People

K. Patrick Herman Of Counsel

New York

Patrick's practice focuses on complex patent and other intellectual property matters. He has represented petitioners and patent owners in dozens of inter partes review proceedings relating to technologies such as automotive safety systems, catalytic materials, engine oil additives, and hard drive and other computer components.  Patrick also prosecutes patents before the USPTO in the chemical and material science fields.

In addition, Patrick has more than a decade of experience representing both plaintiffs and defendants in more traditional patent litigation. He has been involved in all phases of litigation, from developing initial strategy through appeal. Patrick has appeared in intellectual property cases before a variety of different federal district courts, the U.S. Court of Appeals for the Federal Circuit, and the International Trade Commission. Applying his engineering background, he has represented clients in patent infringement litigations involving medical devices, pharmaceuticals, petrochemicals, automotive technologies, consumer electronics, and children’s toys.

Patrick's practice also extends to intellectual property counseling, including rendering opinions relating to patentability, infringement, validity, and freedom-to-operate issues, and the performance of patent diligence.

Yali Hu Senior Associate

Beijing

Yali assists local- and foreign-based multinational companies with all aspects of their intellectual property rights in China, Europe and the United States, including Section 337 U.S. International Trade Commission (ITC) litigation. Yali has extensional experience in patent, trademark, domain name, copyright and trade secret.

Yali’s intellectual property-related services include patent filing and subsequent maintenance affairs for her clients.

Annette Hurst Partner

San Francisco

Annette is an experienced trial lawyer who has tried copyright, trade secret, trademark, patent and business tort claims. As a risk analyst and problem solver with deep proficiency in the software industry, Annette is a go-to counselor and speaker regarding the legal issues surrounding access and use of datasets in the development of machine learning algorithms. She was named “Litigator of the Week” by The American Lawyer for her work as co-lead counsel on the Mattel/MGA case. Chambers USA ranks her in Band 1 for Trademark, Copyright & Trade Secrets, with clients reporting that she is “smart, creative and terrific at oral argument” and “a very well-known authority in copyright law, a great advocate and a great trial lawyer.” Chambers reports: “Clients agree that Annette Hurst is ‘a very powerful and experienced trial lawyer for copyright cases, and a good team leader who is reliable before judges,” and “Peers consider Annette Hurst a ‘remarkably intuitive’ lawyer who ‘brings unique perspectives to soft IP cases.” Since 2018, The Legal 500 has recognized Annette as a “Leading Lawyer” in copyright law, and she was named “Female Litigator of the Year West” by Benchmark Litigation in 2013. Annette has been repeatedly named one of the top 75 IP litigators in California by The Daily Journal.

Annette’s community and professional activities include past service on the Northern District of California Patent Local Rules Committee, President of the Lafayette Elementary School PTA, and past membership on the Board of Directors of the Volunteer Legal Services Program and Board of Directors of the Bar Association of San Francisco for which she was chair of the Finance and Investments Committee. She also is a past member of the Board of Directors of the Legal Aid Society of San Francisco and the Board of Governors of the Association of Business Trial Lawyers, Northern California Chapter, as well as a past president of the Barristers Club.

Sten Jensen Senior Counsel

Washington, D.C.

Sten routinely guides clients such as FUJIFILM and Panasonic through the minefields of the ITC. Sten also has long-standing relationships with attorneys in the ITC’s Office of Unfair Import Investigations, developed when he served on the Executive Committee of the ITC Trial Lawyers' Association. Sten’s credibility with this group, combined with his thorough knowledge of the ITC’s speed and complexity, gives his clients a distinct advantage.

Sten has also represented clients in more than 50 federal patent cases, including cases in the top five venues for patent infringement filings. He has particular experience in Delaware, where he served as a judicial clerk for former District Court Judge Roderick McKelvie. Sten has defended numerous corporations against claims filed by aggressive patent trolls, and his cases have protected a wide range of technologies, including integrated circuits, semiconductors, optical disk drives, digital cameras, printers, and other consumer electronics products.

