Todd practices complex commercial and IP litigation at the trial and appellate levels.
Todd has a deep background in a variety of related areas, allowing him to issue-spot creatively and develop winning arguments for clients. He has represented clients—ranging from startups to some of the largest technology companies in the world—in patent, trade secret, copyright, trademark, false advertising, antitrust and unfair competition matters. He also counsels clients on issues relating to advertising and anonymous speech on the internet.
Todd regularly represents parties and amici on appeal, and enjoys helping those clients defend favorable results and upend unfavorable ones while also staying aligned with their longer-term interests. He has argued eight federal appeals, and authored briefs on behalf of the winning parties that established leading U.S. Court of Appeals for the Federal Circuit precedent on questions of Kessler preclusion, In re PersonalWeb, 961 F.3d. 1365 (Fed. Cir. 2020), patent venue, In re Cray, 871 F.3d 1355 (Fed. Cir. 2017), and Section 101 eligibility, Affinity Labs of Texas v. Amazon.com, 838 F.3d 1266 (Fed. Cir. 2016).
Todd is passionate about pro bono work and has consistently made time through the course of his career to give back to the community. He has coordinated the firm’s relationship with the Ninth Circuit pro bono program since 2006. Since then, Fenwick has taken on more than 35 pro bono appeals, leading to published opinions on the Fourth Amendment, due process and asylum. Todd’s other pro bono work has included securing legal immigration status for a young girl who emigrated from El Salvador to the U.S. after a gang murdered a family member, and securing a rare preliminary injunction forcing the California Department of Corrections to provide an inmate with a medically necessary diet.
Todd previously served as a law clerk to the Honorable W. James Ware of the U.S. District Court for the Northern District of California.