bio-pic-ted-herhold

CONTACT TED

Experience

Mr. Herhold has served as lead counsel on patent infringement and other IP cases for national and international clients such as Apple, Adobe, Oracle, Visa, Cisco, Sony, LeapFrog, Zappos, Huga, Epistar, Novatek, WebEx, Frog Design, Fogarty Engineering, and numerous other technology and life sciences companies. He has practiced law for over 25 years, primarily in the areas of intellectual property, litigation, licensing and other commercial matters. He has substantial trial experience in both federal and state courts throughout the country, and has litigated cases involving a wide range of technologies including computer hardware and software, telecommunications, computer networking, semiconductors, photolithography, medical devices, and other electrical, mechanical and biotechnology patents.

Before joining Singularity, Mr. Herhold was a long-time litigation partner at Townsend and Townsend and Crew LLP, one of the country’s leading intellectual property firms, where he worked at Townsend’s Silicon Valley office from 1993 to 2012 (the firm became Kilpatrick Townsend & Stockton in 2011). He served as the firm’s Litigation Chairman and was also a member of the Recruitment and Compensation Committees. He has been recognized by his peers and was selected by Super Lawyers Magazine as one of the top intellectual property litigators in California and Hawaii (2009-13). From 2012 to 2014, he served as General Counsel for the Sacramento Capitals, a professional sports franchise of the World Team Tennis league started by Billie Jean King. Mr. Herhold is licensed to practice law in California and Hawaii, and is admitted to practice before numerous federal district courts around the country, the Federal Circuit Court of Appeals, the United States Supreme Court and the Ninth Circuit Court of Appeals. He is a long-time member of the Federal Circuit Bar Association and served many years as Judge Pro Tem in the Superior Court for Santa Clara County.

Representative Matters

Patent Infringement

  • Lead counsel in defense of patent infringement action involving electronic security devices and systems.
  • Lead counsel in patent and trademark enforcement action involving accessories used with consumer electronic devices.
  • Lead counsel in patent enforcement action involving smart phones and other consumer electronic devices.
  • Lead counsel in patent and trademark enforcement action involving consumer electronic devices and related products.
  • Lead counsel in defense of patent infringement actions involving computer and networking systems.
  • Lead counsel in defense of patent infringement action involving computer systems and methods for processing text.
  • Lead counsel in defense of patent infringement action involving electronic reading systems.
  • Lead counsel in prosecution of patent inventorship action involving modification of semiconductor wafers and photomasks.
  • Lead counsel in defense of patent infringement action involving light emitting diodes (LEDs).
  • Lead counsel in defense of patent infringement action involving integrated circuits used in flat panel displays.
  • Co-lead counsel in defense of patent infringement action involving web servers and related Internet technology.
  • Lead counsel in prosecution of patent infringement action involving web conferencing and related software systems.
  • Lead counsel in defense of patent declaratory relief action and infringement counterclaims involving electronic signature software.
  • Lead counsel in defense of patent declaratory relief action and infringement counterclaims involving electronic signature software.
  • Lead counsel in defense of patent infringement action involving electronic cataloging systems and methods.
  • Lead counsel in prosecution of patent infringement action involving surgical saw blades.
  • Lead counsel in defense of patent infringement action involving “smart card” technology and networking systems.
  • Lead counsel in defense of patent infringement action involving check presenters.
  • Lead counsel in defense and prosecution of patent infringement action involving spring-assisted folding knives.
  • Lead counsel in prosecution of patent infringement action involving locking mechanisms for combination tools, and follow-on licensing program.
  • Lead counsel in defense of patent infringement action involving IC design migration software.
  • Lead counsel in defense of patent infringement action involving cable connectors.
  • Co-lead counsel in prosecution of patent infringement action involving relational database query engines.
  • Co-lead counsel in defense of patent infringement action involving communication networks.
  • Co-lead counsel in defense of patent infringement action involving medical device and method for closing incisions in blood vessels during vascular surgery.
  • Lead counsel in prosecution of patent infringement action and follow-on patent licensing program involving patents for slider assemblies (read/write heads) used in computer disk drives.
  • Counsel in defense of patent infringement action involving semiconductor process and circuit patents.
  • Counsel in defense of patent infringement action involving semiconductor process and circuit patents.
  • Lead counsel in prosecution of patent infringement action involving hand-held electronic bingo device and system.
  • Co-lead counsel in prosecution of patent infringement action involving faced fiberglass insulation used on aircraft.
  • Lead counsel in prosecution of patent infringement action involving design patent for sound activated animal modification device.

Other Intellectual Property

  • Lead counsel in prosecution of trademark declaratory judgment action seeking to invalidate the mark “Surf City USA” used in conjunction with the sale of goods and services.
  • Lead counsel in prosecution of software copyright infringement action involving computer graphics.
  • Lead counsel in defense of trade secret and antitrust action involving computer memory modules.
  • Lead trial counsel in prosecution of action involving copyright restoration under The Uruguay Round Agreements Act.
  • Lead counsel in prosecution of action for breach of patent royalty agreement and related claims involving automated cardiopulmonary resuscitation devices.
  • Lead counsel in prosecution of trade secret case involving automated molecular pathology staining and imaging systems; worked with federal and local prosecutors in related criminal proceedings.
  • Lead counsel in defense of trade secret and patent infringement action involving wireless eyewear.
  • Lead counsel in prosecution of trademark infringement action involving t-shirt labels.
  • Co-lead counsel in prosecution of software copyright infringement and trade secret action involving computer games.
  • Co-lead counsel in prosecution of software copyright infringement and trade secret action involving computer games.
  • Co-lead counsel in prosecution of trade secret/breach of patent license action involving technology for identifying and analyzing molecules at the protein level (proteomics).
  • Lead counsel in defense of trade secret action involving ownership of patent for transferring a reticle pattern onto a substrate through scanning (photolithography).
  • Co-lead counsel in defense of trade secret action involving stabilized mounts for cameras on helicopters (“gimbals”).
  • Co-lead counsel in prosecution of trade secret action involving inkjet printing technology.
  • Co-lead counsel in prosecution of trade secret action involving ownership of patent for identifying bacteria and determining bacterial susceptibility to antibiotics.

Antitrust and Commercial

  • Lead counsel in prosecution of antitrust/unfair business practices action involving free-standing inserts used in advertising for packaged goods products.
  • Counsel in prosecution of antitrust class action involving claims for unlawful monopolization and business practices in the computer software industry.
  • Counsel in defense of antitrust action involving claims of unlawful tying and monopolization in the computer-assisted car design industry.
  • Co-lead counsel in defense of antitrust action involving claims of unlawful tying and monopolization in the can manufacturing equipment industry.
Education

University of California, Hastings College of the Law

J.D. 1986 (Technical Editor, Hastings Journal of Communications & Entertainment Law)

Stanford University

A.B. 1981. Graduated with Honors.

Admissions

Court Admissions

  • United States Supreme Court
  • US Court of Appeals, Federal Circuit
  • Various Federal District and Appellate Courts nationally

Bar Admissions

  • California
  • Hawaii

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