Media & Events

Law360 reported on McKool Smith client EQT Corp. telling the Fourth Circuit in an opening brief that it must reverse U.S. District Judge Joseph R. Goodwin's refusal to enjoin ...

McKool Smith Principal Kat Li served as a panelist at the recent Austin Intellectual Property Law Association's CLE titled "Supreme Court & Federal Circuit IP Year in ...

McKool Smith principal Christina Ondrick spoke with Law360 on the appointment of Tiffany P. Cunningham to the Federal Circuit, which she will become the first ...

McKool Smith principal Nick Matich spoke with Life Sciences IP review on his views towards the US Supreme Court opinion in Minverva v Hologic, which means inventors now have a ...

McKool Smith principal Nick Matich provided commentary to Intellectual Property Magazine article on President Biden calling on Federal Trade Commission to ban ...

McKool Smith, along with Yetter Coleman LLP, has secured a $30 million jury verdict on behalf of Twinwood Cattle Company, Inc. (“Twinwood”) against the American ...

McKool Smith principal Nick Matich spoke with World IP Review on the US Patent and Trademark Office (USPTO) recent call for comments on patent eligibility law over concerns ...

McKool Smith principal Blair Jacobs provided his insights in Law360 article, “5 Patent Cases To Watch In The Second Half of 2021.” The 5 patent cases mentioned are ...

McKool Smith, one of the nation’s leading trial firms, has announced that patent litigation star Christina Ondrick has joined the firm as a principal in its Washington ...

McKool Smith principal Michael Miguel commented in a Law360 article on the four class actions accusing hospital system Scripps Health of negligence in handling personal ...

McKool Smith principal Nick Matich provided commentary to the IPWatchdog’s article, “Industry Commenters Say Minerva Ruling is a Win for Employee Mobility.” The ...

On June 21, 2021, McKool Smith secured another significant appellate victory for Sanofi and Regeneron. The U.S. Supreme Court denied Amgen Inc. unit Immunex Corp.’s ...

McKool Smith principals Scott Hejny, Kat Li, and James Quigley published the article “Arthrex: the Supreme Court Preserves the PTAB System” in Licensing Executive ...

McKool principal Willie Wood chaired and moderated the panel titled "Care and Feeding of Your Projects, new and Old, and Your Exposure to Claims, New and Old" at the 7th ...

New York principal Kevin Schubert published an article in Law360 titled “Anticipating Patent System Change-Ups Under Biden.”  While it is only five months into the new ...

McKool Smith principal Scott Hejny provided commentary for the Intellectual Property Magazine article, “Arthrex Finds That APJs Are Unconstitutionally ...

McKool Smith principal Blair Jacobs spoke with The National Law Journal on the recent confirmation from the Department of Justice (DOJ) spokesperson on the changes in SEP ...

McKool Smith principal David Dehoney and associate Veronica Manning will present Shining a Light on Solar Energy Projects: Impact of Mineral Issues on Solar Leasing" at the ...

McKool Smith principal Nick Matich provided commentary to the World Trademark Review article, “‘The Second Circuit Got It Right’: FTC Decision Reversed in ...

McKool Smith principal Nick Matich provided commentary to Intellectual Property Magazine's article, “Second Circuit Overturns FTC's 1-800 Contacts Antitrust ...

The Legal 500 (US) has again recognized McKool Smith as a leading U.S. firm for patent litigation and energy litigation. The latest edition notes that the firm “well versed ...

Washington, D.C. - McKool Smith, one of the nation’s leading trial firms, has announced that veteran trial lawyer Blair M. Jacobs has joined the firm as a principal in its ...

Principal Nick Matich spoke with Managing IP on the USPTO proposed guidelines for implementing Trademark Modernization Act (TMA). Attorneys are divided over ...

McKool Smith principal Kat Li has been named to Profiles in Diversity Journal’s 2021 Women Worth Watching. This award celebrates women from around the globe for their ...

McKool Smith has announced that intellectual property litigators Steven J. Rizzi and Ramy Emad Hanna have joined the firm as principals in its New York office. The ...

New York, NY—McKool Smith, one of the nation’s leading trial firms, has announced that intellectual property litigators Steven J. Rizzi and Ramy Emad Hanna have joined ...

McKool Smith principal Zach Mazin is featured in Lawdragon's Lawyer Limelight series where he discusses his focus on emerging securities litigation, particularly in the ...

McKool Smith principal Nick Matich spoke with Intellectual Property Magazine on the USPTO issued notice on proposed rulemaking to implement the Trademark Modernization ...

McKool Smith scored high marks in the 2021 edition of Chambers USA, which recognizes the firm as an industry leader in commercial litigation, intellectual property ...

McKool Smith Chairman Mike McKool is featured in the latest episode of Behind the Trial to share best practices in the courtroom and how to effectively present cases to judges ...

McKool Smith principal Nick Matich spoke with World Trademark Review on his initial reaction to the USPTO issued notice on the implementation provisions of the Trademark ...

McKool Smith Chairman Mike McKool is featured in the latest episode of Behind the Trial to share best practices in the courtroom and how to effectively present cases to judges ...

The Austin American Bar Association proudly presented a

The Honorable Alan D. Albright, United States District Court for the Western District of Texas, was sworn in on ...

Westlaw Journal Intellectual Property reports on the U.S. Supreme Court’s decision in Minerva Surgical Inc. v. Hologic Inc. et al. Washington, D.C. principal Nick ...

McKool Smith principal Richard Kamprath and associate Abigail Clark published the article, "Hedonic Regression Shows Promise For Modeling IP Damages ...

McKool Smith principal Nick Matich participated on a panel at the recent Federal Circuit Bar Association panel presentation, "Dispute Resolution Challenges ...

McKool Smith principal Michael Miguel was quoted in the AM Best article, "Cincinnati Insurance COVID-19 BI Case Gets First Appellate Court Review." The article ...

Law360 reported on the disqualification of Judge Timothy Sweeney from EQT suits in the article, "W.VA. High Court Orders Judge Disqualified from EQT Suits." The article ...

Lawdragon recently profiled McKool Smith principal Kat Li, one of the firm’s brightest rising stars, to discuss her deep technical background in semiconductors and ...

The National Board of Trial Advocacy, who for years has handled board certifications across the U.S. for trial lawyers in civil, criminal, and family law is now offering a ...

McKool Smith principal Michael Miguel spoke with Law360 on the trend of pandemic insurance coverage lawsuits. The article noted that smaller businesses have “repeated ...

Law360 published an article, “Fed. Circ. Told Samsung's FRAND Bid Distorts Int'l Norms,” updating the ongoing litigation between Samsung and Ericsson. Following ...

McKool Smith Principal Alan Whitehurst provided commentary to two Law360's articles on 2020 patent cases citing a report from Lex Machina. The first article "Fast Courts ...

McKool Smith principal Scott Hejny was quoted in the Westlaw article, “Supreme Court's Appointments Clause Ruling Will Keep PTAB Intact, Lawyers Predict.” ...

McKool Smith principal Joel Thollander will speak at the Texas Intellectual Property Law Journal (TIPLJ) symposium, "Show Me the Money: Financing and Damages in IP ...

McKool Smith principal Michael Miguel was quoted in the Business Insurance article, "Lost Income Claim Disputes Evolve Further." The article noted that 80% of the ...

McKool Smith Principal Willie Wood has been admitted as a Fellow of The Chartered Institute of Arbitrators, CiArb, founded in 1915 and headquartered in London, with global ...

McKool Smith principals Willie Wood, Lisa Houssiere, and senior counsel Cecilia Ibarra Van Oostenrijk co-authored a chapter, "Complexities Associated with ...

Law360 published article, "Gilstrap Makes Apple's $506M Patent Trial Loss Final," reporting that U.S. District Judge Rodney Gilstrap entered the final judgement ...

The Dallas Morning News reported Dallas City Council has decided to move forward to recover financial damages from Netflix, Hulu, and Disney, “for their alleged failure ...

McKool Smith principals Robert Manley and Michael Miguel quoted in Business Insurance's article, "Flurry of Litigation Likely in Wake of Texas Storm, Power Outages ...

The New York Appellate Division, First Department earlier this week held that Nationstar Mortgage LLC was indeed entitled to indemnification for losses from Generation ...

The New York Appellate Division, First Department earlier this week held that Nationstar Mortgage LLC was indeed entitled to indemnification for losses from Generation ...

McKool Smith principal John Briody was quoted in Bloomberg Law's article, “Novel Diverstiture Ruling Likely Leaves Merger Landscape Intact.” The U.S. Court of ...

McKool Smith, one of the nation's leading trial firms, has announced that patent trial star Alan Whitehurst has joined the firm as a principal in its Washington, D.C ...

McKool Smith associate Melissa Cabrera spoke at the Cornell Law School "Women of Color Collective and Women's Law Coalition's 9th Annual Career Day" on February 18th.  ...

