Orrick Pro Bono: Restoring Dignity for a Purple Heart Veteran

2 minute read | April.07.2025

An Orrick team has achieved a complete victory for decorated veteran Sgt. Benjamin Hayhurst, securing combat-related special compensation (CRSC) in March and concluding a nearly two-decade fight for justice.
Sgt. Hayhurst deployed to Iraq in 2004 and fought in the historic “Black Sunday” battle in Sadr City. He was awarded numerous medals and decorations, including a Purple Heart, the Army Commendation with Valor Device and the Combat Infantry Badge, for his honorable service and injuries sustained in combat, including bullet wounds to his left shoulder and upper arm. As a result of these injuries, Sgt. Hayhurst developed Post Traumatic Stress Disorder, but instead of a full medical retirement, he was unrightfully administratively separated from the U.S. Army for an alleged “personality disorder.”
In December 2023, Orrick partner Josh Pond, in collaboration with the National Veterans Legal Services Program (NVLSP), secured an award of CRSC for Sgt. Hayhurst’s combat-related PTSD. Because his retirement was denied for 18 years, he had been prevented from receiving proper retirement benefits. With his military record rectified, Sgt. Hayhurst became eligible for CRSC, a special recognition authorized by Congress in 2008 for Wounded Warriors. The Orrick team filed a brief on his behalf, advocating for his deserving service in combat.
In March 2025, he received the good news: the Army determined that Sgt. Hayhurst was entitled to retroactive and prospective CRSC for his PTSD and other conditions stemming from his military service.
This is an important victory because it sheds light on the damage of personality disorder discharges, which has caused thousands of service members to be unjustly denied proper health and retirement benefits as well as recognition for their service.

Josh’s team at Orrick included Jana Schneider and Karen Johnson. The NVLSP team included Director of Lawyers Serving Warriors®, the Pro Bono Program of NVLSP, Rochelle Bobroff, Senior Managing Attorney Esther Leibfarth, Staff Attorney Amy Fulmer and Staff Attorney Matthew Handley. We are grateful to NVLSP for helping us make an impact together.

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Josh Pond Partner, U.S. International Trade Commission, Patents

Washington, D.C.

See my bio

D:+1 202 339 8493
E: jpond@orrick.com

Practice:

U.S. International Trade Commission
Patents
Intellectual Property
Technology & Innovation

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Josh Pond Partner

Washington, D.C.

Josh is a Global and U.S. Chambers-ranked Section 337 advocate before the U.S. International Trade Commission. He is also a D.C. Super Lawyer in IP litigation, and Patexia has consistently ranked him as a “most-active” and "best performing" ITC practitioner for each of the past five years.

Josh’s practice centers on blocking and defending imports before the ITC. He regularly serves as lead ITC counsel for domestic and international companies – particularly those from Asia and Europe – in Section 337 investigations. Over the past decade, Josh has been to ITC trial for over a dozen Fortune Global 500 companies. He focuses on matters involving brand protection, patent, trademark, and copyright infringement, international trade secret theft and unfair competition claims.

In addition to the ITC, Josh is active before the U.S. Patent and Trademark Office, U.S. District Courts and the Federal Circuit. Recent patent-validity challenge highlights at the USPTO’s Patent Trial and Appeal Board include a complete five-patent Inter Partes Review defense victory, as well as a two-patent invalidating IPR win, affirmed at the Federal Circuit, as well as a key patent defense through Ex Parte Reexamination. Josh’s most recent District Court win was a jury verdict in favor of his client ScentAir in Delaware. Abroad, China has featured prominently among recent global forums for Josh’s matters, as well as Canada and Germany.

Josh’s IP portfolio strategies are catered to meeting enforcement challenges. His clients include companies ranging from startups to multinationals in electronics, consumer products, telecommunications, mechanical and medical devices, and biochemicals.

A founding member of the Advisory Council to Georgetown's Institute for Technology Law & Policy, Josh also has been a fellow in the Hispanic National Bar Association’s IP Law Institute. He was a founding editor of the ITC Trial Lawyers Association’s 337 Reporter Round-Up.

Josh served in the U.S. Marine Corps as a field artillery captain. He was deployed to the Persian Gulf and awarded the Defense Meritorious Service Medal. As part of his pro bono service, Josh advocates for fellow veterans with the “Lawyers Serving Warriors” team of the National Veterans Legal Services Program.

Prior to joining Orrick, Josh co-led a global law firm’s ITC Section 337 litigation practice.

Related Areas

Pro Bono