People

Tobias W. Mock

Counsel

Mock, Tobias W.

Toby Mock's practice focuses on intellectual property litigation, with an emphasis on patent infringement disputes. He has represented clients in numerous federal district courts and at the International Trade Commission in all aspects and phases of patent litigation from pre-suit investigations through trial. Mr. Mock's patent litigation experience spans various industries and technologies including consumer electronics, software, hardware, cellular communications and materials science.

Mr. Mock also has experience handling various contract and general business disputes, and has counseled clients in connection with criminal and civil investigations undertaken by the US government. He has argued motions and appeals at the United States District Court for the Northern District of California and the Ninth Circuit Court of Appeals.

Honors & Awards

  • Named in the 2014-2017 editions of Northern California Super Lawyers as a "Rising Star" for his intellectual property practice

Publications & News

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May 1, 2014

U.S. Supreme Court Relaxes Standard and Confers Discretion to District Courts Over Awarding Attorney’s Fees in Patent Suits

In two unanimous decisions by Justice Sotomayor, the Supreme Court recently overturned the Federal Circuit’s decade-old framework for awarding attorney’s fees in patent cases, seemingly rendering the prospect of recovering such fees going forward far more likely.

October 1, 2013

In Review: The America Invents Act One Year Later

An article written by Evelyn Mak and Toby Mock, published in the October 1, 2013 edition of the Daily Journal.

July 24, 2012

WilmerHale Achieves Significant Victory for Client MediaTek in ITC Action

In a US International Trade Commission (ITC) action brought against client MediaTek Inc, Asia's largest fabless semiconductor company, a WilmerHale trial team secured a significant victory.

January 1, 2009

Comment: The TSA's New X-Ray Vision: The Fourth Amendment Implications of "Body-Scan" Searches at Domestic Airport Security Checkpoints

Written by Tobias W. Mock, published in 49 Santa Clara L. Rev. 213 (2009).

Recent Highlights

  • Represented a major cellular handset manufacturer in a patent infringement lawsuit in the Northern District of California involving wireless network technology (Civil Action No. 3:15-cv-000154-JD)
  • Represented the plaintiff, a major image processing company, in a contract dispute in the Southern District of New York relating to unpaid patent license royalties (Civil Action No. 1:11-cv-06036-DLC)
  • Represented the defendant and counterclaimant in a patent infringement suit involving electrochromic glass technology (Civil Action No. 12-cv-06441-JST)
  • Represented the Respondent, a major integrated circuit company, in a Section 337 investigation before the International Trade Commission, resulting in Initial and Commission Determinations of no violation on three alternative grounds: no domestic industry, invalidity, and non-infringement (USITC Inv. No. 337-TA-786)
  • Represented a leading computer software company in a multi-patent infringement suit in the Eastern District of Texas involving supply chain management and data warehousing

Practices

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Education

JD, Santa Clara University School of Law, 2009, Technical Editor, Santa Clara Law Review

BS, cum laude, Boston University, 2004

Bar Admissions

California

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