Washington, D.C.—McKool Smith, one of the nation's leading trial firms, has announced that patent trial star Alan Whitehurst has joined the firm as a principal in its ...

McKool Smith principal Robert Manley will serve as panelist for “Lessons Learned in Recent Trade Secrets Cases” webinar hosted by the Association of Corporate Counsel ...

Law360 reported on the ongoing lawsuits for the JDS Development's Manhattan luxury condo tower, known as the “Steinway Tower.” While the building is nearing ...

Law360 published an article on the patent infringement litigation between Apple and PanOptis. The article, noted that “U.S. District Judge Rodney Gilstrap shot down ...

McKool Smith principal Kat Li was named to the 2020 list of the “Nation’s Best” by Lawyers of Color. Kat was recognized as an experienced trial lawyer, and she is a ...

Law360’s recent report “High Court Won't Decide Arbitration Carveout Question,” discusses a significant Supreme Court decision in favor of the firm’s client ...

Marcellus Drilling News reported EQT has asked the West Virginia officials to remove two judges, Timothy Sweeney and David W. Hummel Jr., from at least three cases due to ...

Law360 reported, "EQT accused two West Virginia state court judges Friday of not disclosing financial and personal interests in the outcome of royalty disputes they hear ...

McKool Smith principal Courtney Statfeld and associate Daniel Hendler published the article “COVID in the Courts: Trends in Pandemic-era Commercial Real Estate ...

McKool Smith, on behalf of Energy Transfer Equity LP, obtained a ruling from the Delaware Supreme Court rejecting an appeal by several insurers seeking to overturn a lower ...

Law360 published a detailed report, "3 Things to Know about Supreme Court's Hotel.com Case.” The article explained the class action that brought by San Antonio and other ...

On Monday, January 11, 2021, McKool Smith secured a significant ruling on behalf of Ericsson barring Samsung from enforcing a Chinese anti-suit injunction that would limit ...

McKool Smith principal Nick Matich was quoted in Bloomberg Law article “PTAB To Use District Court Standard for Indefiniteness.” In a USTPO memo, PTAB was told to use the ...

McKool Smith principal Nick Matich opiniated in the Law360 article “USPTO Aligns AIA Review Indefiniteness Test With Courts.” The article wrote that the U.S. Patent ...

Texas Lawyer published an article on Ericsson and Samsung’s IP dispute on whether the lawsuit should take place in Marshall Texas or Wuhan, China. McKool Smith attorneys ...

McKool Smith principals Lauren Varnado and David Dehoney published "4th Circ. Royalty Ruling a Win for W. Va. Gas Producers" in Law360. The article discusses the Fourth ...

McKool Smith is pleased to announce the promotion of Kevin Schubert to Principals in the firm's New York office, effective January 1, 2021.

“Our Principals are leaders who ...

McKool Smith principal Lisa Houssiere commented in the Law360 article “3 international arbitration trends to watch in 2021.” The three major trends include the rise of ...

McKool Smith principal Ashley Moore commented in a Law360 article that highlighted the high-profile patent cases to watch in 2021. On the U.S. v. Arthrex Inc., Ashley said ...

McKool Smith principal Hugh Ray commented in Westlaw article “‘There’s Going To Be a Reckoning’: A Look at Restructuring in 2021.” The article noted that an ...

McKool Smith principal John Sparacino was quoted in the Law360 article detailing the second wave of bankruptcy in the oil and gas industry. The article highlighted that four ...

Ashley Moore provided commentary to Law360’s article, “The Few Patent Jury Trials in 2020 led to Enormous Verdicts.” The article noted that while the COVID-19 ...

McKool Smith principal Lewis LeClair commented in the Law360 article “Biggest Texas Cases of 2020.” The article summarized the three most impactful rulings in the ...

McKool Smith principal Nick Mathews provided commentary to Law360's article, "The 10 Biggest Patent Rulings of 2020." The article highlighted eight patent cases ...

McKool Smith principal Willie Wood provided commentary in Law360’s  article that summarized major energy court decisions for 2020, titled "The Biggest Energy ...

McKool Smith, one of the nation's leading trial firms, has announced that Nicholas Matich, former Acting General Counsel of the United States Patent and Trademark Office ...

Law360 reported Celanese Corporation sues its insurer, Lamorak Insurance Co. and its predecessors, OneBeacon America Insurance Co. and Commercial Union Insurance Co, in ...

McKool Smith, one of the nation's leading trial firms, has announced that Nicholas Matich, former Acting General Counsel of the United States Patent and Trademark Office ...

A holder of standard-essential patents often agrees to license those patents on terms that are “fair, reasonable, and non-discriminatory” (the “FRAND ...

Lawdragon has profiled McKool Smith principal Lauren Fornarotto, who recently secured a major Federal Circuit victory for two Sanofi entities and Regeneron ...

Law360 reported that Judge Mark Denton has rejected Starr Surplus Lines Insurance Co. request to toss a COVID-19 business interruption coverage suit from JGB Vegas Retail ...

Kevin Schubert moderated a panel at the IP Tech Summit on December 3, 2020 that included executives from IBM, Infineon, Wi-LAN, and Battelle.  The panel topic was “Beyond ...

McKool Smith principal Lisa Houssiere provided commentary to Mealey's International Arbitration Report, "International Arbitration Experts discuss the impact on ...

McKool Smith principal Josh Budwin is featured in Lawdragon's Lawyer Limelight series. The in-depth interview details Josh’s professional and academic ...

McKool Smith principal Kat Li served as moderator for the panel "Worldwide Patent Litigation Trends-A Look at Litigation Trends and Practices in multiple International ...

McKool Smith received 28 Tier 1 rankings in the “Best Law Firm” 2021 Edition, published by U.S. News-Best Lawyers. Within the 28 Tier 1 rankings, five are national ...

McKool Smith principal John Sparacino was quoted in Bloomberg's article, "Mall Shakeout Just Beginning While Owners Drown in Complex Debt." Two major U.S. mall owners ...

Law360 reported that Delaware Judge Eric M. Davis has ruled that Endurance Assurance Corp. must cover at least part of SS&C Technologies Inc.'s settlement of a client's suit ...

McKool Smith is pleased to announce that 12 attorneys have been selected for inclusion in the 2020 list of  Super Lawyers "Rising Stars."  The honorees include:

Austin

• Josh ...

McKool Smith principal John Sparacino provided commentary to Law360’s article, “Holiday Season Won't Save Many Retailers in Pandemic Year.” On top of the ...

McKool Smith principal Scott Hejny provided commentary to Managing IP's article, "USPTO Driven To Drop Rules Package And Get Trial Denial Input." The article ...

McKool Smith principal Jennifer Truelove will join the Women Influence & Power in Law (WIPL)’s panel discussion, “Driving Successful Outcomes From Competition ...

McKool Smith associate Kevin Schubert moderated the panel, How Recent Damages Trends and Decisions are Influencing Licensing Negotiations," at the 2020 Annual Meeting of ...

Law360 published an article on the Minor League Baseball (MLB) team’s lawsuit against insurer over the losses stemmed from the season cancellation. The MLB argued ...

On October 13, 2020, McKool Smith secured a significant appellate victory for two Sanofi entities and Regeneron Pharmaceuticals, Inc. against Immunex Corp., an Amgen Inc ...

Benchmark Litigation has recognized Mike McKool and Douglas A. Cawleyamong the “Top 100 Trial Lawyers in America” in the publication’s 2020 edition. The ...

McKool Smith, along with the Fabricant Law Firm, secured a $5,000,000 patent infringement verdict on behalf of Vocalife, LLC against Amazon.com, Inc. and Amazon.com, LLC ...

McKool Smith Principal Michael Miguel was featured in the GlobeSt.com article, “Suits Over COVID Losses Seeing Mixed Results,” discussing the litigation between ...

Texas Lawyer has recognized McKool Smith Dallas principal Lewis LeClair as 2020 “Texas Trailblazers.” Texas Trailblazers in a special supplement developed by Texas ...

McKool Smith Principal Zach Mazin and associate Daniel Hendler, along with financial litigation consultant Gene Phillips of PF2 Securities, published the above article ...

McKool Smith Associate Kevin Schubert published an article in Law360 titled "COVID-19's Influence On IPR Has Diminished." The article notes that the recent "decisions ...

McKool Smith’s Dallas-based principal Ashley Moore has been recognized among the 2020 “Top Women in IP” by Texas Lawyer. Only three lawyers in Texas received this ...

McKool Smith has been named the 2020 “Litigation Department of the Year - Intellectual Property” by Texas Lawyer. The firm was selected for this prestigious honor based ...

McKool Smith principal Lauren Fornarotto will serve as a panelist for the discussion topic "IP litigation in review and its effect on your litigation strategy” at the ...

Cyrus Bayar published "Oil & Gas Companies Face Broader Exposure to FCA Liability Under COVID Stimulus Programs" in Energy Law Advisor, the Institute of Energy Law’s ...

