Sep. 12, 2013
Harold J. McElhinny
See more on Harold J. McElhinnyMorrison & Foerster LLP | San Francisco | Practice Type: Litigation
Since scoring a $1.05 billion jury verdict on behalf of Apple Inc. last summer in the epic smartphone and tablet showdown against Samsung Electronics Co. Ltd. in San Jose, McElhinny has had a bit of a breather from major trials. But the break from battle won't last long - the patent litigator is scheduled for five trials in the next year, starting this November with a retrial in the Apple case to reassess $450 million of the damages from 14 of Samsung's infringing products.
Trials are where McElhinny thrives.
"I'm more drawn to cases that are likely to go to trial," he said. "As between software or biotech, I don't have favorites. What I do is explain these technologies to judges and juries."
Between the two major Apple trials in district court, McElhinny scored a separate victory for Apple against Samsung and its attorneys at Quinn Emanuel Urquhart & Sullivan LLP at the International Trade Commission this year.
Last fall, an administrative law judge determined Samsung violated customs laws on some of Apple's iPhone patents. Last month, the full commission issued a final order upholding much of the judge's order, banning the import of 15 of the South Korea-based company's phones. The president is now reviewing the ban.
McElhinny is also heading to trial this year for patent cases involving technology to identify diamonds and security software.
"The part I like is the strategy," McElhinny said. "No two cases are the same. Honestly, every case is going to involve a patent that involves some technology, but it's always about the history. These cases all tend to turn on specific facts."
- Hadley Robinson
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