the use of expert witnesses, participation in standardization organizations and collaborative research agreements. Mr. Hershkowitz is also co-editor of Goodwin Procter’s IP Advisor, and has recently authored several alerts for clients in editions of Goodwin Procter IP Alert, including “Licensees May Challenge a Patent without Breaching License” (January 11, 2007) and “Recently Issued Financial...more » Mr. Hershkowitz’s most recent articles include “10 Simple Steps to Ensure Software Licensing Compliance,” which appeared in the March 1, 2007 issue of IP Law360; “Patent Licensing – The Devil is in the Details,” which appeared in the January 2007 edition of Patent Strategy & Management; “Are Patent Cases Too Complex?,” which appeared in the July 2006 edition of Patent Strategy & Management; and “Patents and Standardization: How to Avoid 10 Common Pitfalls for the Unwary,” which appeared in the May 2006 edition of IP Advisor.
Mr. Hershkowitz serves as the Editor-in-Chief of Patent Strategy & Management, an American Lawyer Media newsletter, for which he has written numerous articles in addition to those above, including “Are Experts Required?” (August 2005) and “Patent Licensing in Connection with a Standard: Avoiding Antitrust Violations” (January/February 2005). He is a frequent author, having published articles on topics such as business method patents, financial considerations in prosecution, the use of expert witnesses, participation in standardization organizations and collaborative research agreements. Mr. Hershkowitz is also co-editor of Goodwin Procter’s IP Advisor, and has recently authored several alerts for clients in editions of Goodwin Procter IP Alert, including “Licensees May Challenge a Patent without Breaching License” (January 11, 2007) and “Recently Issued Financial Services Industry Patent Raises Concerns” (November 30, 2006).
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.
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Professional Experience
Prior to joining Goodwin Procter, Mr. Hershkowitz was a partner at Kenyon & Kenyon in New York. Before that, he interned in the chambers of both a Federal District Judge and a Federal Magistrate Judge. Mr. Hershkowitz also interned at the Natural Resources Defense Council conducting legal research in the areas of incineration and transportation.
Bar and Court Admissions
Mr. Hershkowitz is admitted to the New York and New Jersey Bars, the U.S. Court of Appeals for the Federal and Second Circuits, and the U.S. Court for the District of New Jersey, the Southern and Eastern Districts of New York, the Northern District of California and the Eastern District of Texas. He is also a registered patent attorney with the U.S. Patent and Trademark Office.
Education
J.D., New York University, School of Law, 1993
B.S.E.E., Rutgers University, College of Engineering, 1990 (with highest honors)
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