McKool Smith principal Kyle Lonergan commented for the Law360's article, "Morgan Stanley Tells Court It Sold A Solvent Tops Markets." McKool Smith represents ...

Law360 reported EQT, represented by McKool Smith principals Lauren Varnado and Ashley Moore, brings the suit to federal judge, asking “to block oil and gas royalty ...

McKool Smith principal Ashley Moore provided commentary to Law360's article, “Tech Giants are putting PTAB's discretion to the test." The recent lawsuits ...

McKool Smith is pleased to announce that eighteen of the firm’s principals have been selected for inclusion in the 2020 edition of the Lawdragon's guide to the 500 Leading ...

McKool Smith principal Sam Baxter was named co-"Litigator of the Week" by The Am Law Litigation Daily for his contributions in securing a $506 million patent ...

Nick Maitch experience quoted in, "USPTO Says Patent Specification is Evidence, Not Prior Art"  Law360 (prior to joining the firm)

20 McKool Smith Principals have been selected for inclusion in the 2021 edition of "Best Lawyers in America" and 11 attorneys chosen for "Best Lawyers: Ones to Watch."

On August 11, 2020, McKool Smith helped secured a $506 million patent infringement verdict on behalf of PanOptis against Apple, Inc. There has been extensive media coverage ...

McKool Smith principal John Sparacino was quoted in Fox Business article, "Coronavirus Could Push US Bankruptcies to Worst Levels in 10 Years." The article states ...

McKool Smith, along with Irell & Manella LLP, secured a $506,200,000 patent infringement verdict on behalf of Optis Wireless Technology, LLC, Optis Cellular Technology ...

Law360 reported, "a Federal Circuit panel appeared skeptical...that the Patent Trial and Appeal Board ignored vital evidence in construing a key claim term to invalidate ...

McKool Smith is pleased to share principals Hugh Ray and John Sparacino are recognized in the 2020 Lawdragon 500 Leading Global Restructuring & Insolvency ...

McKool Smith principal Richard Kamprath recently published an article in Texas Lawyer, discussing a set of factors the Patent and Trial Appellate Board (PTAB) identified ...

New York principal Courtney Statfeld has been recognized in Benchmark Litigation's "40 & Under Hot List." The publication honors the achievements of the nation’s most ...

McKool Smith principal Lisa Houssiere commentary was featured in the article, “International Arbitration Experts Discuss the Future of Arbitration,” which ...

Law360 reported that Northwell Health Inc sued a unit of Chubb Insurance as it wrongfully denies to cover COVID-19 pandemic related claims. Represented by McKool Smith ...

McKool Smith principal Courtney Statfeld provided commentary in ModernRetail article “The great retail rent strike.” She explained in the article, “For larger ...

McKool Smith principal James Quigley provided insight on the 2019 & First Half of 2020 Federal Circuit and Supreme Court Year In Review, hosted by the Austin Intellectual ...

McKool Smith principal Scott Hejny provided commentary to the Law360 article, “PTAB Limits On Amendment Rejections Spur Quality Worries.” The Patent Trial and Appeal ...

McKool Smith principal Lisa Houssiere opiniated in a Law360 article, “2nd Circ. Arbitration Discovery Ruling Ripe For High Court.” On July 8^th, the Second Circuit ...

McKool Smith principal Nick Mathews has been recognized as a "Rising Star" in intellectual property by Law360. This annual feature honors the legal industry’s top legal ...

McKool Smith has been recognized as one of the nation’s leading patent litigation firms in Managing Intellectual Property’s 2020 edition of “IP Stars.” The firm ...

McKool Smith principal Daniel Levy published an article, “A Legal Guide To What Happens Next In US Atty Berman Saga,” in Law360 to analyze the departure of U.S. Attorney ...

In 2016 Exxon was sued by the City Attorneys of Oakland, San Francisco, and other Municipalities contending Exxon had violated California’s public nuisance law by ...

McKool Smith principal Robert Manley commented in the Bloomberg Law’s article, “IP Insurers See Their Time as Now With Covid-19 In Background.” In the past ...

McKool Smith principals Robert Manley along with Kevin McElroy and John Bone of Stout Risius Ross LLC, recently published "'Independent Economic Value' Crucial In Trade ...

McKool Smith principal Courtney Statfeld provided commentary in a MarketWatch article, titled “COVID-19 has commercial real estate tied in knots, as lockdowns ease in ...

McKool Smith principal Daniel Levy published an article, “The Law Behind The Strange Departure Of US Atty Berman,” in Law360. The article discusses the circumstances ...

The Legal 500 (US) has once again recognized McKool Smith as a leading U.S. firm for patent litigation and insurance recovery disputes. The latest edition notes that the firm ...

McKool Smith received high marks in the 2020 edition of IAM Patent 1000: The World’s Leading Patent Practitioners, which describes the firm as a “world-famous patent ...

Law360 reported that a California federal judge ruled on June 15 that “Apple can't scrap an $85 million jury verdict issued against it for infringing WiLAN's wireless ...

McKool Smith principal Hugh Ray was quoted in The Real Deal’s article discussing the scenarios of WeWork, a co-working company, potentially finding itself in a ...

McKool Smith principal John Sparacino shared his expertise in bankruptcies filings with Business Insider’s article, “Some Cash-Strapped US Oil Companies Can't Even ...

McKool Smith associate Kevin Schubert published article “New Trend In IPR Institution Appealability Demands Scrutiny” in Law360, analyzing trends regarding how the ...

McKool Smith principal Lisa Houssiere's commentary was published in Mealey’s International Arbitration Report. The report included multiple experts' opinions on the ...

McKool Smith associate Rudy Fink will give the American Institute of Intellectual Property Law Associations' Mid-Year Update on trade secrets. "Founded in 1897, AIPLA is a ...

McKool Smith principal Willie Wood was quoted in the Reorg News published article "Force Majeure Provides Questionable Relief for LNG Buyers as Covid-19 Pandemic ...

Veteran bankruptcy lawyer John Sparacino has joined the firm as a principal in its Houston office. Mr. Sparacino focuses on bankruptcy and related matters ...

McKool Smith principal Robert Manley, published a white paper, titled “Reducing Your Odds of Catching/Spreading Trade-Secret Litigation in These Tumultuous ...

McKool Smith principal James Smith co-published "How Law Firms Can Maximize COVID-19 Insurance Coverage" in Law360. The article discusses how law firm leaders can take ...

McKool Smith principal Hugh Ray was quoted in The Washington Post article "Neiman Marcus Files for Chapter 11 Bankruptcy."  "The Dallas-based retailer has struggled to pay ...

Dallas principal Lew LeClair was recently featured in Law.com’s “The Law Firm Disrupted” column to discuss litigation developments in the wake of the COVID-19 ...

The above piece written by Jennifer Truelove is published in The Bencher, the magazine of the American Inns of Court. In this piece, Jennifer shared her experience in working ...

Law360 article reported U.S. Magistrate Judge Joseph C. Spero denied the majority of Uber’s bid against claims proposed by Sidecar Technology Inc. that the ride hailing ...

Nick Matich was quoted in, "HTC, Ericsson Tangle at Fifth Circuit Over How to Value Patents"  Law360 (prior to joining the firm)

McKool Smith principal Kirk Dillman was quoted by Business Insurance in the article "Increased Use of M&A Deterrents May Spur Rise in D&O Litigation."  The article ...

McKool Smith, one of the nation’s leading trial firms, has announced that veteran bankruptcy lawyer John Sparacino has joined the firm as a principal in its Houston ...

It is with deep regret that we announce the passing of our dear friend and colleague, Rod Dorman. 

Rod joined McKool Smith in 2011 with the arrival of Hennigan Dorman in ...

McKool Smith principal Kat Li was named a Best Lawyer Under 40 by the Asian Pacific Interest Section ("APIS") of the State Bar of Texas. The award "recognizes talented ...

The National Law Journal has recognized McKool Smith principals Mike McKool, and Lewis LeClair as 2020 “Plaintiff Trailblazers” in the publication’s fourth annual ...

McKool Smith principal Hugh Ray provided commentary to The Washington Post article "The Iconic Brands That Could Disappear Because of Coronavirus." Citing GlobalData ...

McKool Smith principal Lisa Houssiere provided commentary in the article "International Arbitration Experts Discuss The Major Challenges for Arbitration In 2020 ...

McKool Smith surged in the 2020 edition of Chambers USA, which recognizes the firm as an industry leader across several practice areas, including commercial litigation ...

Amidst the COVID-19 pandemic, the legislatures of Louisiana, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, and South Carolina are currently deliberating ...

McKool Smith principal Willie Wood provided commentary to Energy Intelligence's Oil Daily article "Texas Crude Debate Reveals Tension in Supply Chain." Willie state ...

McKool Smith principal Willie Wood has been named to Law360"s Energy Editorial Advisory Board. The editorial advisory board provides feedback on Law360's coverage and ...

McKool Smith principals James Quigley and Scott Hejny recently published "A Question of Authority - The Federal Circuit's Criticism of the POP in Windy City" in Texas ...

