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- 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
- Appellate
- 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
- Bankruptcy Litigation
Related Areas
Press Releases
- McKool Smith Secures $15 Million Verdict for Summit 6
- McKool Smith Secures $368 Million Verdict for VirnetX
- ITC Trial Lawyer Kent Stevens Joins McKool Smith
- McKool Smith Opens Silicon Valley Office with the Addition of Courtland Reichman
- McKool Smith Secures $391 Million Judgment for Versata
- 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 and WiLAN Resolve Patent Litigations Against World's Leading Technology Providers
- McKool Smith Represents Gemalto In Patent Infringement Lawsuit Over Android
- McKool Smith Helps Paice Resolve Hybrid Vehicle Claims Against Toyota
- McKool Smith Announces $105.75 Million Verdict for VirnetX
- Appeals Court Upholds McKool Smith's Patent Infringement Verdict Against Microsoft
- $138 Million Verdict for Versata Software
- McKool Smith Announces Latest Addition in Washington, DC
- Judge Upholds Verdict, Enhances Damages, and Issues Permanent Injunction against Microsoft Corp.
- Dirk Thomas and Robert Auchter Join McKool Smith
- $200 Million Verdict for i4i Inc.
- $19 Million Patent Infringement Verdict for Opti Inc.
- $59 Million Patent Verdict for Pioneer Corp.
- McKool Smith Announces $83 Million Settlement for i2 Technologies
- Texas Jury Awards Medtronic $250 Million Patent Infringement Verdict
- Mike McKool Named to Federal Patent Advisory Board
- McKool Smith Announces $21 Million Verdict Against Nintendo
- McKool Smith Announces $156 Million Verdict In Patent Infringement Lawsuit against AT&T
- McKool Smith Attorneys Represent Ericsson in Global Litigation with Samsung
- McKool Smith helps secure $3.6 million verdict for mobile e-mail pioneer Visto
- McKool Smith Helps TiVo Secure $74 Million Verdict Against EchoStar
- McKool Smith Helps Medtronic Win Patent Arbitration
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
- The Firm’s $345 Million Win for Versata Ranks as a Top Ten Verdict of 2011
- McKool Smith Named “IP Firm of the Year” by Benchmark Litigation
- "Wyeth, Cordis Stent Patents Are Invalid, Judge Says" McKool Smith client Medtronic wins summary judgment in patent defense case
- "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
- Scott Cole Named Texas Lawyer's "Litigator of the Week" for Lead Role in Securing $345 Million Verdict
- "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"
Publications
- "Navigating E-Discovery"
- “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"
- "And You May Find Yourself in a Large Document Review"
- "Reduce Your Legal Fees Now: 'Unconventional' Dispute Resolution"
- "Ten Tools of Persuasion"
- The Need for a Thorough Pre-Filing Investigation Prior to Filing Any Patent Litigation
- "Are Your Company's Ideas Really Protected?"
- "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…"
Patent Litigation
Our trial lawyers represent both plaintiffs and defendants in patent disputes in federal courts throughout the United States, and routinely handle appeals before the Federal Circuit. These cases involve a broad range of technology and industries, including electronics, semiconductors, software, telecommunications, the Internet, FDA-approved drugs and medical devices, chemical engineering and materials science, and media and entertainment. Because most of these cases required court construction of numerous patent claim types and claim terms, our attorneys have extensive experience in handling claim construction issues.
Patent rights are often not resolved through litigation, but privately through patent licensing arrangements. We assist clients in enforcing their patents and patent portfolios through licensing programs. Before initiating such licensing programs, we conduct substantial patent and claim analysis, and engage potential licensees in face-to-face meetings to discuss the technical and legal issues informing a company’s choice between litigation and licensing.
Although we do not prepare or prosecute patent applications before the U.S. Patent and Trademark Office, many of our attorneys are registered to practice before the U.S. Patent and Trademark Office and have prior experience practicing before the Patent Office. This prior patent prosecution experience enables our litigation attorneys to understand the issues that faced the patent prosecution attorneys and patent examiners. This familiarity with patent prosecution procedures also enables our attorneys to advise clients and their patent prosecution counsel on any post-issuance matters, such as filing and opposing requests for reexamination or reissue, and enhances understanding of the possible effects of such procedures on pending or proposed litigation.

