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Mike McKool

Dallas Office
Principal
Dallas Office, New York Office

300 Crescent Court
Suite 1500
Dallas, TX 75201
TEL: 214.978.4002 TEL2: 212.402.9401
FAX: 214.978.4044
mmckool@mckoolsmith.com

As a Principal and a Founder of McKool Smith, Mike McKool is trial counsel for some of the largest corporations in the world. These include major airlines, energy companies, telecommunications firms and investment banking houses.

Mike McKool has tried over 100 jury trials during his 38 year career. His experience includes many bet-the-company cases for major businesses in venues coast to coast. He has learned to pay special attention to the psychology governing how juries decide cases and the importance of fashioning a compelling story from the facts of each case. Based largely on his success in the courtroom, Mr. McKool has built McKool Smith from a group of 13 trial lawyers in 1991 to a litigation firm of 175 lawyers in eight offices nationwide. 

Mr. McKool's success in the nation's courtrooms has been widely recognized. Chambers USA rates him Band One in both commercial and intellectual property litigation, stating that he is “simply one of the best,” that he is “extraordinarily focused and extremely quick on the uptake,” and that “judges have the highest respect for him.”  He is also rated Band One in intellectual property litigation by Chambers Global.  Reporting his “huge intellect and superb courtroom skills,” Mr. McKool is listed in several categories in Best Lawyers in America, including Bet-the-Company Litigation. He is a Fellow of The American College of Trial Lawyers, and he was selected by the United States Court of Appeals for the Federal Circuit in Washington, D.C., to serve on the Federal Circuit Advisory Council. Mr. McKool was named by Texas Lawyer Magazine as one of five "Go-To Trial Lawyers" in Texas. In 2012, he was named "Trial Lawyer of the Year" by the Dallas Bar Association.

Representative Matters

  • Ericsson. Mr. McKool represented Ericsson as lead counsel in its patent infringement dispute against Samsung. The matter included two ITC actions and district court litigation regarding a number of standard essential and implementation patents related to LTE, WCDMA, GSM/GPRS/EDGE, and 802.11 wireless technology.
  • Lockheed Martin. Represented Lockheed Martin in an antitrust lawsuit filed by L-3 Communications in the Northern District of Texas.
  • Affiliated Computer Services. Represented Affiliated Computer Services in a suit by JPMorgan Chase regarding patented technology of processing child support payments. The suit was pending in U.S. District Court in Delaware.
  • American Airlines. Mr. McKool represented American Airlines as lead counsel in a patent suit filed by Ronald A. Katz Technology Licensing alleging infringement of patents coving interactive voice applications relating to American Airlines call centers. The U.S. District Court judge in California entered a final judgment in favor of American Airlines.
  • Highland Capital. Mr. McKool served as lead counsel in a case filed by James Cable alleging tortious interference with a contract and civil conspiracy. All causes of action against Mr. McKool's client were dismissed.
  • Toll Brothers. Mr. McKool represented Toll Brothers and five other national home builders in a case brought by Wachovia Bank, N.A. in the Southern District of New York. The suit alleges that the home builders breached completion guaranties that were executed in connection with a 1,700 acre tract of property that was purchased from the United States Department of the Interior's Bureau of Land Management for more than $500 million in 2005.
  • Medtronic Vascular, Inc. Board of Regents, University of Texas System v. Setagon, Inc. et al. Represented Medtronic in a dispute involving patent applications for stent devices with porous layers for eluting therapeutic agents. The University of Texas alleged breach of contract, fraud, conversion, misappropriation of trade secrets, misjoinder of inventors, and correction of inventors. The case settled favorably for Medtronic, including the dismissal of all of the University of Texas's claims.
  • Ericsson. Mr. McKool represented Ericsson in Ericsson v. Interdigital Communications, a defense of patent infringement action involving mobile telephones, and in Ericsson v. Qualcomm, litigation involving digital wireless communications patents.
  • EDS. Represented Electronic Data Systems, EDS, in some of its most significant litigation, including EDS v. Xerox, a breach of contract matter involving a $3 billion outsourcing contract. In EDS v. Computer Associates, represented EDS in case involving its right to use CA software for its outsourcing clients. In both cases, Mr. McKool negotiated settlements and licensing agreements that benefited both parties.
  • Excel Communications. Mr. McKool successfully represented Excel in landmark software patent litigation.
  • BTG International Inc. Represented BTG against Samsung, Apple, Dell, and others in a patent infringement action before the International Trade Commission regarding MLC flash memory devices and products used in MP3 players, cameras, and laptops.
  • Eolas Technologies Inc. Represents internet technology provider Eolas in a patent infringement suit against Adobe Systems and others regarding advanced browser technology that allows websites to add fully-interactive embedded applications to their online offerings.
  • Hall Phoenix/Inwood Ltd. et al. v. The Hallwood Group Incorporated, et al. Represented Hall/Phoenix/Inwood Ltd. and Hall Performance Energy Partner 4 in this suit in Dallas County District Court regarding investments made in a limited partnership engaged in the business of drilling for and producing natural gas in West Texas, Arkansas and Louisiana.
  • National Instruments. National Instruments Corp. v. The MathWorks, Inc. Represented National Instruments in patent infringement action involving software technology. Jury verdict in favor of National Instruments was upheld on appeal.
  • Parental Guide. Represented plaintiff Parental Guide in patent infringement action involving V-Chip technology. Case settled favorably for client. Parental Guide v. Funai.
  • Holly Corporation. Mr. McKool served as lead trial counsel for Holly Corporation in Frontier Oil Company v. Holly Corporation. The suit alleged that Holly wrongfully failed to perform under an agreement to merge the two companies when it invoked a material adverse change. The case was tried in the Delaware Chancery Court in February 2004, resulting in Mr. McKool's client being absolved of all wrongdoing.