Sten has frequently lectured on intellectual property issues facing companies in the United States, Japan, and Taiwan. He is widely praised by clients for his dedication, knowledge, and skill in guiding them through discovery, merits, and settlement issues. Sten is listed as a recommended lawyer by The Legal 500 USA for patent litigation, and he is ranked by Chambers USA for IP Litigation with clients commenting that “he gave us great ideas and advice, and negotiated very hard for us.”

Travis Jensen Partner

Silicon Valley

Able to quickly understand complex technology in the litigation context, Travis is particularly well-suited to resolve patent disputes involving semiconductor processes and circuits such as NAND flash memory, microcontrollers, wireless payment technologies, and related areas. After earning advanced degrees in electrical engineering, and before embarking on his legal career, Travis worked at Intel Corp. and co-founded a fabless semiconductor design company.

Travis has used his distinctive skillset to litigate technically complex patent cases to verdict, and obtain favorable settlements for several of the world’s leading technology companies such as Microchip, Synopsys, AT&T, and SanDisk. Travis has successfully first chaired patent and non-patent jury cases to verdict in federal and state court, including while on secondment to the San Francisco District Attorney's Office.  Travis has handled numerous appeals before the Federal Circuit, and, as a registered patent attorney, served as lead and back-up counsel in post-grant proceedings (inter partes review and ex parte reexamination) at the PTO.

Karen G. Johnson-McKewan Senior Counsel

San Francisco

Karen focuses on litigation that crosses the boundaries between traditional legal practices, and therefore requires inventive and strategic approaches. These solutions, tucked in the creases between law and industry, are why leading technology and Fortune 500 companies hire Karen to resolve their most complex litigation matters.

Over the past 36 years, Karen has first-chaired state and federal trials, and arbitrated more than a dozen disputes. She has managed intellectual property and commercial disputes for companies such as Oracle, NVIDIA, Netflix and VMWare.

In addition to her legal background, Karen’s relationship management skills give her clients a significant advantage. She knows how to pull together and lead the best team, from multiple disciplines within Orrick, and often involving multiple law firms. Able to unite what were, and will be, competing firms into a single powerful unit takes a special type of leadership, one which Karen has demonstrated time and again.

Barry Levin Partner

San Francisco; New York

Barry is known in the market as “one of the most accomplished litigators,” “very effective in pursuing compelling themes and tearing down witnesses with polite cross-examination” (2017 Benchmark Litigation), and as "a real seasoned veteran of high-stakes litigation" (2020 Chambers USA). Barry has also been commended by his peers as a "fabulous lawyer" who is "very well regarded and really knows the area" (2016 Chambers USA). 

Barry has broad first chair experience in trial and arbitration, ranging from trial counsel for Johns-Manville Corporation in its coverage litigation involving asbestos-related bodily injury claims to successful domestic and international arbitrations on behalf of financial institutions, hospitals, and hospitality companies.  

Over the past 8 years, Barry has developed extensive experience in issues arising out of the financial crisis, including a range of issues relating to mortgage backed securities and lending practices.

He is a frequent lecturer in the area of litigation, insurance coverage and law firm management. Prior to joining Orrick, Barry was a shareholder at Heller Ehrman LLP.

John Lu Partner

Los Angeles

Primary Focus & Experience

Dr. Lu’s practice focuses on patent, trade secrets, and life sciences litigation. He has represented clients in matters involving patent infringement, U.S.-China trade secret misappropriation, biosimilars, ANDA litigation, and licensing disputes. He also represents clients in connection with proceedings before the Patent Trial and Appeal Board. His clients have included Genentech, Tris Pharma, Rosenberger, and Natera.

Recognition & Accomplishments

Dr. Lu has been on the editorial advisory board for Law360 Life Science publications and was named to Benchmark Litigation’s “40 and Under Hot List,” which honors the achievements of the nation’s most accomplished litigators under 40. He was also named to the Southern California Rising Stars list by Super Lawyers.