Mitch Verboncoeur assisted a former CEO residing in the UK with quashing a subpoena directing him to appear in Florida for a deposition in the midst of the Covid-19 crisis. The ...

McKool Smith has developed a resource center to help clients stay updated on legal and business developments that can help them navigate through the COVID-19 pandemic.  We ...

On March 27, 2020, the President signed into law a financial relief package called the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). One of the most ...

McKool Smith Principal Lisa Houssiere was selected as one of the “Top Transformational Women Leaders in 2020” by the Industry Wired. The media also published an ...

McKool Smith principal Scott Hejny was quoted by Law360 for the article "3 COVID-19 Changes IP Attys Want to Keep & 1 That Must Go." The article discusses how the U.S. Patent and ...

McKool Smith principal Willie Wood was quoted in Law360's article "What Attys Must Know About The Push For Texas Drilling Cuts."  The article discusses the decrease in oil ...

McKool Smith is pleased to share that three of our principals have been named “Leading Lawyers in America” in the 2020 Lawdragon 500 guide. The attorneys include:

• Mike ...

McKool Smtih principal Lisa Houssiere recently spoke with Law360 regarding "Coronavirus Disputes May Turn on Little-Known Clause."  The article discussed the "often ...

Managing IP has named McKool Smith the U.S. “Plaintiff IP Firm of the Year” for its 2020 North America Awards.  McKool Smith was also named the top patent litigation firm in ...

Law360 reported, "EQT Says Landowners Not Entitled To Additional Royalties."  The article goes on to say "West Virginia landowners have no basis in their proposed class ...

By virtue of a landmark decision from the United States Court of Appeals for the  Sixth Circuit, foreign parties that find themselves embroiled in cross-border disputes can ...

McKool Smith Principal Lisa Houssiere spoke with Law360 and provided commentary to "Coronavirus May Hasten Arbitration Technology Boom." The article discusses how some ...

The Antitrust Division of the U.S. Department of Justice, joined by other federal agencies, recently clarified that injunctions are an available remedy in suits over ...

McKool Smith Principal Scott Hejny provided commentary to Law360's article "Attorneys Optimistic Pandemic Won't Disrupt USPTO filings." The article noted, "Patent and ...

McKool Smith sends its best wishes to you and your family during these difficult and uncertain times. As we continue to monitor and learn more about the spread of COVID-19, the ...

McKool Smith Principal Lisa Houssiere spoke and served as a panelist at the Women in Legal & Corporate Leadership Summit held in Houston, Texas.  The summit explores the ...

McKool Smith Principal Kat Li spoke and served as a moderator for the topic "Life of a Female IP Litigator" at the Gender & IP: Addressing the Gap Texas Intellectual Property ...

On Monday, March 2, 2020, the United States Court of Appeals for the Federal Circuit affirmed the International Trade Commission's finding that Comcast cable boxes ...

McKool Smith has sponsored a $1,000 scholarship for the University of Texas Thurgood Marshall Legal Society (TMLS). The scholarship was awarded to the University of Texas ...

McKool Smith Associate Melissa Cabrera recently had the opportunity to speak at Cornell Law School’s Women’s Law Coalition & Women of Color Collective Career Day. She ...

McKool Smith Associate Kevin Schubert published an article in Law360 titled, “Latest IPR Trends Mostly Favor Patent Owners.”  The article is a follow-up to an article ...

McKool Smith Principal Hugh Ray provided commentary to Bloomberg Law's article titled "Purdue's Opioid Payouts Pit Individuals Against Cities, States." The article ...

McKool Smith has submitted an amicus brief to the U.S. Supreme Court in Google LLC v. Oracle America, Inc. on behalf Arthur R. Miller, the world-renowned professor at NYU ...

There has been extensive media coverage of the lawsuit McKool Smith filed on behalf of its client Alan D. Halperin, Litigation Trustee for the Tops Holding Litigation Trust ...

McKool Smith Principals James Quigley and Kat Li wrote "IPR Update" and presented the article at the State Bar of Texas 33rd Annual Advanced Intellectual Property Law ...

McKool Smith has been named an “Insurance Group of the Year” by Law360 based on the firm’s success in a series of significant coverage wins over the past year, including ...

McKool Smith Senior Counsel Cecilia Ibarra-van Oostenrijk has been chosen as one of the 2019 Top Latino Lawyers by Latino Leaders magazine.  This is the fifth year the ...

U.S. District Judge Jed Rakoff has ruled that an AIG unit must cover investment software manager SS&C Technologies Holding Inc.'s settlement of litigation over its ...

McKool Smith Principal Willie Wood provided commentary to Law360's article "Texas Justices Say Contract Is King In $535M Pipeline Fight." The article discusses how "The ...

McKool Smith has secured an $85 million patent damages verdict on behalf of Ottawa, Canada-based WiLAN Inc. against Apple, Inc.

The verdict was announced on January 24 ...

McKool Smith Managing Principal David Sochia has been recognized as a diversity ally in the Lawyers of Color 2020 Power List.

Presented with the support of the Diverse ...

McKool Smith has secured an $85 million patent damages verdict on behalf of Ottawa, Canada-based WiLAN Inc. against Apple, Inc.

The verdict was announced on January 24 ...

McKool Smith Principal Nicholas Mathews has been recognized among D Magazine’s “Best Lawyers Under 40 in Dallas.”

Nick Matich quoted in, "SEP FRAND policy rewrite designed to bring predictability, says senior legal advisor to USPTO head," IAM (prior to joining the firm)

On January 7, 2020, McKool Smith secured a significant appellate victory on behalf of Soaring Wind Energy, LLC and its investors before the U.S. Court of Appeals for the ...

On January 7, 2020, McKool Smith secured a significant appellate victory on behalf of Soaring Wind Energy, LLC and its investors before the U.S. Court of Appeals for the Fifth ...

McKool Smith Principal Willie Wood provided commentary to Law360's "Energy Cases to Watch in 2020". He spoke about Energy Transfer Partners LP et al. v. Enterprise Products ...

McKool Smith is pleased to announce the promotion of two attorneys to Principals in the firm’s Austin and Dallas offices, effective January 1, 2020.

“The promotion of ...

McKool Smith Principal Lisa Houssiere spoke with Mealey's and provided commentary to their International Arbitration Report. Along with other industry experts and ...

Law360 reported how "a recent ruling for a former Volkswagen executive broke down why and how the Fifth Amendment still applies after a guilty plea, a lesson that defense ...

McKool Smith Associate Kevin Schubert authored the Law360 article "IPR Estoppel Increasingly Applies" and it was chosen as one of the 10 most-read IP articles from Law360 ...

Nick Matich quoted in, "Full Fed. Circ. Urged By All Sides To Rethink Arthrex," Law360 (prior to joining the firm)

McKool Smith Principal Willie Wood served as the lead external advisor to Latin Lawyer's Litigation Reference 2020.  With his significant experience working with many ...

On December 5, 2019, McKool Smith secured a victory before the U.S. Court of Appeals for the Federal Circuit on behalf of Ericsson in a closely watched FRAND licensing dispute ...

Law360 reported on the Federal Circuit decision to rescind California District Judge James V. Sena's decision to set a license rate for Ericsson's standard-essential ...

McKool Smith client Vocalife will continue its case against Amazon within the Eastern District of Texas. Law360 reports that Chief District Judge Rodney Gilstrap entered ...

McKool Smith Principal Hugh Ray spoke with the Associated Press and was quoted in the article "Survivors Fear Smaller Payouts from PG&E with Each Fire."  The article ...

It is with deep regret that we announce the passing of our dear friend and colleague, Elizabeth Sherwin.

Liz joined McKool Smith in 2016 after practicing for many years at ...

McKool Smith Managing Principal David Sochia spoke with the New York Law Journal about the firm's recent New York office move to One Manhattan West. The new office almost ...

McKool Smith, one of the nation’s leading trial firms, has relocated its New York office to One Manhattan West. The firm signed a 15-year lease for approximately 64,000 ...

On November 18, 2019, the New Jersey Superior Court, Appellate Division, affirmed a trial court decision granting summary judgment to New Jersey Transit Corporation ...

On November 18, 2019, the New Jersey Superior Court, Appellate Division, affirmed a trial court decision granting summary judgment to New Jersey Transit Corporation ...

Law360 reports on November 15, 2019, U.S. District Judge Rodney Gilstrap issued a order stating Huawei must pay attorney fees for its $13 million patent infringement loss to ...

McKool Smith Principal Christopher Johnson spoke with Bloomberg Tax regarding Mattel Inc.'s audit committee finding that PwC's lead audit partner violated conflict of ...

McKool Smith Principal Courtney Statfeld will take part in a panel discussion titled “Redefining Success in the New Millennium: Knowing What You Want, Why You Deserve It ...

McKool Smith has received numerous accolades in the 2020 "Best Law Firms" rankings recently released by U.S. News - Best Lawyers. The firm received 28 “Tier 1” rankings ...

