Michael C.Hendershot

Partner

Silicon Valley + 1.650.739.3940

Mike Hendershot is an accomplished first-chair trial lawyer recognized repeatedly by the Daily Journal as one of California's Top IP Lawyers and IP Lawyer of the Year by The Recorder at the 2024 California Legal Awards. Mike has focused on IP litigation for 25 years and has been at the heart of some of the world's most significant IP matters throughout his career, including representing eBay from trial through its landmark Supreme Court victory in eBay v. MercExchange.

In-house counsel have described Mike's "likability with jurors" as "off the charts" and one prominent trial judge recently observed:

I have done this now for a long time. I've done a lot of these trials, and that was one of the most enjoyable examinations I've gotten to sit through. It was really a pleasure to be here today. I thought it was just terrific ... I wish we could still broadcast these trials. I think a lot of people could have learned how to be a lawyer if they'd listened this morning.

Mike leverages his broad background in biomedical engineering to advise industry leaders across a range of technologies, from biotech to semiconductors. Clients commend Mike's creativity, responsiveness, and clear guidance in driving results in cases with hundreds of millions to billions of dollars often at stake.

Mike frequently presents on IP topics, including presentations at the Berkeley-Stanford Advanced Patent Law Institute and a Patent Trial and Appeal Board (PTAB) strategy guide that was among IP Law360's most read features.

Mike has served as a pro bono advisor to The Jazz & Democracy Project for 15 years.

Experience

  • NXP defends multi-jurisdiction patent infringement suits involving RFID technologyJones Day represented NXP USA Inc. against a competitor in a global patent infringement dispute involving more than 50 patents.
  • NXP litigates against competitor in 18-patent suit directed to RFID technologyJones Day represented NXP USA Inc. and NXP Semiconductors Netherlands B.V. in a patent infringement lawsuit against its competitor Impinj, Inc. in the Western District of Texas.
  • NXP Netherlands defends patent infringement claims in Western District of TexasJones Day defended NXP Semiconductors Netherlands B.V. in a patent infringement lawsuit brought by its competitor Impinj, Inc. in the Western District of Texas.
  • NXP sues Impinj for infringing patents relating to RFID technologyJones Day represented 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 defended 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.
  • NXP challenges competitor's 14 RFID patents at PTABJones Day represented petitioner NXP USA, Inc. in several inter partes review (IPR) and post grant review (PGR) proceedings at the United States Patent Office's Patent Trial and Appeal Board (PTAB).
  • 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").
  • 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.
  • 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.
  • 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)).

    Additional Speaking Engagements

    • January 2024
      2023 Supreme Court IP Year in Review, Jones Day University
    • December 2023
      Trends in Divided & Joint Infringement, Berkeley-Stanford Advanced Patent Law Institute
    • January 2023
      2022 Patent Law Year in Review, Jones Day University
    • January 2022
      2021 Patent Law Year in Review, Jones Day University
    • 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