Mike Hendershot is a trial lawyer who has focused on patent and technology litigation for nearly two decades. He has delivered successful trial results in venues across the country, including jury wins in the Eastern District of Texas and the District of Delaware. He also has considerable experience developing and leading strategies that leverage Patent Office challenges to drive litigation results, including ex parte reexaminations, public protests, inter partes reviews, and covered business method challenges.
Mike has advised clients on their most complex and challenging IP matters through trial and appeal, with hundreds of millions of dollars commonly at stake. Clients have commended his strategic creativity and clear communications and guidance in driving successful results. Prior to joining Jones Day in 2018, he represented eBay from trial through its landmark victory before the Supreme Court in eBay v. MercExchange.
Mike has advised industry leaders across a variety of technical fields, including voice recognition, mobile devices/networking, computer hardware/software, wearable devices, semiconductor processing, e-commerce, digital broadcasting/wireless networking, chemical manufacturing processes, medical implants, photonics, and health care.
Mike frequently speaks and publishes on topics relating to patent and technology litigation. He was an invited speaker in 2015 and 2016 at the Advanced Patent Law Institute: Silicon Valley hosted by The Berkeley Center for Law & Technology and The Stanford Program in Law, Science & Technology.
Mike serves on the board of governors of the Association of Business Trial Lawyers (Northern California) and is a member of the Intellectual Property Owners' Association, PTAB Bar Association, American Intellectual Property Law Association, and ABA.
The following represents experience acquired prior to joining Jones Day.
Lead counsel in successfully defending three leading mobile phone manufacturers against multiple speech recognition patents in the District of Delaware, winning judgment of invalidity and disposing of the actions without discovery.
Lead counsel in successfully defending three leading mobile phone manufacturers against patent claims related to mobile search in the Southern District of California and in related Patent Office proceedings, winning judgment of invalidity of all claims on the pleadings and disposing of the actions without discovery.
Lead counsel in challenges to nearly 60 patents and more than 1,000 claims on behalf of a financial services company in the District of Delaware.
Represented an international conglomerate throughout a multibillion dollar trade secret litigation involving civil claims with more than 100 trade secrets and parallel federal criminal charges. All matters were globally resolved following an eight-week jury trial in the Eastern District of Virginia and successful appeal.
Successfully defended IBM against patent and trade secret lawsuits in the Northern District of California, including obtaining accelerated discovery of a plaintiff that resulted in an early victory on summary judgment.
Represented a leading fitness wearable manufacturer in a series of inter partes reviews resulting in the invalidation of a competitor's patents.
Lead counsel for a data storage company in defending against multiple data compression patents in the District of Delaware.
Represented a leading mobile electronics company in defending against a speech recognition patent in the Northern District of California.
Represented a leading network security company in defending a six-patent case in the Northern District of Texas.
Lead counsel for a network infrastructure company. Developed an inequitable conduct defense pre-suit and the plaintiff walked away from his client and instead proceeded to sue a number of its competitors.
Lead counsel for a dental implant company. Developed novel arguments for noninfringement and sanctions and negotiated a walk-away settlement.
Won a sweeping jury verdict in the Eastern District of Texas for Sun Microsystems on all claims, including patent infringement, trade secret misappropriation, breach of contract, interference with contract, and unfair competition.
Won a jury verdict of infringement for McKesson Corp. in the District of Delaware on a patent involving medical claims auditing software.
Defended eBay in patent litigation in the U.S. Supreme Court, the U.S. Court of Appeals for the Federal Circuit, and the Eastern District of Virginia, resulting in the Supreme Court's landmark decision in eBay's favor that injunctions should not be presumed in patent cases (eBay Inc. v. MercExchange, 126 S. Ct. 1837 (2006)).
- University of Virginia (J.D. 2000; Order of the Coif); University of Southern California (B.S. cum laude 1997)
- California; U.S. District Courts for the Northern, Central, and Southern Districts of California and Northern District of Texas and District of Nebraska; and U.S. Courts of Appeals for the Federal and Ninth Circuits