New York Principal Lauren Fornarotto spoke with Bloomberg Law regarding Merck & Company's failed patent infringement case against Gilead Sciences, Inc.. Lauren ...

McKool Smith Principal Kat Li will participate on the panel discussion "Global Trends in Enforcement" at the Advanced Patent Law Institute on November 8th in Austin, TX.  Kat ...

Benchmark Litigation, the definitive guide to America's leading litigation firms and attorneys, has ranked McKool Smith Tier 1 in intellectual property and insurance ...

McKool Smith Principal Scott Hejny spoke with Law360 regarding the U.S. Patent and Trademark Office proposed formal rules for the amendments of patents in the America ...

McKool Smith Principal Doug Cawley will be speaking at the Practising Law Institute (PLI) program "Trial by Jury 2019" on November 1st in New York.  The course will give a ...

McKool Smith Principals Lisa Houssiere and Lauren Varnado will be honored as one of the Top 50 Women Lawyers during The National Diversity Council’s Legal Diversity Week ...

On October 4, 2019, the U.S. Court of Appeals for the Federal Circuit affirmed McKool Smith’s inter partes review (IPR) trial victory on behalf of patent owner Dr. Ford ...

Kat Li will speak at the Federal Circuit Bar Association Global Series conference in Hawaii on October 16. Kat will moderate a panel on Innovation and Key Asian Developments.

McKool Smith Principal Holly Engelmann will speak at the 2019 Women in Law Institute to be held in Los Angeles on October 18th.  Holly will be speaking on "Demonstrating ...

Kat Li will speak at the American Bar Association Section of Intellectual Property’s IP West conference in San Antonio, Texas on October 3, 2019. Kat is a panelist on ...

McKool Smith is among the ten law firms designated “Awesome Opponents” in BTI Consulting’s 2020 Litigation Outlook survey of more than 350 general counsel and other ...

Law360 recently published an article on BTI Consulting's 2020 Litigation Outlook report in which McKool Smith is recognized as an Awesome Opponent. BTI's surveyed more ...

McKool Smith is pleased to announce that seventeen of the firm’s principals have been selected for inclusion in the 2019 edition of the Lawdragon's guide to the 500 Leading ...

Houston Principal Lauren Varnado spoke with Texas Lawyer discussing Texas House Bill 3809, the potential for a sharp increase in sexual abuse lawsuits against major ...

Law360 has recognized McKool Smith as a “Texas Powerhouse” based on the firm’s courtroom achievements from July 1, 2018, to July 1, 2019. The publication notes that ...

McKool Smith has been awarded the 2019 “Litigation Department of the Year - Intellectual Property” by Texas Lawyer. The firm was selected for this prestigious honor ...

Law360 reported on a key insurance ruling for McKool Smith client Conduent State Healthcare v. AIG Specialty Insurance Co. on an issue of first impression under Delaware law ...

Texas House Bill 3809 goes into effect on Sept. 1 and will double the time in which child sex abuse victims can file civil claims against individual abusers as well as ...

New York recently enacted the Child Victims Act, extending the limitations period to age fifty-five for victims to bring claims of childhood sexual abuse against their ...

New York Principal Daniel Levy and senior counsel Doreen Klein co-authored a chapter in The Guide to Monitorships, published by Global Investigations Review, entitled ...

Principals Kat Li and Jennifer Truelove will be speaking at the upcoming Eastern District of Texas Bench Bar Conference.  Kat will be facilitating the discussion ...

Dallas Principal Ashley Moore was quoted by Law360 discussing a recent Federal Circuit decision that may influence how patent litigants approach claims construction ...

New York Principal Courtney Statfeld will moderate a panel at the Benchmark Women in Litigation NYC Forum in New York on September 17th.  The title of the panel is "Leaders ...

19 McKool Smith Principals from the Austin, Dallas, Houston, Los Angeles, Marshall, and New York offices have been selected for inclusion in the 2020 edition of “Best ...

Dallas Principal Lew LeClair was quoted by Law360 discussing a favorable Fifth Circuit decision obtained on behalf of client Archer & White Sales that will enable the dental ...

Austin Principal Kat Li and Associate James Quigley authored an article titled “O2 Micro Issues at the Federal Circuit a Decade Later” that was presented at the Texas ...

Dallas Principal Ashley Moore spoke with World IP Review (wipr) regarding the New AIA Practice Rules and the potential result of a decrease in patent challenges.  Ashley ...

Business Insurance recently published a report on a lawsuit that McKool Smith filed on behalf of firm client Cushman & Wakefield Inc. against American International Group ...

Houston principal Willie Wood spoke with Law360 about energy cases that should be watched closely in the second half of the 2019. In the article, Willie discusses the Sixth ...

On July 9, 2019, BestWeek published a report on a recent Delaware Superior Court ruling in favor of the firm’s client, Conduent State Healthcare, LLC, against AIG ...

Dallas principal Ashley Moore spoke with Law360 about recent and upcoming Supreme Court decisions impacting the patent litigation landscape. In the article, Ashley ...

Austin Principal Kat Li has been selected as a 2019 Fellow for the National Asian Pacific American Bar Association’s (NAPABA) Leadership Advancement Program, to be ...

McKool Smith was named Texas Intellectual Property Firm of the Year by Chambers USA. The award was presented at The Chambers Editors' Reception which celebrates ...

New York Associate Kevin Schubert was the featured speaker at the Intellectual Property Owners Association’s (IPO) conference on June 11, 2019.  Kevin spoke about recent ...

On May 23, 2019, the court issued a declaratory judgment in the case of HTC v. Ericsson, No. 18-cv-00243, pending in the United States District Court for the Eastern District ...

McKool Smith's most recent victory on behalf of TiVo's Rovi Corp. against Comcast Corp. before the International Trade Commission (ITC) is garnering widespread national ...

Houston Principal Lisa Houssiere recently discussed McKool Smith's growing presence in Latin America and her litigation experience in the energy sector.

You can access ...

New York Principal Associate Kevin Schubert published an article in Law360 titled “More Courts Are Applying IPR Estoppel Expansively.”  The article discusses how ...

Houston Principal Willie Wood will Chair Latin Lawyer’s 10^th Annual Oil & Gas Conference in Buenos Aires, Argentina on May 14, 2019.  The conference will focus on the issues ...

Houston Principal Lisa Houssiere and Senior Counsel Cecilia Ibarra-van Oostenrijk were profiled in Latin Lawyer's article entitled "McKool Smith hires former Norton ...

Austin Associate Charles Fowler contributed an article entitled "The Enforceability of Rule 11 Agreements Related to Pretrial and Trial Procedure" to The Litigation ...

Marshall Principal Samuel Baxter published an article in Texas Lawyer entitled "Jury Pools Likely Expanding in the Eastern District of Texas."  It focuses on the April 4th ...

Houston Principal Anthony J. Phillips co-authored an article in the May 2019 edition of CEP [Compliance and Ethics Professional] Magazine entitled "Effective ...

Houston Principal Lauren Varnado co-authored an article in Law360, “Maximizing Insurance Recovery For Energy Companies.”  The article discusses how the scale and ...

McKool Smith and the firm's trial lawyers surged once again in the 2019 edition of Chambers USA, which recognizes the firm as a leader across five key focus areas, including ...

Austin Principal Kat Li moderated a panel at the Federal Circuit Bar Association's 2019 Global Series, in Washington, DC, on April 29, 2019.  The title of the panel was ...

Marshall Principal Sam Baxter spoke with Texas Lawyer on a recent order by the Honorable Rodney Gilstrap, Chief United States District Judge of the United States ...

In episode 08 of Behind the Trial, we speak to giant of the trial bar, Gary Naftalis. Gary heads the litigation department and serves as firm Co-Chairman at Kramer Levin ...

Dallas Principal Scott Hejny authored an article, “The Downsides Of PTAB's New Claim Amendment Program,” published by Law360.  The article discusses how for several ...

Managing IP named McKool Smith “U.S. Plaintiff Firm of the Year” and “Patent Contentious Firm of the Year” for the Southern region of the United States at the ...

Dallas Principal Doug Cawley spoke with Bloomberg in several articles about The U.S. International Trade Commission ruling twice in a long-running patent battle between ...

McKool Smith secured a $13 million patent infringement verdict on behalf of Optis Wireless Technology, LLC and PanOptis Patent Management LLC (collectively ...

Houston Principal William "Willie" Wood has been named to Law360's Energy Editorial Advisory Board.  The purpose of the board is to get feedback on Law360's coverage and ...

The publication speculates that with intellectual property trial lawyer Alan Albright on the federal bench in Waco, the city could become a hotbed for patent litigation ...

Episode 07 of Behind the Trial features an interview with Diane Sullivan of Weil, Gotshal & Manges. Diane is considered one of the most prominent trial lawyers, having ...