Dr. Lu has authored a number of publications, including: “Thryv: opposing policies in the Supreme Court,” World Intellectual Property Review (June 5, 2020); “The Growth of Online Universities: How to Solve the Accreditation Dilemma, Protect Students, and Expand Access to Higher Education,” a chapter in “Education and Social Media: Toward a Digital Future,” MIT Press (2016); “Senate Gridlock Causes En Banc Uncertainty,” and “Intellectual Property Special Report,” The Recorder (July 15, 2013); and “Promotion and Market Share in the Proton Pump Inhibitor Market: A Case Study,” Journal of Pharmaceutical Marketing & Management, Volume 17, Issue 3, 39-59 (2007).

Dr. Lu is the chair of the board of directors for Asian Pacific American Dispute Resolution Center (APADRC), a nonprofit organization. He was also a Fellow of the Leadership Council on Legal Diversity.

Prior to private practice, Dr. Lu was a law clerk to the Honorable William Alsup of the U.S. District Court for the Northern District of California.

Dr. Lu received his J.D. from Yale Law School, where he was Notes Editor of the Yale Law Journal and Executive Editor of the Yale Journal of Law & Technology. While in law school, he was an extern for the Honorable John T. Noonan of the U.S. Court of Appeals for the Ninth Circuit, and an intern for the U.S. Attorney’s Office for the District of Connecticut.

Prior to law school, Dr. Lu earned his Doctor of Pharmacy, with highest distinction, from the University of North Carolina, and worked in pharmaceutical marketing.

Dr. Lu is conversant in Mandarin Chinese.

Yufeng (Ethan) Ma Partner

Beijing; Chicago

In addition to specializing in complex IP litigation relating to patent infringement, ITC 337 investigations, trade secrets misappropriation and unfair competition, Ethan has extensive experience advising clients on IP administrative disputes and reexamination, IP strategies, IP due diligence, and IP aspects of strategic transactions, including licensing or transfer, mergers and acquisitions, joint ventures and collaborations. His clients cover a wide range of industries, including medical devices, hardwares, softwares, internet, semiconductors, electronics, telecommunications, AI, automobile, chemical, materials, energy, etc. His recent clients include Baidu, Tencent, SMIC, JD.com, Micro-Tech, Vivo, Coolpad, Anker, OnePlus, Govee, LANHE, Lovense, Zhejiang Rongpeng, Sansi Electronic Engineering, Yaham Optoelectronics, CreateLED Electronics, Howshow Technology, Huayi Mechanical and Electrical, INFiLED Electronics, Applied Materials, Synopsys, Coilcaft, Hecate, etc.

Over the years, Ethan has represented dozens of Chinese companies in resolving their IP disputes in the U.S. Ethan and his litigation teams won a number of high-profile ITC investigations involving Chinese companies and earned clients’ long-term trust. In one investigation (337-TA-623), his clients are four subsidiaries of a large state-owned company in China, who were sued for patent infringement. The Commission reversed the late Chief Administrative Law Judge’s unfavorable decision and found that Ethan’s clients were not infringing and did not violate Section 337. In another investigation (337-TA-655), he represented the complainant and its subsidiaries in China suing a group of Chinese respondents for trade secret misappropriation. The ITC issued a 10-year exclusion order against these respondents. This landmark decision represents a new development of trade secret law and ITC jurisdiction in the U.S., and was upheld by the US Court of Appeals for the Federal Circuit. Since then, Ethan has won case after case on behalf of his clients. He is also committed to resolving disputes in the most cost-effective and timely way. “Ethan always tries to resolve matters for clients at the lowest cost possible,” said a client who won a case as he recommended Ethan to his peers.

