- Commercial Litigation
- Contract Litigation
- Securities Litigation
- Whistleblower/False Claims Act Litigation
- Antitrust Litigation
- Class Action Litigation
- Energy Litigation
- Fiduciary Duty Litigation
- Mergers & Acquisitions Litigation
- Corporate Governance
- Business and Securities Valuation
- Real Estate Litigation
- Arbitration and ADR
- Intellectual Property Litigation
- Patent Litigation
- ITC/Section 337 Litigation
- Copyright, Trademark, and False Advertising Litigation
- Trade Secrets and Restrictive Covenant Litigation
- White Collar Defense
- Government Investigations
- Internal Investigations
- Antitrust Investigations
- ITC Trial Lawyer Kent Stevens Joins McKool Smith
- McKool Smith Opens Silicon Valley Office with the Addition of Courtland Reichman
- Hennigan Dorman Joins McKool Smith
- McKool Smith Helps i4i Win $290 Million Supreme Court Ruling
- McKool Smith Wins $345 Million Verdict for Versata Software in Texas Damages Retrial
- McKool Smith Bolsters ITC Litigation Practice
- McKool Smith Represents Gemalto In Patent Infringement Lawsuit Over Android
- McKool Smith Announces Latest Addition in Washington, DC
- Dirk Thomas and Robert Auchter Join McKool Smith
- Mike McKool Named to Federal Patent Advisory Board
News & Events
- Douglas A. Cawley Named “Litigator of the Year” and McKool Smith Named “IP Firm of the Year” by Benchmark Litigation
- McKool Smith Ranked as a Leading U.S. Patent Litigation Firm
by Legal 500
- McKool Smith Ranked as a Top US Patent Litigation Firm by IAM Patent 1000
- McKool Smith ITC Litigation Practice Ranked Top Ten by Corporate Counsel magazine
- "McKool Smith Nabs ITC, Patent Pro..."
- "McKool Taps IP Wiz to Head New Silicon Valley Office"
- "McKool Smith Makes Move in Silicon Valley"
- McKool Smith Receives Top Patent Firm Award from Managing IP
- McKool Smith Named “IP Firm of the Year” by Benchmark Litigation
- "What's Next - The Bulletproof Interview: Dirk Thomas on Patent Litigation"
- McKool Smith Recognized in 2011 National Law Journal "Midsize Hot List"
- Legal 500 Ranks McKool Smith as a Leading Patent Litigation Firm
- "McKool Smith Brings ITC Atty on Board,"
- Sam Baxter Honored as Best Lawyers 2011 Dallas Intellectual Property "Lawyer of the Year"
- McKool Smith's Intellectual Property and White Collar Defense Practices Recognized in 2010 Chambers USA rankings
- McKool Smith Named 2010 Top Four Patent Litigation Firm by Managing Intellectual Property
- Los Angeles Daily Journal Ranks McKool Smith Hennigan as a "Leading Southern California Litigation Firm"
- "Tips For Litigating Design-Arounds at ITC and Customs"
- “Should Firms Take Ownership in Patents?”
- "Avoiding America Invents Act Section 299 Via ITC"
- "Weighing Licensing Activities at the ITC"
- "ITC’s Broad Definition of 'Domestic Industry'"
- "The FTC's Recommendations to the ITC: Unsound, Unmeasured, and Unauthoritative"
- "Important New Decision by United States International Trade Commission on the Procedure for Pretrial Claim Construction in Section 337 Investigations"
- "Early Development of Redesign Products to Avoid Potential Adverse Consequences of an ITC Exclusion Order "
- "Mediation Of ITC Section 337 Patent Investigations -- Opportunities For Resolving And Terminating An ITC Section 337 Patent Case"
- "Strategies And Procedures For Claim Construction In Section 337 Investigations Before The United States International Trade Commission"
- "How to Prepare A Response To A Section 337 Investigation"
- The Need for a Thorough Pre-Filing Investigation Prior to Filing Any Patent Litigation
- "Patent Trolls: Measures and Countermeasures"
- "Obtaining Evidence in Germany for U.S. Patent Litigation"
- "Patently Better Odds"
- "So You’ve Been Accused of Patent Infringement…"
ITC/Section 337 Litigation
Successfully litigating patent infringement cases in the International Trade Commission (ITC) requires a thorough understanding of the ITC’s unique substantive law and procedural rules. Because ITC cases are very likely to proceed to hearing, it is critical to be represented by lawyers that thoroughly understand the ITC and have the trial skills to prevail. Our attorneys have litigated over 65 patent infringement cases before the ITC and hundreds more in federal District Courts; they have the experience necessary to guide clients through these complex disputes. They also handle proceedings relating to ITC investigations before the U.S. Customs and Border Protection and the U.S. Court of Appeals for the Federal Circuit.
As noted by Chambers USA, Legal 500, Law360 and other leading legal publications, McKool Smith has a top-ranked intellectual property practice with an unrivaled record of success in high-stakes patent litigation. Recently, the firm ranked top ten in Corporate Counsel magazine's listing of the "Top Law Firms for Filing ITC Cases in 2011."
Our ITC practice includes two former ITC senior investigative attorneys who served as lead counsel in many Section 337 investigations involving high-technology litigation, including petitions for temporary relief, gray market cases, and numerous patent cases involving pharmaceutical, electronic, and other technologies. The team also includes trained engineers, a former ITC law clerk, and numerous seasoned intellectual property trial lawyers with advanced engineering and science degrees. These unique skills and capabilities enhance our understanding of ITC litigation subtleties and enable us to successfully and efficiently achieve our clients’ objectives.