Veteran trial lawyer William D. (“Willie”) Wood has joined the firm as a Principal in its Houston office with energy litigators Justin Tschoepe and Lauren Varnado ...

McKool Smith, one of the nation’s leading trial firms, announced that veteran trial lawyer William D. (“Willie”) Wood has joined the firm as a Principal in its Houston ...

Dallas Principals Gary Cruciani and Steven Wolens represent The Hawaii Director of Taxation against Expedia, Priceline, Hotwire, Orbits and Trip Network.  The high court ...

McKool Smith is pleased to announce that attorneys from the firm's Austin, Dallas, and Houston offices have been selected for inclusion in the Super Lawyers 2019 Texas ...

Benchmark Litigation honored McKool Smith as “Texas Law Firm of the Year” and presented the firm with the “Impact Case of the Year” award for winning a $145 million ...

Dallas Principal Steve Wolens authored an op ed piece that appeared in Dallas Morning News, “The Texas Ethics Commission is surprisingly nonpartisan. What can this group ...

New York Associate Kevin Schubert published an article in Law360 titled, “IPR Estoppel Increasingly Applies.”  The article discusses how district court decisions in ...

Austin Associate James Quigley participated on a panel entitled “Administrative Effects on the Plaintiff-Defendant Balance,” The Intersection of ...

McKool Smith obtained a defense verdict on behalf of Ericsson Inc. and Telefonaktiebolaget LM Ericsson in a breach of FRAND case brought by HTC Corporation and HTC America ...

Law360 reported, "A Texas federal jury on Friday rejected HTC's allegation that Ericsson is trying to overcharge on licensing fees for its standard-essential cellular ...

Episode 06 of Behind the Trial features an interview with United States District Judge William Alsup of the Northern District of California. Nominated to the federal bench ...

McKool Smith Hennigan is pleased to announce that attorneys from the firm’s Los Angeles office have been selected for inclusion in the 2019 edition of Southern ...

McKool Smith has been named an “Intellectual Property Practice Group of the Year” by Law360. The firm was selected as a result of its success and courtroom achievements ...

New York Principal Jeffrey Schwartz was quoted in The Wall Street Journal article "Lampert's Revised Bid for Sears Tops $5 Billion." The article discusses Edward ...

New York Principal Daniel Levy is quoted in a Global Times article, “China is Prepared to Respond to Canada if Extradition of Meng Wanzhou Materializes.” The article ...

McKool Smith is pleased to announce the promotion of six attorneys to Principals in the firm’s Austin, Dallas, Houston and New York offices, effective January 1, 2019.

On December 12, 2018, the Superior Court of Delaware granted summary judgment confirming the right of McKool Smith client AR Capital to coverage for the costs it incurred ...

Austin Principal Kat Li spoke at two events on December 4-5, 2018 during the 2018 U.S. – China Forum. She presented on “Venue in the United States after the Supreme ...

Los Angeles Principal Mike Swartz is representing Faraday Future against a Chinese real estate giant claiming the conglomerate committed “breaches” of its fiduciary ...

McKool Smith has received numerous accolades in the 2019 "Best Law Firms" rankings recently released by U.S. News - Best Lawyers. The firm received 27 “Tier 1” ...

Dallas Principal Ashley Moore contributed to a Law360 article, "New AIA Plan May Be A Tough Path To Patent Amendments." The article discusses the U.S. Patent and ...

McKool Smith’s intellectual property trial lawyers have a long history of winning significant patent cases involving complex and highly valued technology.  Our ...

McKool Smith is pleased to announce that 8 attorneys from the firm’s New York office have been selected for inclusion in the 2018 edition of New York Super Lawyers. The ...

Houston Principal Hugh Ray contributed to a Financial Times article titled "Sears Races to Avoid Outright Liquidation After Bankruptcy Filing."  The article ...

Benchmark Litigation, the definitive guide to America's leading litigation firms and attorneys, has ranked McKool Smith Tier 1 in intellectual property and insurance ...

Benchmark Litigation has recognized Mike McKool and Douglas A. Cawley among the “Top 100 Trial Lawyers in America” in the publication’s 2019 edition. The ...

Dallas Principal Ashley Moore will be discussing "Innovation and Global Patenting Strategies” and Austin Principal Kat Li will be discussing "Innovation and ...

McKool Smith has secured a $10 million verdict on behalf of Apex Parks Group (“Apex”) against Protective Life Insurance Company (“Protective”).  The verdict was ...

McKool Smith has secured a $10 million verdict on behalf of Apex Parks Group (“Apex”) against Protective Life Insurance Company (“Protective”).

The verdict was ...

McKool Smith Principals Steve Pollinger and Associate Kevin Schubert spoke at the 2018 Licensing Executive Society (LES) Annual Conference on October 14-17, 2018 in ...

McKool Smith is a finalist for The American Lawyer “National Boutique/Specialty Litigation Department of the Year.”  All finalists will be celebrated at a gala on ...

New York Associate Kevin Schubert will be speaking at the 2018 United States Patent and Trademark Office (“USPTO”) Post-Grant Trials program on September 21, 2018.  The ...

BTI Consulting recently released the inaugural BTI Legal Innovation and Technology Outlook 2019 featuring their first ever in-depth look at how clients rank law firms ...

Law360 has recognized McKool Smith as a “Texas Powerhouse” based on the firm’s courtroom achievements from July 1, 2017, to July 1, 2018. The publication notes that ...

Best Lawyers has recognized four of the firm's principals as 2019 "Lawyers of the Year" in their respective regions/practices areas. Based on peer reviews, only a single ...

McKool Smith has been awarded “Litigation Department of the Year” by Texas Lawyer (midsize category)! The firm was selected for this prestigious honor based on its ...

Dallas Principal Douglas A. Cawley has received the 2018 "Lifetime Achievement Award" from Texas Lawyer as a result of securing more than $1 billion in patent ...

Austin Principal Josh Budwin was recognized as a 2018 "Rising Star" by Texas Lawyer.  Josh was selected due to his contributions in some of McKool Smith’s most ...

McKool Smith secured a $10,553,565 patent infringement verdict on behalf of Optis Wireless Technology, LLC and PanOptis Patent Management LLC (collectively ...

On August 20, 2018, McKool Smith secured a significant victory before the U.S. Court of Appeals for the Ninth Circuit, reversing a lower court’s decision, and allowing a ...

On August 20, 2018, McKool Smith secured a significant victory before the U.S. Court of Appeals for the Ninth Circuit, reversing a lower court’s decision, and allowing a ...

McKool Smith principals from the Austin, Dallas, Houston, Los Angeles, Marshall, New York and Silicon Valley offices have been selected for inclusion in the 2019 edition of ...

Mike McKool, a founder and Chairman of McKool Smith, has been named "Litigator of the Week" by The AmLaw Litigation Daily following his success as lead trial counsel ...

McKool Smith, one of the nation’s leading trial firms, has secured a $145 million patent infringement verdict on behalf of Ottawa, Canada-based WiLAN ...

McKool Smith, one of the nation’s leading trial firms, has secured a $145 million patent infringement verdict on behalf of Ottawa, Canada-based WiLAN Inc. against Apple ...

On July 30, 2018, the Delaware Supreme Court, in a unanimous order written by Justice Vaughn, issued a decisive coverage victory for McKool Smith's client Teachers ...

On July 30, 2018, the Delaware Supreme Court, in a unanimous order written by Justice Vaughn, issued a decisive coverage victory for McKool Smith's client Teachers ...

McKool Smith, on behalf of the Planning and Conservation League, a nonprofit that advocates for sound planning and responsible environmental policy, prevailed in ...

McKool Smith secured a complete win for the firm’s client, patent owner Dr. Ford Albritton IV, in an inter partes review trial before the Patent Trial and Appeal ...

McKool Smith secured a complete win for the firm’s client, patent owner Dr. Ford Albritton IV, in an inter partes review trial before the Patent Trial and Appeal Board ...

Dallas Principal Ashley Moore, Houston Principal Joshua Newcomer, and New York Principals Zach Mazin and Courtney Statfeld have been recognized in Benchmark ...

Dallas Principal Steven Wolens has been re-elected Chairman of the Texas Ethics Commission (TEC). Steven was originally nominated last year by Speaker of the House Joe ...

McKool Smith Hennigan has once again played an integral role in the success of the "Food From The Bar" (FFTB) campaign. FFTB is an annual four-week charitable effort led by the ...

Join us for part two of our interview with iconic trial lawyer David Boies, Chairman of Boies Schiller Flexner, as he goes Behind the Trial to discuss how to deal with morality ...

Dallas Principal Frank Vecella published an article for an online book focused on helping Scandinavian companies minimize the risks and costs of U.S. litigation ...

Episode 04 of Behind the Trial features iconic trial lawyer David Boies, Chairman of Boies Schiller Flexner. David has handled some of the nation’s biggest cases and ...

Attorneys from the firm's Los Angeles office have been selected for inclusion in the Super Lawyers 2018 Southern California "Rising Stars" listing.

