Benjamin Herbert

Benjamin Herbert — partner, Procopio (Irvine, CA)

Focus areas. Herbert's practice centers on patent infringement and trade secret misappropriation litigation, with a stated emphasis on technology, AI, hardware and software clients. His firm bio describes matters spanning digital radios, medical devices (spinal implants and biologics, insulin pumps, pedicle screws, orthopedic implants), consumer products (percussive massage devices), microprocessors and graphics processors, bitcoin mining and immersion cooling, portable power generation, and satellite technology. He also advises on patent strategy and licensing. (Procopio bio; IPWatchdog bio; myLawCLE bio.)

Side preference. He works both sides. His two tracked appearances are evenly split — one plaintiff-side lead (Hyper Ice, Inc. et al. v. Therabody, Inc.) and one defendant-side lead (Sichuan Qianli-Beoka Medical Technology Inc. v. Hyper Ice Inc. et al.) — and his broader record is mixed: firm and conference bios emphasize a plaintiff-side trial record (a key member of three trial teams securing more than $1.5 billion in jury verdicts within two years, one a patent/trade secret matter yielding a $30 million verdict), while his current docket is largely defense of Hyperice against competitor and counterclaim challenges. Nothing in the sources suggests NPE/PAE portfolio-monetization work; his plaintiff-side matters appear to be operating-company enforcement. (Procopio bio; Procopio press release; CourtListener/Justia dockets.)

Firm context. Herbert joined Procopio as a litigation partner in its Irvine office (announced January 8, 2026; sources indicate he joined in December 2025). Before Procopio he was a partner at Miller Barondess in Los Angeles and co-leader of that firm's IP practice (from November 2023), following a partnership at Kirkland & Ellis in Los Angeles; he also spent time running operations at litigation funder Law Finance Group. Earlier in his career he appeared for Medtronic/Warsaw Orthopedic entities in the NuVasive spinal patent litigation. (Procopio press release; BusinessWire/Miller Barondess announcement; &AI advisory bio; Warsaw Orthopedic v. NuVasive, S.D. Cal. docket.)

Notable matters, PTAB and credentials. He is lead counsel for Hyperice in the C.D. Cal. percussive-massage-device campaign against Therabody — a consolidated multi-case set before Judge John W. Holcomb in which Hyper Ice v. Therabody (8:24-cv-02034) and related actions proceeded through Markman briefing and a claim construction hearing (2025–2026), and in the related Therabody v. Hyper ICE (8:26-cv-00003), where Hyperice has counterclaimed; Therabody filed notice of a post-grant review petition against Hyperice patent claims in April 2025. He represented Hyperice as defendant in the Qianli-Beoka/Bob and Brad massage-gun actions, which were consolidated for claim construction and closed in March 2026; that matter is now on appeal to the Federal Circuit (No. 26-1563, filed March 2026, pending). His bios state significant experience in USPTO proceedings, including inter partes review, and before the Federal Circuit. He is a member of the State Bar of California (No. 277356, admitted 2011); J.D. summa cum laude, Arizona State University Sandra Day O'Connor College of Law (2010); B.A., molecular cellular developmental biology, University of Colorado (2004). A clerkship for then-Judge Kathleen O'Malley (N.D. Ohio and the Federal Circuit) is reported in a third-party vendor bio but does not appear in his firm materials, so treat it as not independently confirmed here.