Benjamin A. Herbert

I'll research this attorney before drafting.

Good baseline. Now let me verify the notable verdicts, PTAB work, and the Hyperice litigation campaign.

Benjamin A. Herbert — patent litigation summary

Focus areas. Herbert's practice centers on patent infringement and trade secret misappropriation litigation, with related copyright and technology-tort work. His documented patent docket is concentrated in consumer products and medical devices — it is currently anchored by Hyper Ice's percussive massage-device campaign — plus digital mobile radios, microprocessors and graphics processors, spinal implants and insulin pumps, immersion cooling, and general software/hardware systems. Procopio's January 2026 hiring release describes his work as spanning digital communications, semiconductor architecture, and medical devices. Nothing in the tracked cases or firm materials shows Wi-Fi/standards-essential patent work, and despite his undergraduate degree in molecular, cellular and developmental biology, no pharmaceutical or life-sciences patent practice is documented.

Side preference. The tracked record is close to even — 2 plaintiff-side, 3 defendant-side — but the pattern is portfolio-driven rather than plaintiff/defendant-driven: he appears on both sides of the same Hyper Ice dispute cluster rather than as repeat counsel for a particular side. His firm-published record leans heavily plaintiff-side (he is described as a key member of three trial teams that obtained large plaintiff verdicts), but he is not, on this record, a repeat PAE/NPE enforcement lawyer. The three "defendant" entries are Hyper Ice-related matters — including actions brought against Hyper Ice by Chinese entities (Sichuan Qianli-Beoka; Shenzhen Kelaisiman) — rather than a general operating-company defense practice. One tracked caption, MerchSource, LLC v. Hyper Ice, appears related to a Hyper Ice-filed C.D. Cal. action (No. 8:24-cv-00410) that was consolidated with the JOICOM/RENPHO case for pretrial purposes.

Firm context and notable cases. Herbert is currently a partner in Procopio's litigation group in Irvine, California (joined January 2026); he was previously co-leader of Miller Barondess's IP practice, and all five tracked appearances date from that tenure. Before Miller Barondess he was a Kirkland & Ellis partner in Los Angeles and ran Los Angeles operations for litigation funder Law Finance Group. His most prominent patent-side matters include Hyper Ice, Inc. v. JOICOM Corp. d/b/a RENPHO (C.D. Cal., asserting U.S. Pat. No. 11,857,482, "Massage Device Having Variable Stroke Length") and Hyper Ice, Inc. v. Therabody, Inc. On the trade-secret side, he is credited in firm bios and third-party coverage with work on three large Kirkland verdicts exceeding $1.5 billion combined in roughly two years: Motorola Solutions v. Hytera (N.D. Ill., $764.6M jury verdict, later reduced in part) — where his pro hac vice appearance for Motorola Solutions is verifiable in the docket — TriZetto v. Syntel ($855M, health-plan-management software, later reduced on appeal and remand), and LivePerson (approximately $30M, AI customer-service technology). The $1.5B aggregate figure and his precise role in the TriZetto and LivePerson trials are firm-reported and were not independently confirmed here.

PTAB/IPR, bar, education. Firm biographies state significant experience in USPTO proceedings, including inter partes review, and before the Federal Circuit; I could not verify specific IPR/PGR dockets for him in public search, so that experience should be treated as firm-reported. He is admitted in California (State Bar No. 277356), holds a J.D. summa cum laude from Arizona State University's Sandra Day O'Connor College of Law (2010) and a B.A. from the University of Colorado (2004), and clerked for the Hon. Kathleen M. O'Malley at both the N.D. Ohio and the Federal Circuit.