The Super ...

J. Michael Hennigan, a founding Principal of McKool Smith Hennigan, will be presented with the Los Angeles County Bar Association (LACBA) Shattuck-Price “Outstanding ...

Dallas Principal Douglas A. Cawley recently spoke with The Texas Lawbook about its report showing that newly filed patent infringement lawsuits are down more than 65 ...

BTI Consulting recently released the BTI Brand Elite 2018: Client Perceptions of the Best-Branded Law Firms, which ranks the law firms with the best brand standing among ...

The National Law Journal has recognized McKool Smith Principal Douglas A. Cawley as 2018 “Plaintiff Trailblazers” in the publication’s second annual listing of the ...

On March 10, 2018, Magistrate Judge Roy S. Payne of the U.S. District Court for the Eastern District of Texas reconsidered his order for a new trial on damages, and reinstated a ...

On May 10, 2018, Magistrate Judge Roy S. Payne of the U.S. District Court for the Eastern District of Texas reconsidered his order for a new trial on damages, and reinstated a ...

McKool Smith’s website has been awarded six 2018 Communicator Awards, including two “Awards of Excellence” (the highest honor) for both Visual Appeal Function and ...

McKool Smith secured a final judgment for Verizon from the Delaware Superior Court, which entitles Verizon to more than $40 million in coverage for defense costs, plus ...

Dallas Principal Scott Hejny and Chelsea Priest published an article in Law360 titled, “SAS Indirectly Strengthens The Impact Of Estoppel.”  The article discusses how ...

McKool Smith Principals Steve Pollinger, and Nick Mathews, will be leading panel discussions at the Licensing Executive Society International’s (LESI) Annual ...

Bloomberg Law contacted New York Principal John Briody to comment on the antitrust significance of the recent report by the Independent Commission on College Basketball.  ...

On Friday, April 20, 2018, McKool Smith secured a summary judgment ruling from the U.S. District Court for the Northern District of Illinois which allows Cushman & ...

On Friday, April 20, 2018, McKool Smith secured a summary judgment ruling from the U.S. District Court for the Northern District of Illinois which allows Cushman & ...

McKool Smith and the firm's trial lawyers are highly regarded in the 2018 edition of Chambers USA, which recognizes the firm as a leader across five key focus areas ...

Episode 03 of Behind the Trial features Elkan Abramowitz of Morvillo Abramowitz Grand Iason & Anello PC, one of the nation’s leading trial lawyers and a giant in the white ...

McKool Smith, one of the nation’s leading trial firms, has announced that trial lawyer J. Wiley George has joined the firm as a Principal in its Houston office. Mr. George ...

McKool Smith is pleased to announce that four of the firm’s principals have been selected for inclusion in the 2018 Lawdragon 500 listing of the “Leading Lawyers in ...

McKool Smith Hennigan, lead counsel to The Roman Catholic Archbishop of Los Angeles and the California Institute of the Sisters of the Most Holy and Immaculate Heart of the ...

McKool Smith is pleased to announce that attorneys from the firm's Austin and Dallas offices have been selected for inclusion in the Super Lawyers 2018 Texas “Rising ...

Austin Principal Kat Li will be providing insight on the 2017 Federal Circuit and Supreme Court Year In Review, hosted by the Austin Intellectual Property Law ...

Our second episode features part 2 of our conversation with Evan R. Chesler, Chairman of Cravath and one of the nation’s most accomplished trial lawyers. Evan went Behind ...

McKool Smith has been recognized as a “Trial Group of the Year” by Law360 as a result of its success in the courtroom from October 2016 to October 2017 in antitrust ...

McKool Smith Co-Founder and Chairman Mike McKool accepted a National Impact Case Award at the 2018 Benchmark Litigation awards reception in New York City on February 15 for ...

McKool Smith Principal Kirk Dillman was honored with the 2018 Jim Robbie Award from the Litigation Section of the Los Angeles County Bar Association during the ...

McKool Smith and Benchmark Litigation have collaborated to produce “Behind the Trial,” a podcast featuring the nation’s most iconic trial lawyers. 

Lawdragon recently published a feature article on Behind the Trial, a podcast produced by Benchmark Litigation in association with McKool Smith. You can find it here.

Click ...

McKool Smith Hennigan is pleased to announce that attorneys from the firm’s Los Angeles office have been selected for inclusion in the 2018 edition of Southern ...

Episode 01 features Evan R. Chesler, Chairman of Cravath, Swaine & Moore LLP and one of the nation's most accomplished trial lawyers. Evan went Behind the Trial to discuss the ...

McKool Smith and Benchmark Litigation have collaborated to produce “Behind the Trial,” a podcast featuring the nation’s most iconic trial lawyers. 

Behind the ...

Welcome to Episode 00 of the Behind the Trial podcast series. Episode 00 also takes us to Times Square as our man on the street interviews people to learn more about some of the ...

McKool Smith has been named an “Insurance Practice Group of the Year” by Law360 for the second consecutive year. The firm was selected as a result of its success and ...

McKool Smith and Benchmark Litigation have collaborated to produce “Behind the Trial,” a podcast featuring the nation’s most iconic trial lawyers.

Behind the ...

Law360 reported that an Iowa federal court has ruled that Liberty Mutual Insurance Co. must foot the bill for McKool Smith client Pella Corp.’s defense as the window maker ...

McKool Smith Principal Nicholas Mathews has been recognized among D Magazine’s “Best Lawyers Under 40 in Dallas.” The publication recently launched its ...

There has been extensive media coverage regarding McKool Smith’s major win on behalf of client Wi-Fi One LLC before the United States Court of Appeals for the Federal ...

On January 8, 2018, the United States Court of Appeals for the Federal Circuit announced its decision in favor of McKool Smith client Wi-Fi One LLC, ruling en banc that ...

McKool Smith is pleased to announce the promotion of four attorneys to Principals in the firm’s New York, Dallas, Los Angeles, and Austin offices, effective January 1 ...

Dallas Principal Lew LeClair was recognized as “Appellate Lawyer of the Week” by Texas Lawyer for his work convincing the 5^th Circuit to agree to vacate a motion to ...

Law360 recently spoke with Austin Principal John Campbell regarding the Federal Circuit’s decision to vacate summary judgment of noninfringement for lock maker Travel ...

Houstonia magazine has included Kristin Leveille among its annual list of “Top Lawyers.” Kristin is an associate in the Houston office of McKool Smith. She focuses ...

McKool Smith has secured a $75 million patent infringement verdict on behalf of Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively “Ericsson”) against ...

Houston Principal Hugh Ray, head of McKool Smith’s bankruptcy group, is quoted in an article by S&P Global Market Intelligence entitled “Armstrong Energy considers ...

McKool Smith secured a jury award of $10 million in punitive damages for the firm’s client The Roman Catholic Archbishop of Los Angeles and the California Institute of the ...

McKool Smith Principals John Briody and Lew LeClair are included among Law360’s “Legal Lions” for securing a $250 million settlement on behalf of a certified class of ...

Law360 recently reported on a significant win that McKool Smith helped secure on behalf of TiVo’s Rovi Corp. against Comcast Corp. in the International Trade Commission ...

McKool Smith's victory on behalf of TiVo's Rovi Corp. against Comcast Corp. before the International Trade Commission (ITC) is garnering widespread national media ...

Laurie Fitzgerald

In a forceful speech^[1] delivered on November 10, 2017, the new leader of the Antitrust Division of the United States Department of Justice, Assistant ...

McKool Smith Hennigan's $15 million jury verdicts on behalf of The Roman Catholic Archbishop of Los Angeles and the California Institute of the Sisters of the Most Holy and ...

McKool Smith Hennigan secured a $5 million jury verdict on behalf of The Roman Catholic Archbishop of Los Angeles and the California Institute of the Sisters of the Most Holy ...

McKool Smith’s antitrust litigation practice was awarded for “Outstanding Antitrust Litigation Achievement in Private Law Practice” at The American Antitrust ...

Austin Principal Lindsay Leavitt and Austin Associate Kat Li will be speaking at the 22nd Annual Advanced Patent Law Institute on November 3, 2017 in Austin, Texas.  Their ...

McKool Smith has received numerous accolades in the 2018 "Best Law Firms" rankings recently released by U.S. News - Best Lawyers. The firm received 26 “Tier 1” ...

Dallas Principal Ashley Moore recently spoke to law students at Indiana University’s Robert H. McKinney School of Law.  Her topic: careers and trends in intellectual ...

Recently, the Delaware bankruptcy court has seen what critics say were overly broad bids to seal information — typically either salaries for executives or information ...

New York Principal Dan Levy recently presented a CLE course for Lawline on trends in cross-border criminal enforcement.

More and more, the U.S. Department of Justice is ...

Benchmark Litigation, the definitive guide to America's leading litigation firms and attorneys, has ranked McKool Smith Tier 1 in intellectual property and insurance ...

