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Fred C. Hernandez

Member / Chair, Intellectual Property Prosecution and Counseling Practice

[email protected]

+1.858.314.1518

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Fred focuses on patent prosecution and strategic counseling for clients ranging from Fortune 500 companies to early-stage and emerging growth companies, primarily in the medical device and medical technology fields. He also represents clients in the aerospace and consumer products sectors, and in snow and water sports. Fred has repeatedly been recognized on Managing Intellectual Property’s list of IP Stars and is among IAM's Patent 1000. Fred is Chair of the IP Division's Intellectual Property Prosecution and Strategic Counseling practice and is co-chair of MIATTY, the firm’s minority attorney affinity group.

He specializes in intellectual property protection in the medical device, aerospace, consumer products, and mechanical sectors, including building comprehensive portfolios, developing offensive and defensive competitive strategies, conducting infringement studies, and providing guidance and due diligence for financings and other strategic transactions.

His medical device technical experience involves a variety of ophthalmic, cardiovascular, and endobronchial, interventions as well as various drug delivery and surgical devices.

According to the editors of IAM Magazine in its Patent 1000 publication, Fred Hernandez is “a touchstone lawyer for medical device and medical technology entities. The regularity with which industry leaders snap up the emerging companies whose portfolios he has developed is a telling measure of his quality.”

Before joining the firm, Fred was a principal at an international IP boutique firm. He also worked for the Hughes Aircraft Company, where he gained significant technical experience as a software engineer.

Education

  • University of California - Los Angeles (JD)
  • California State Polytechnic University (BS, Aerospace Engineering)

Experience

  • We are trusted by a high-profile San Diego-based vision-focused medical device incubator with helping to assess and develop the patent strategies of its portfolio companies, and have been key legal counsel in recent successes of its portfolio companies. In 2016 and 2017, two of the incubator's companies were acquired by global corporations.

Recognition & Awards

  • Managing Intellectual Property: Patent star - California (2014 – 2021)
  • Identified in the IAM Patent 1000, a listing of the “World’s Leading Patent Practitioners” (2020 – 2021)
  • San Diego Daily Transcript Top 50 Influential Leaders (2019)
  • LMG Life Sciences Star (2017 – 2019)

Involvement

  • Member, Board of Directors of the Southern Caregivers Resource Center
  • Member, San Diego County Bar Association
  • Member, San Diego La Raza Lawyers
  • Member, South Asian Bar Association of San Diego

Viewpoints

In almost every U.S. patent suit, the patentee’s counsel considers how the case could have been facilitated had the patent at issue been drafted and prosecuted differently. These considerations demonstrate that patents should be drafted and prosecuted with an eye toward the possibility of litigation.
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