For instance, in 2017, Ethan successfully defended Shenzhen Howshow Technology against Kent Displays, Inc. in an ITC 337 investigation (337-TA-1035) involving alleged infringement of patents relating to liquid crystal e-writers and components. Orrick secured a complete victory for the client by forcing the complainant to unconditionally withdraw after four months of active litigation. The case was named “Deal of the Year 2017 – Disputes and Investigations” by China Business Law Journal.

In another case, Ethan successfully defended Sansi Electronic Engineering, CreateLED Electronics, Yaham Optoelectronics. and other Chinese respondents against Ultravision Technologies in an ITC Section 337 investigation (337-TA-1114) filed on 27 March 2018 involving alleged infringement of patents relating to certain modular LED display panels and components. The complainant was forced to withdraw the complaint unconditionally during the expert discovery period in November 2018, which led to a final termination by the ITC on 21 February 2019.

Prior to joining Orrick, Ethan served as Director of IP, Asia of a world leader in specialty glass and ceramics, where he was in charge of the company’s daily IP matters in China and throughout Asia. Before that, he was a partner and member of the Board at McAndrews, Held & Malloy in Chicago, Illinois. Ethan was the first non-US born lawyer of that firm.

In the past 20 years, Ethan has been committed to building bridges and facilitating understanding between China and the US on IP protection and exchange. In addition to being a frequent speaker at various seminars and conferences in China and the US, Ethan regularly publishes articles and has been interviewed by numerous media. He served as a committee member of the Asian Legal Committee of Intellectual Property Owners Association (IPO) for many years.

Ethan is also actively involved in the “One Belt One Road” and “Going Out” initiatives led by the PRC government and non-profit organizations. He participated in Shanghai Municipal Commission of Commerce’s “Going Overseas Service Portal” project, and acts as an expert of Shenzhen Overseas IP Protection and Assistance Expert Pool, a special advisor to Wisdom IP - Overseas Intellectual Property Alliance (WIPA), Nanjing, Jiangsu, an expert in Nanjing Overseas IP Think Tank, Zehjiang Dongyang IP Think Tank, Shanghai International Economic and Trade IP Protection Overseas Expert Pool, and one of the first batch experts in Shanghai Overseas IP Disputes Resolution Expert Pool.

Richard F. Martinelli

New York

He has litigated patents at trial, before the ITC, and on appeal to the U.S. Court of Appeals for the Federal Circuit. Rich has counseled clients and rendered opinions on patent validity, infringement and freedom to use. He is a registered patent attorney with experience drafting patents and practicing before the U.S. Patent and Trademark Office.

Rich’s patent work has involved a wide range of technologies including image processing, 3d graphics, audio / video compression, computer hardware and software, e-commerce, network technologies, digital rights management and encryption.

Rich also helps companies address the novel litigation and transactional IP issues that arise when developing and working with AI and is a frequent lecturer on these topics.

Benedikt Migdal Partner

Düsseldorf

Benedikt advises on structuring and negotiating the IP aspects of corporate transactions, including M&A, divestments and venture investments as well as of commercial transactions where intellectual property rights and know-how are key assets. His work encompasses, for example, IP licensing and technology transfer agreements, engineering services agreements, transition services agreements, R&D collaborations, and IP aspects of contracts throughout the life sciences sector.

Benedikt is also an experienced patent and trade secret litigator and has represented German and international clients from a range of industries in complex disputes, especially concerning patents and know-how in the fields of mobile telecommunication/connectivity and the life sciences.

Based on his extensive experience in both IP transactions and litigation, he deeply understands the full range of legal and economical issues that technology-driven companies are challenged with in context with IP. This also includes IP-related competition law issues, such as FRAND-requirements for licensing and enforcing standard essential patents as well as issues arising in connection with EU regulations concerning technology transfers.

Tyler Miller Senior Associate

New York

Tyler has represented clients in the federal district courts, before the United States Court of Appeals for the Federal Circuit and at the United States Patent and Trademark Office in IPR and CBM matters.  He has experience in matters involving a wide range of technologies, including software, consumer electronics and biotechnology.