Liv Herriot’s practice focuses on intellectual property litigation. Ms. Herriot also advises clients regarding intellectual property strategy and licensing. Ms. Herriot has served clients in the computer software, financial services, telecommunications, microprocessors and other industries. She has litigated at all stages of patent disputes, from the filing of the complaint through trial. Ms. Herriot has been a member of multiple WilmerHale trial teams in federal district courts. She enjoys digging into, mastering and, ultimately, distilling complex technology. She regularly prepares and defends fact and expert depositions. Ms. Herriot has argued summary judgment motions and at multiple Markman hearings.

Ms. Herriot has successfully litigated the largest "bet-the-company" matters. She also has had substantial success handling smaller matters with streamlined case teams to efficiently obtain results. Ms. Herriot is a member of the firm’s Western District of Texas litigation working group.

Ms. Herriot is a member of the firm's Pro Bono Committee and maintains an active pro bono practice. She presented an expert witness and successfully argued in state court for her pro bono client to be resentenced from his prior sentence of 25 years to life under California's Three Strikes Law. She successfully obtained asylum for a client based on her membership in the particular social groups "Mexican women in domestic relationships who are unable to leave" and/or "Mexican women who are viewed as property by virtue of their positions within a domestic relationship." Ms. Herriot has also worked on a Ninth Circuit appeal for a habeas case relating to when the one-year bar to file petitions can be tolled. She has also assisted multiple victims of violent crimes who cooperated with the police with obtaining a u-visa to remain lawfully in the United States. 


  • Recent Highlights

    • Key member of trial team in obtaining jury verdict of no infringement and invalidity with respect to four asserted software patents in US District Court for Western District of Texas. 
    • Represented client in multiple patent infringement actions with favorable results in the US District Court for the Northern District of California and US District Court for the District of Delaware.
    • Obtained dismissal of four-patent infringement complaint because all claimed patent ineligible subject matter under 35 U.S.C. § 101 in the US District Court for the District of Delaware
    • Represented a major cellular handset manufacturer in multiple patent infringement lawsuits involving wireless communications
    • Obtained favorable settlements for multiple clients in the Western District of Texas.


  • Named a 2015–2021 Northern California Super Lawyers "Rising Star" for intellectual property litigation 

Insights & News


  • Education

    • JD, New York University School of Law, 2009

      cum laude Staff Editor, Annual Survey of American Law
    • BA, Political Science, Swarthmore College, 2004

      high honors
    • Harvard Business School Online

      Credential of Readiness (CORe), Business Analytics, Financial Accounting, Economics for Managers, 2015
  • Admissions

    • California



Unless you are an existing client, before communicating with WilmerHale by e-mail (or otherwise), please read the Disclaimer referenced by this link.(The Disclaimer is also accessible from the opening of this website). As noted therein, until you have received from us a written statement that we represent you in a particular manner (an "engagement letter") you should not send to us any confidential information about any such matter. After we have undertaken representation of you concerning a matter, you will be our client, and we may thereafter exchange confidential information freely.

Thank you for your interest in WilmerHale.