Kristina Hendricks works closely with clients to resolve complex intellectual property (IP) disputes. Focusing primarily on patent infringement and trade secret misappropriation actions, Kristina litigates high-stakes cases involving a variety of technologies, including semiconductor devices and fabrication, computer hardware and software, wireless protocols, fintech, and medical devices. Kristina handles all aspects of district court and International Trade Commission (ITC) litigation and also has extensive experience with inter partes review proceedings.
Kristina advises multinational clients on IP strategy and risks and works closely with senior business leadership to advance business objectives. She has achieved early dismissals and high-profile summary judgment and trial wins for clients. Prior to joining Jones Day, she represented a client against a competitor regarding infringement of aerial imagery technology in which the jury awarded the client $125 million and found willful infringement. She also defended, among many others, vehicle manufacturers in patent infringement litigation regarding infotainment systems, a medical device company in a complex patent infringement and trade secret misappropriation litigation regarding medical implants, a mobile device company in patent infringement litigation regarding GPU (graphics processing unit) hardware, and a tech company in patent infringement litigation regarding cloud computing.
Kristina has a particular interest in emerging technologies, including advanced semiconductor design and fabrication, artificial intelligence (AI) and machine learning, and metaverse technologies (virtual reality, augmented reality, digital twins, and non-fungible tokens [NFTs]).
At the start of her career, Kristina worked as an electrical engineer in the semiconductor industry. In addition, she studied Chinese IP law at Tsinghua University in Beijing.
Kristina serves on the board of directors for Illinois Legal Aid Online.
Experience
The following represents experience acquired prior to joining Jones Day.
Represented an innovative computer vision start-up in a five-patent infringement case in the District of New Jersey against a competitor in connection with a decade-long dispute. After defeating IPRs (inter partes reviews) and §101 motions, the case proceeded to trial. The jury returned a verdict in less than one hour in favor of the client on all counts, finding willful infringement and awarding $125 million in damages. The judge subsequently issued a permanent injunction and awarded trebled damages of $375 million and attorneys' fees.
Lead counsel representing global computer company in patent litigation brought by an NPE (non-practicing entity) in the District of Delaware involving video advertising technology. Argued and won key claim constructions resulting in a dismissal with prejudice on all claims before any discovery commenced. The Federal Circuit issued a Rule 36 affirmance.
Represented medical device and heath care company in a patent dispute against an NPE in the Eastern District of Texas, and later in the District of Minnesota, involving artificial heart valve technology. Shortly before trial, successfully moved to transfer case to client's home court based on TC Heartland and to stay the case pending IPRs. The case resolved after filing summary judgment motions.
Defended manufacturer of foot and ankle medical device technology in a complex, 10-patent and trade secret misappropriation lawsuit brought by competitor in the District of Colorado. Instrumental in successful IPRs invalidating over 50 claims.
Lead counsel representing global computer and technology company against an NPE in the Western District of Texas. Strategically convinced Judge Albright to stage case to hold an early bench trial on issues of inequitable conduct and prosecution laches, and to stay all other discovery. Plaintiff agreed to dismiss case shortly thereafter.
Represented a global leader in garage door openers and gate entry systems in a trade secret misappropriation case against former executive and competitor in the Northern District of Illinois. Case resolved shortly after fact discovery.
Advised autonomous driving technology company in responding to patent licensing demand letter by competitor regarding driver assist technology. After identifying close prior art, the competitor dropped the assertion.
For a leading RFID (radio-frequency identification) products company, led investigation of potential patent infringement by competitor. Analysis resulted in favorable business resolution.
Represented leading semiconductor device company in preparing ITC (International Trade Commission) complaints against competitors regarding a variety of semiconductor fabrication and packaging technologies. Worked with third-party consultants to reverse engineering competitors' mobile processors and led internal investigation identifying domestic industry products.
Represented leading computer and mobile device company in a complex patent dispute in the Eastern District of Texas involving GPUs (graphics processing units) for smart phones and tablets. After claim construction wins and successful motion to strike an opposing expert report, obtained favorable settlement before trial.
Defended insurance company in patent litigations against several NPEs. After quickly identifying weaknesses with the patents, cases settled favorably before responding to the complaints.
Represented global computer and technology company in defense of patent infringement claims related to data archiving and de-duplication technologies. Case resolved favorably for client shortly after judge ruled on summary judgment and Daubert motions.
Defended online retailer in patent litigation against NPE in the Southern District of California. Case resolved in client's favor, before any discovery, after implementing strategy to quickly identify close prior art and draft IPRs, and to draft an early summary judgment motion of noninfringement based on prosecution disclaimer.
Represented insurance company in patent monetization efforts against competitors involving a system for assessing hail damage and telematics patents.
Represented large U.S. bank against Intellectual Ventures in multipatent infringement litigation involving online banking and security technology. Court invalidated claims under both §101 and §102.
Represented global car manufacturer against NPE in a patent litigation in the Eastern District of Texas involving vehicle security systems. After a motion to dismiss pointing out several flaws in the complaint and that the inventor, a non-attorney, could not represent the plaintiff, a limited liability company and owner of the asserted patent, pro se, plaintiff voluntarily dismissed the case.
Represented global car manufacture against an NPE in a patent litigation involving vehicle instrument displays. After spotting a fatal flaw in the infringement allegations early on, a federal judge in Delaware agreed that the inventor clearly disclaimed the accused display functionality and resulted in a quick settlement.
Represented several major wireless device manufacturers and their customers regarding FRAND (fair, reasonable and non-discriminatory) obligations for 10, 802.11 patents in the Northern District of Illinois. The case resolved when the Court determined that all of the asserted patents were subject to a FRAND obligation and set a FRAND rate. This case has been featured in numerous articles including in The National Law Journal, which reported: "The result was a groundbreaking decision by U.S. District Judge James Holderman defining what it means for a patent to qualify as a standard essential and how to determine its price — not to mention a bargain-basement settlement for Cisco."
Represented a leading computer and mobile device company as complainant before the ITC against competitor regarding smart phone features and operating system patents. Obtained favorable settlement shortly after trial.
- Illinois Institute of Technology, Chicago-Kent College of Law (J.D. with honors 2009); The University of Texas at Austin (B.S. in Electrical Engineering 2005)
- Illinois; U.S. District Courts for the Northern District of Illinois, Western District of Michigan, Eastern District of Texas, and District of Colorado; and U.S. Court of Appeals for the Federal Circuit