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Henry C. Su

Henry C. Su
1950 University Avenue, 4th Floor
East Palo Alto, CA 94303

+1 650.798.3528
+1 650.798.3600 (Fax)



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 Partner

Henry Su has a trial and appellate practice that focuses on disputes involving intellectual property and antitrust claims. As an advocate and strategist for his clients, he favors a practical, results-oriented approach to litigation and alternative dispute resolution. He delivers superior value to his client relationships in three principal ways:

Substantive legal expertise – Mr. Su brings deep expertise and experience in both intellectual property law and antitrust law, and in particular, the interplay between these two fields of law. A recognized thought leader, he speaks and writes frequently on topics in both fields.

Business and technology savvy – Based in Silicon Valley and San Francisco, Mr. Su represents primarily high technology and life sciences companies, both domestic and foreign. In connection with each representation, he takes the time and care to become conversant with the business considerations and the technology that underlie and drive each dispute.

Broad litigation skills base – Before moving to California, Mr. Su practiced for a number of years in Virginia, where he developed and honed his litigation skills handling a broad range of cases in the "rocket docket" of the Eastern District of Virginia. His experience in this forum extends not only to civil cases but also to criminal cases through appointments under the Criminal Justice Act, which he regularly accepted for over eight years and tried a number of them to a jury.


Mr. Su has been named a Northern California Super Lawyer by the Daily Journal in intellectual property litigation in 2004, 2006, 2007 and 2008. In addition, he was recently elected as a Fellow of the American Bar Foundation by its Board of Directors.

"For cases involving intellectual property and antitrust issues, Howrey offers counsel who are not only stand-up trial lawyers but also subject matter experts—people who know how to build a winning case with facts, arguments and theories that find support in the law and economics. This is critical because to get to trial (or to have a strong hand in settlement), a client’s case has to withstand the test of pleading, summary judgment and evidentiary motions."

Representative Highlights

  • NCR Corp. v. Palm Inc. and Handspring, Inc. Defended Handspring, a pioneering manufacturer of personal digital assistants, in a patent infringement action in the District of Delaware involving patents that purportedly covered PDAs; obtained summary judgment of noninfringement for Handspring, which was subsequently affirmed on appeal by the Federal Circuit. District of Delaware. Judges: District Judges Roderick McKelvie and Kent Jordan; Magistrate Judge Mary Pat Thynge.
  • CollegeNET, Inc. v. XAP Corp. Defended XAP Corporation, a developer of higher education web portals, on claims of patent infringement (business process patents relating to the use of online forms and databases) and Lanham Act false advertising made by a competitor in the District of Oregon; succeeded in forcing plaintiff to plead with particularity its false advertising claims in accordance with Rule 9(b) of the Federal Rules of Civil Procedure, so as to better posture these claims for early dismissal on a motion to dismiss or a motion for summary judgment. District of Oregon. Judge: Magistrate Judge Dennis Hubel and District Judge Anna Brown.
  • Overlap, Inc. v. Maxfunds.com Inc., et al. Defended Intuit, a major developer of investment and financial software, in a patent infringement action in the District of Kansas involving a financial software patent; uncovered compelling on-sale bar evidence that persuaded plaintiff to voluntarily dismiss its case before Intuit had to answer. District of Kansas. Judges: District Judge Kathryn Vratil and Magistrate Judge James O’Hara.
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Admissions

  • California
  • District of Columbia
  • Virginia

Courts & Adjudicative Bodies

  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the Western District of Virginia
  • United States District Court for the District of Columbia
  • United States Court of Appeals for the Fourth Circuit
  • United States Patent and Trademark Office
  • United States Court of Federal Claims
  • United States Court of Appeals for the Federal Circuit
  • United States District Court for the Eastern District of Virginia
  • United States District Court for the Southern District of California
  • United States District Court for the Eastern District of California
  • United States Court of Appeals for Veterans Claims
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the Northern District of California
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Central District of California

Education

  • Yale University (BS, Biology, 1987) cum laude
  • University of Virginia School of Law (JD, 1990)