Professional & Community Activities

  • Fellow, American College of Trial Lawyers
  • Member, Advisory Council of the Federal Circuit
  • Associate, American Board of Trial Advocates
  • ABA Advisory Panel
  • Advisory Board for the Patent Case Management Judicial Guide to promote improvements in judicial administration for all federal courts in the United States
  • Executive Committee, University of Texas Law School Alumni Association

Awards & Recognition

  • Named the 2012 "Trial Lawyer of the Year" by the Dallas Bar Association
  • Ranked in Chambers USA as a leading national Trial Lawyer and a leading lawyer for Intellectual Property (Band 1) and Commercial Litigation (Band 1)
  • Ranked in Chambers Global as a leading trial lawyer in the United States and a leading lawyer for Intellectual Property - Patent Litigation (Band 1)
  • Named an "IP Star" by Managing IP (2013)
  • Named Dallas "Lawyer of the Year" for M&A Litigation (2013) and Banking/Finance Litigation (2012) by Best Lawyers
  • Awarded the Anti-Defamation League's 2010 Larry Schoenbrun Jurisprudence Award
  • Recommended as a leading U.S. patent litigator by Legal 500
  • Named a "National IP Litigation Star" and "Texas Litigation Star" by Benchmark Plaintiff 
  • Listed in Benchmark Litigation as a Texas Commercial Litigation Star
  • Featured in the guide to The Best Lawyers in America® in Commercial Litigation every year since 1993 and in Bet-the-Company Litigation every year since 2006. Also ranked as a leading lawyer in Litigation: Banking & Finance, Intellectual Property, M&A, Patent, and Securities.
  • Named Best Lawyer in Dallas five different times by D Magazine
  • Texas Lawyer named him one of only five “Go-To Attorneys” for civil litigation
  • Named by his peers to the list of Super Lawyers each year since 2003
  • Named by the Dallas Business Journal as one of the five Top Business Trial Lawyers in the DFW Metroplex
  • Named to the Lawdragon 500 list of “Leading Lawyers in America” each year since its inception

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Testimonials

“Mike McKool is a first-rate litigator and the consummate professional. His depth of experience in high-stakes commercial and intellectual property litigation, coupled with his dedication, integrity, and determination to get the best possible results for his clients, truly makes for a winning combination. I have had the privilege of working with Mike and his firm on a number of significant patent infringement cases. I have always been very impressed by his personal investment in each case, as well as his focus and attention to detail. I can honestly say that I have never met a "better prepared" trial lawyer in my 24 years of practice. As gifted and talented as he may be as a litigator, I happen to know firsthand that Mike's personal qualities are equally impressive.”

Frank Vecella
Associate General Counsel - Litigation
Ericsson Inc.
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“Mike McKool brings a valuable mix of experience, trial skills, attention to detail, and common sense in handling some of American's most complex litigation. We have been expanding our relationship with Mike and his firm over the last few years, and the work and the results have been excellent. Mike understands the importance of being responsive to client needs and inquiries, and works well with inside counsel and other counsel in achieving good results.”

Bruce Wark
Associate General Counsel
American Airlines
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“Mike McKool for years has represented the pinnacle of trial lawyers. His preparation is legendary and his command of the courtroom is incomparable. Mike has uncanny instincts which add to his amazing recall, yielding an orchestrated trial experience. His passion for the law coupled with an unyielding commitment to his clients has earned him a larger than life respect and a reputation as one of the top trial lawyers in the United States. He has assembled and leads a team of incredible attorneys that have won more verdicts over the past several years than any other law firm regardless of size. I give Mike my highest recommendation. It's about results and he delivers.”

John Amend
President
The Amend Group
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“Mike McKool, Jr. is a tremendous litigator. He handles complex litigations with aplomb. We are impressed with his proactive approach to litigation, his attention to detail, and the thoroughness of his preparation for trial. He has demonstrated the ability to quickly identify and comprehend significant legal issues and facts so as to develop winning strategies and arguments. He is a superb advocate and we look forward to each opportunity we have to work with Mike.”

Moses Mares
Vice President
Acacia Technologies
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“I want Mike McKool next to me anytime one of my companies is at the courthouse. His preparation, reputation, and skilled advocacy give me an edge that I can't get with other lawyers or other firms. He brings an intensity and focus to my cases that make me feel like I am his most important client and I have the full resources of the firm behind me. Mike is the lawyer I trust to take care of cases that must be won.”

Les Ware
Partner
Monts & Ware
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“Mike McKool played a crucial role in quarterbacking a large litigation matter a few years ago that was of great importance to my Company's future. Mike led a trial team that included lawyers from major law firms located in several parts of the country. In addition to critical personal contributions in the trial, Mike's leadership brought out the best in each of the lawyers on the team. The result for my Company was a successful outcome obtained as quickly as circumstances permitted.”

W. John Glancy
Senior Vice President & General Counsel
Holly Corporation