Michael C.Hendershot

Partner

Silicon Valley + 1.650.739.3940

Mike Hendershot is a trial lawyer who has focused on patent and trade secret litigation for two decades. He has been recognized as one of California's "Top Intellectual Property Lawyers" and has delivered results across the country, including jury wins in the Eastern District of Texas and Delaware. Throughout his career, Mike has advised industry leaders on their most challenging IP matters, such as representing eBay from trial through its landmark Supreme Court victory in eBay v. MercExchange.

Leveraging a broad-based technical background in biomedical engineering, Mike has a track record of marshaling complex technologies for judges and jurors in a way that is not only clear and approachable but also ties into winning case themes. Judges, clients, and opposing counsel have commended this skill, and in-house counsel have described Mike's likability with jurors as "off the charts."

Clients commend Mike's strategic creativity, responsiveness, and clear guidance in driving results. He has handled cases for industry leaders, often with hundreds of millions to billions at stake, involving a range of technologies, including voice recognition, cell therapy, AI, mobile/wireless, data storage, semiconductors, video compression, e-commerce/fintech, chemical manufacturing, and photonics.

Mike frequently speaks and publishes on IP topics. He has given many presentations at the Berkeley-Stanford Advanced Patent Law Institute and coauthored a strategy guide that was one of IPLaw360's 10 most read guest features of 2019.

Mike served on the board of governors of the Association of Business Trial Lawyers (NorCal) and is a member of the PTAB Bar Association. He has served as a pro bono advisor to The Jazz & Democracy Project for more than a decade.

Experience

  • Cohesity disposes of six-patent litigation brought by adverse competitor CommvaultJones Day successfully represented Cohesity Inc. ("Cohesity") and obtained dismissal in a six-patent, competitor suit filed by Commvault Systems in April 21, 2020.
  • Google invalidates three patents in IPRs asserted against Google AssistantJones Day successfully represented Google LLC ("Google"), invalidating three patents owned by Sovereign Peak Ventures, LLC ("SPV").
  • NXP litigates against competitor in an 18-patent suit directed to RFID technologyJones Day is representing NXP USA Inc. in a patent infringement lawsuit against its competitor Impinj, Inc. in the Western District of Texas.
  • Google defends patent infringement allegations over its Chromecast and Cast technologyJones Day is defending Google LLC in patent litigation brought by Touchstream Technologies, Inc. d/b/a Shodogg in the Western District of Texas.
  • NXP sues Impinj for infringing six patents relating to RFID and wafer-layout technologyJones Day is representing NXP USA, Inc. and NXP B.V. in their enforcement of six radio frequency identification ("RFID") and wafer-layout patents against Impinj, Inc.
  • NXP whittles down competitor's infringement suit involving RFID technology from 26 to four patentsJones Day is defending NXP USA, Inc. in a lawsuit brought by its competitor Impinj, Inc. alleging infringement of 26 patents relating to different aspects of radio frequency identification ("RFID") technology.
  • Motorola, LG, and Samsung obtain dismissal of patent infringement lawsuit relating to smartphone navigation appsJones Day represented Motorola Mobility, LG Electronics (and related entities), and Samsung Electronics America (and related entities) in three separate patent infringement actions brought by NavBlazer LLC involving various traffic map and navigation applications used on smartphones.
  • Google defends patent infringement lawsuits brought by Uniloc relating to Chromecast productsJones Day is defending Google LLC against patent infringement allegations in three lawsuits brought in the Eastern District of Texas by Uniloc 2017 LLC relating to Google's Chromecast products.
  • Twilio invalidates all asserted patent claims and obtains dismissal in the District of Delaware's first telephonic "Section 101 Day"Jones Day successfully defended Twilio Inc. against patent infringement claims brought by Pivital IP in the District of Delaware, invalidating all asserted claims and obtaining a complete dismissal with prejudice.
  • Google defends patent infringement lawsuits brought by Uniloc relating to YouTube TV and Google Play productsJones Day is defending Google LLC against patent infringement allegations in three lawsuits brought in the Eastern District of Texas by Uniloc 2017 LLC relating to Google’s YouTube TV and Google Play products.
  • Google, YouTube defend ten-patent lawsuit relating to video encoding and processing techniquesJones Day defended Google LLC and YouTube LLC in a ten-patent case filed by Dynamic Data Technologies, LLC.
  • NXP files 16 IPR petitions challenging claims of 14 Impinj RFID patentsJones Day is representing NXP USA, Inc. in 16 petitions for inter partes review (IPR) and post grant review (PGR) at the United States Patent Office's Patent Trial and Appeal Board.
  • Google invalidates 177 patent infringement claims relating to voice assistant technologyJones Day successfully defended Google LLC against patent infringement claims in a case relating to early research by SRI that allegedly led to the Siri voice assistant.
  • 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)).

    Speaking Engagements

    • December 2019
      "International Litigation Strategy & Coordination" -- Berkeley-Stanford Advanced Patent Law Institute
    • January 2019
      "2018 Patent Law Year in Review" -- Jones Day University
    • December 2016
      "Post-Halo: Defending Against Allegations of Willful Infringement" -- Berkeley-Stanford Advanced Patent Law Institute
    • December 2015
      "Drafting and Attacking Pleadings Under the New Standards" -- Berkeley-Stanford Advanced Patent Law Institute