I realize we got an extraordinary result and am grateful for your great work. Great lawyers—you—change the game and create value.
—Mike Garrett, General Counsel, HM Electronics, Inc.

Proactive rather than reactive litigation strategy. Anticipates hurdles and develops solutions to overcome them. Staunch advocate who perseveres in the face of adversity to reach the client's ultimate goal.

Michelle Herrera represents clients in complex intellectual property disputes across various industries, including wireless communications, software design and development, new drug applications and popular arts. As a former law clerk to a Federal Judge, Michelle has an intricate understanding of Federal law and procedure, and she fights tenaciously to protect her clients' intellectual property rights.

Representative Experience

  • Represented Cuker Interactive LLC in a “David and Goliath” trade secret dispute involving website development for Wal-Mart Stores Inc. An Arkansas jury found that Wal-Mart misappropriated trade secrets, awarding more than $12 million in damages.
  • Represented HM Electronics, Inc. in a hotly contested trademark infringement lawsuit. Obtained a severe sanctions order against the defendant for rampant discovery abuse. Case settled on eve of trial on exceptional favorable terms.
  • Defended ZTE in several patent infringement lawsuits seeking millions of dollars in damages. Through tenacity and aggressive defense tactics, obtained walk away dismissals of all lawsuits.

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  • Defended Joyetech USA, Inc. in patent infringement lawsuit. Worked tirelessly to defeat an early motion for preliminary injunction, which led to a settlement on exceptionally favorable terms.

Professional Highlights

  • Former Law Clerk to the Hon. James F. Stiven, Magistrate Judge, United States District Court for the Southern District of California
  • Chair of the Government Affairs Committee for the Carlsbad Chamber of Commerce
  • Received the 2015 Chairperson of the Year Award and the 2015 Committee of the Year Award.

Education

  • J.D., University of San Diego School of Law
    cum laude, Order of the Coif

    B.A., Political Science, University of California, San Diego

Admissions

  • California