Annette L. Hurst, a member of Orrick’s Board of Directors and a partner in the San Francisco office, practices in the Intellectual Property Group.

Annette is an experienced trial lawyer who has tried patent, copyright, trade secret, trademark and business tort claims. She was named “Litigator of the Week” by The American Lawyer for her work as co-lead counsel on the Mattel/MGA case. Chambers USA ranks her Band 1 for Trademark, Copyright & Trade Secrets in California, with clients reporting that she is “smart, creative and terrific at oral argument.”  Chambers Global reports: “Peers consider Annette Hurst a ‘remarkably intuitive’ lawyer who ‘brings unique perspectives to soft IP cases.” Every year since 2010, Annette has been named one of the top 75 IP litigators in California by The Daily Journal. In January 2013, she was named “Female Litigator of the Year West” by Benchmark Litigation.

Annette’s community and professional activities include her service as the President of the Lafayette Elementary School PTA, past membership on the Board of Directors of the Volunteer Legal Services Program and Board of Directors of the Bar Association of San Francisco for which she was chair of the Finance and Investments Committee. She also is a past member of the Board of Directors of the Legal Aid Society of San Francisco and the Board of Governors of the Association of Business Trial Lawyers, Northern California Chapter, as well as a past president of the Barristers Club.

  • Annette's published decisions include the following:

    • Kirtsaeng v. John Wiley & Sons, Inc., 133 S.Ct. 1351 (2013) (on the brief)
    • Oracle America, Inc. v. Google, Inc., 750 F.3d 1339 (Fed. Cir. 2014) (on the brief)
    • Fox Broadcasting Co. v. Dish Network LLC, 747 F.3d 1060 (9th Cir. 2013) (on the brief)
    • Fox Broadcasting Co. v. Dish Network LLC, 905 F. Supp. 2d 1099 (C.D. Cal. 2012) (argued)
    • Mattel v. MGA Entertainment, 616 F.3d 904 (9th Cir. 2010) (successful reversal of injunction against MGA) (on the brief).
    • Mattel v. Walking Mtn. Prods., 353 F.3d 792 (9th Cir. 2003) (argued for appellee and cross-appellant) (successful affirmance of summary judgment of fair use of copyright and trademark; successful reversal on cross-appeal from denial of attorneys’ fee award).
    • DVD Copy Control Ass’n, Inc., v. Bunner, 31 CAl.4th 864 (2003) (brief amicus curiae of IEEE-USA).
    • Sony v. Connectix, 203 F.3d 596 (9th Cir. 2000) (brief amicus curiae of IEEE-USA).
    • Catchpole v. Brannon, 36 Cal.App.4th 237 (1995) (argued for appellant) (successful reversal of defense verdict in sexual harassment case on the ground of gender bias of the trial judge).

    Annette’s recent notable engagements include the following:

    • Fox Networks v. DISH (C.D.Cal.). After beating back two preliminary injunction motions, Annette successfully argued summary judgment on copyright claims brought by Fox against the award-winning Hopper DVR and its Sling, PrimeTime Anytime and AutoHop features.
    • Kirtsaeng v. Wiley & Sons (U.S.). Annette Hurst served as co-counsel and architect of the copyright strategy used to secure a 6-3 vote in favor of Orrick client Supap Kirtsaeng. The Court held that the doctrine of first sale under U.S. copyright law, which allows for legally acquired copyrighted works to be resold by their owners, applies to works made overseas. This ruling has broad implications for an estimated US$60 billion in copyrighted goods manufactured abroad.
    • Brocade Networks v. A10 (C.D.Cal.). Annette second-chaired the trial team that secured a $112M jury verdict in August 2012 in this patent, copyright, trade secret and business torts case.
    • MGA v. Mattel (C.D. Cal.). Annette led the team that made a successful turnaround of this copyright, trademark, trade secret and business torts case resulting in an affirmative judgment of $309 million against Mattel in 2011 and the largest ever award of fees to a defendant in copyright litigation.
    • Oracle v. Google (Fed. Cir.). Annette Hurst is on the brief for Oracle on this high stakes copyright appeal.
    • SLB Toys USA, Inc., v. Wham-O (C.D. Cal.). Annette obtained a $6 million jury verdict for counter-claimant Wham-O on trademark infringement, dilution and false advertising claims, with enhancement for willful infringement and an additional $1.7 million attorneys’ fee award.
    • Sky Technologies v. Ariba (D. Mass.). Annette obtained a great settlement for Ariba after two weeks of jury trial in this software patent infringement case.

    Other notable representations include the following:

    • Pharmavite v. Del Monte Fresh Produce, Annette represented Pharmavite in protecting its flagship brand NATURE MADE in a successfully settled trademark infringement case against Fresh Del Monte.
    • Sky v. Microsoft. Annette represented Microsoft in a successfully settled patent infringement matter.
    • Office Live LLC v. Microsoft. Annette represented Microsoft in a successfully settled trademark infringement matter.
    • Laureate Education, Inc., v. Teachscape. Annette represented the Laureate Education and Canter & Associates in dual actions alleging copyright infringement and trade secrets misappropriation in the online distance-learning field.
    • Gymboree. Annette represented Gymboree and Gym-Mark, Inc. in copyright infringement actions brought against Babies ‘R’ Us, Mervyn’s and Children’s Apparel Network.
    • VEW Ltd. Annette represented Vera Wang’s licensing entity in a trademark dispute concerning the mark SIMPLY VERA.