Liv Herriot


Herriot, Liv

Liv Herriot focuses her practice on patent litigation. She has worked on matters involving a diverse array of technologies, including wireless communications, microprocessors, acoustics and computer software. Ms. Herriot has substantial experience relating to standard essential patents and standard setting organizations. 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.

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. 

During law school, Ms. Herriot completed an internship for the United Nations High Commissioner for Human Rights. She also worked in the New York University Immigrant Rights Clinic, where she worked on a second circuit appeal of an immigration deportation case.  

Recent Highlights

  • Represented a major cellular handset manufacturer in multiple patent infringement lawsuits involving wireless communications
  • Representing defendant, a leading computer, mobile device and media player company, in a patent infringement action involving two patents relating to speaker design
  • Representing defendant, a leading semiconductor company, in multiple patent infringement lawsuits

Honors & Awards

  • Named a 2015-2017 Northern California Super Lawyers "Rising Star" for intellectual property litigation 

Publications & News


August 7, 2017

The Use of Applicant Admitted Prior Art in IPR Petitions

In this article published by Bloomberg BNA's Patent, Trademark & Copyright Journal,  Don Steinberg, Yung-Hoon Ha and Liv Herriot explore how the Patent Trial and Appeals Board has considered Applicant Admitted Prior Art (AAPA) when a petitioner has relied upon it as part of one or more of its grounds in its IPR petition requesting the Board invalidate a patent. The authors provide recommendations for both petitioners and patent owners based on how the Board has decided on this issue.

December 13, 2016

Civil Rights Groups Sue Caltrans to Stop Illegal Raids Against California's Homeless

According to a lawsuit filed today by civil rights groups, the California Department of Transportation is violating the constitutional rights of homeless people by confiscating and destroying their property in ongoing sweeps.

March 11, 2014

WilmerHale Again Named to Daily Journal’s “Top Verdicts” List

For the second consecutive year, the Daily Journal included WilmerHale in its "Top Verdicts" list, an annual list that recaps California's most significant verdicts over the past 12 months.

Community Involvement

Ms. Herriot previously volunteered at Catholic Charities of Newark assisting with immigration law matters, where she made multiple court appearances and presented a witness.


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JD, cum laude, New York University School of Law, 2009, Staff Editor, Annual Survey of American Law

BA, Political Science, high honors, Swarthmore College, 2004

HBX | Harvard Business School, Credential of Readiness (CORe), Business Analytics, Financial Accounting, Economics for Managers, 2015

Bar Admissions


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