Harold McElhinny is a trial lawyer who handles complex civil litigation on behalf of some of the world's leading companies, and was recently named one of the most influential lawyers in America.
In 2012, Mr. McElhinny served as lead trial counsel in Apple’s billion-dollar victory over Samsung Electronics in the Northern District of California and in Apple’s victory over Samsung at the U.S. International Trade Commission. In the Northern District of California case, after the judge vacated a portion of the damages and ordered a new trial, Mr. McElhinny led the Apple team in the 2013 patent damages retrial against Samsung, securing $290 million for Apple and bringing the total damages to nearly $930 million.
In previous cases, Mr. McElhinny won $59 million for Pioneer Corporation from Samsung Electronics in a trial in the Eastern District of Texas, $36.3 million for Hansen Medical Company in a trade secret trial in Santa Clara County California Superior Court, and $33 million for SRI Industries in the Northern District of California.
In 2014, Mr. McElhinny defended Target Corp. in its data breach litigation. He has previously defended ADA claims concerning access to physical stores and to websites.
Early in his career, Mr. McElhinny was part of the team that represented Fujitsu against IBM in a landmark copyright case in the 1990s. The resulting settlement helped define rules for protecting, developing, and sharing computer software.
Mr. McElhinny has served as the Managing Partner of the firm, Chair of the firm’s Litigation Department, and Co-Chair of the firm’s Intellectual Property Group. His trial expertise has been recognized by the most distinguished legal organizations in the United States, including the American College of Trial Lawyers, which inducted him as a fellow of the College in 2007. In 2014, Mr. McElhinny was named a “Litigator of the Year” by The American Lawyer, and received a California Lawyer of the Year (CLAY) award from California Lawyer. In 2013, The National Law Journal named Mr. McElhinny to its list of the “100 Most Influential Lawyers in America.” He was named one of the top 10 patent attorneys in the United States in Chambers Global 2016.
While earning his J.D. at the University of California, Berkeley, School of Law, Mr. McElhinny was a contributing author of the law review and was elected to the Order of the Coif.
In 2014, Harold McElhinny was named a “Litigator of the Year” by The American Lawyer, and received a California Lawyer of the Year (CLAY) award from California Lawyer. In 2013, The National Law Journal named Mr. McElhinny to its list of the “100 Most Influential Lawyers in America” and he was named one of the top 10 patent attorneys in the United States in Chambers Global 2016. He was named a “Litigator of the Year” at the 2013 Benchmark Litigation Awards and was recognized by The Recorder as among its top “Attorneys of the Year” for 2012. He is recommended as a leading lawyer by Chambers USA 2016, Legal 500 US 2015-2016, Best Lawyers in America 2016, Euromoney’s Expert Guides, and Super Lawyers 2004–2016. In 2007, Portfolio.com named Mr. McElhinny to its list of the “Top 10 U.S. Patent Litigators,” and he was named a “California Local Litigation Star” in the 2013 and 2014 editions of Benchmark Litigation. He was also named one of the Daily Journal’s “Top 75 Intellectual Property Litigators” in California in 2009, 2010, and 2012–2015, and one of its “100 Top Lawyers” in California in 2009 and 2013.
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