McKool Smith has been named the “Insurance Litigation Department of the Year" by The New York Law Journal based on the firm’s success in securing a number of significant ...

Benchmark Litigation has recognized Mike McKool and Douglas A. Cawley and among the “Top 100 Trial Lawyers in America” in the publication’s 2018 edition. The ...

Austin Associate Kat Li will be discussing patent enforcement in China at the USPTO’s China Intellectual Property Road Show, “Strategies for IP Protection in China ...

McKool Smith Principal Sam Baxter was presented with the John Hannah, Jr. Award for Public Service at the Eastern District of Texas (EDTX) Bench Bar Conference in Plano on ...

McKool Smith joined forces with the Brazilian firm of Licks Attorneys to present a panel discussion called “Global Patent Enforcement to Maximize Portfolio Value ...

New York Principal Daniel Levy will be speaking at the 16^th Annual ACAMS Anti-Money Laundering & Financial Crime Conference in Las Vegas on September 25-27, 2017. The ...

Houston Principal Hugh Ray discussed the retail giant’s bankruptcy with Bloomberg in an article titled “How Toys ‘R’ Us Collapsed So Quickly.”  The article ...

McKool Smith will be sponsoring a cocktail reception and fireside chat on Monday, October 9th at Jackson Square Ventures' office in San Francisco, California.  The venture ...

McKool Smith is pleased to announce that 6 attorneys from the firm’s New York office have been selected for inclusion in the 2017 edition of New York Super Lawyers. The ...

New York Principal Courtney Statfeld will be moderating a panel discussion at the Benchmark Litigation Women in Litigation Forum in New York City on September 19, 2017.  The ...

McKool Smith has been awarded 2017 “Litigation Department of the Year” by Texas Lawyer (midsize category).  The firm was selected for this prestigious honor based on its ...

J. Michael “Mike” Hennigan, a founding principal of McKool Smith’s Los Angeles office, was recently awarded the University of Arizona College of Law “Lifetime ...

Dallas Principal Douglas Cawley was awarded Texas Lawyer's 2017 Professional Excellence Award for Distinguished Leadership on September 6 at a ceremony in ...

Law360 covered McKool Smith's recent victory for Standard General, a private hedge fund specializing in distressed debt.  The decision holds that The Travelers ...

McKool Smith principals from the Austin, Dallas, Houston, Los Angeles, Marshall, New York and Silicon Valley offices have been selected for inclusion in the 2018 edition of ...

Dallas Principal Ashley Moore,  Houston Principal Joshua Newcomer, and New York Principal Zach Mazin have been recognized in Benchmark Litigation’s 2017 ...

New York Principal John Briody was recently named a “Winning Litigator” for his recent achievement in securing two high-profile victories in less than two years ...

The California Supreme Court has affirmed McKool Smith's defense win on behalf of global law firm Latham & Watkins and Latham partner Dan Schecter in a malicious prosecution ...

McKool Smith's $9.4 million jury verdict on behalf of legendary music producer Quincy Jones against the Michael Jackson estate is garnering widespread national media ...

On Friday, July 21, 2017, McKool Smith secured a Summary Judgment ruling from the U.S. District Court for the Southern District of New York which allows Medidata Solutions ...

McKool Smith secured a $9.4 million jury verdict on behalf of legendary music producer Quincy Jones against the late music icon Michael Jackson’s production company, MJJ ...

Billboard Magazine recently reported on McKool Smith's successful representation of legendary music producer Quincy Jones in securing a $9.4 million jury verdict ...

LOS ANGELES (July 26, 2017) -- McKool Smith has secured a $9.4 million jury verdict on behalf of legendary music producer Quincy Jones against the late music icon Michael ...

Austin Principal Steve Pollinger has published an article in Law360 titled “How Many Bites At The Apple After A PTAB Challenge?” that reviews takeaway points ...

New York Principal Daniel Levy contributed to a Law360 article on the resentencing of Arnold M. Bengis, a lobster thief who plundered South African fisheries from 1987 until ...

On Friday, July 21, 2017, McKool Smith secured a Summary Judgment ruling from the U.S. District Court for the Southern District of New York which allows Medidata Solutions ...

Austin Associate Kat Li will be speaking at the U.S. 337 Investigation Technical Seminar in Washington, D.C. on July 18 and 20, 2017, to Trade Remedy and Investigation Bureau ...

Houston Principal Hugh Ray spoke with Law360 about the formation of an official tort claimants committee which is expected to give those affected by Takata’s defective ...

Dallas Principal Steven Wolens, who was recently elected chairman of the eight-member Texas Ethics Commission (TEC), spoke with My San Antonio just days before Texas ...

McKool Smith Hennigan has once again played an integral role in the success of the "Food From The Bar" (FFTB) campaign. FFTB is an annual four-week charitable effort led by the ...

Austin Principal Steve Pollinger spoke with Law360 about the U.S. Supreme Court's decision to weigh the constitutionality of America Invents Act inter partes reviews ...

McKool Smith, one of America’s leading trial firms, has announced that Dallas Principal Steven Wolens has been elected Chairman of the Texas Ethics Commission.  Wolens ...

Austin Associate Kat Li traveled to China this month to speak at several events. She presented on Blockbuster U.S. Supreme Court IP cases at a seminar on “Intellectual ...

Douglas A. Cawley will be speaking at the 2017 Federal Circuit Bench & Bar Conference taking place June 21-24, 20017 in Coeur d'Alene, Idaho. Mr. Cawley’s panel is titled ...

New York Principal Courtney Statfeld Tippett recently spoke with American Banker about law suits filed against banks by municipalities concerning predatory lending ...

McKool Smith ranks as one of the top five firms in the nation for representing patent holders in IPR disputes according to a recent case study by Patexia, an online patent ...

New York Principal Courtney Statfeld Tippett explains why she prepares each case as if it’s going to go to trial and the skillsets required for success in litigation as part ...

An attorney from the firm's Los Angeles office have been selected for inclusion in the Super Lawyers 2017 Southern California "Rising Stars" listing.

The Super ...

Austin Principal Steve Pollinger recently commented on the departure of former USPTO director Lee.  Mr. Pollinger said Lee “sought to make patent-eligibility issues ...

McKool Smith has once again earned The Legal 500’s recognition as a top tier U.S. firm for patent litigation and insurance: advice to policyholders. According to the ...

McKool Smith and 10 of the firm’s principals have been recognized in the 2017 edition of Chambers USA, a guide to the leading law firms and attorneys in the United States.

Ashley Moore provides her insights on the challenges of representing underdogs against some of biggest companies in the world including Google, Apple, Facebook, as part ...

Law360 is reporting on McKool Smith’s recent announcement that it has hired two experienced financial litigators, Christopher P. Johnson and Zachary W. Mazin, in its New ...

McKool Smith client CXA, an investor in residential mortgage-backed securities, has objected to the U.S. Securities and Exchange Commission’s revised plan to ...

For more than two decades, McKool Smith has been a major supporter of Vogel Alcove's fundraising efforts to combat child homelessness in Dallas.  On May 11th, singer Kenny ...

McKool Smith, one of the nation’s leading trial firms, has announced that commercial litigators Christopher P. Johnson and Zachary W. Mazin will be joining the firm as ...

Media outlets are reporting on McKool Smith's recent success, securing a $131.4 million verdict against GE concerning allegations that the company engaged in ...

Los Angeles Principal Kirk Dillman provides his perspective on a recent settlement by Theranos, a biotech startup accused of making false statements and ...

McKool Smith, one of America’s leading trial firms, represented Red Lion Medical Safety, Inc. and 16 other plaintiffs in securing a $131.4 million verdict against ...

Lawdragon has announced the 2017 inductions into the "Hall of Fame" which celebrates lawyers whose mark on the legal profession is indelible. McKool Smith ...

Dallas Principal Frank Vecella is featured in a Dallas Business Journal article titled “Dallas' Fastest Growing Private Company Files Patent, Copyright ...

McKool Smith Managing Principal David Sochia was recently featured in an extensive interview with The AmLaw Litigation Daily. During the interview, David provided ...

Dallas Principal Steve Wolens was featured in a documentary that discusses the Electric Reliability Council of Texas launching the competitive retail electric market ...

McKool Smith is recognized in the 2017 edition of Chambers Global for having a leading intellectual property litigation practice in the United States. The publication ...

Houston principal Hugh Ray provided commentary to The Street in an article about how “fast fashion” retailers have largely been immune to the challenges crippling ...

McKool Smith Principal Sam Baxter was featured in a national broadcast of Sunday Today on NBC in a segment titled “Lawsuit Town, USA,” which focused on Marshall, Texas ...

McKool Smith was recently awarded Managing IP North America’s “Plaintiff IP Firm of the Year,” and “Patent Contentious Firm (South).”  The awards ceremony and ...

In a March 2, 2017 decision, McKool Smith secured a decisive victory for its clients Verizon Communications Inc., Verizon Financial Services LLC and GTE Corporation ...

McKool Smith is pleased to announce that attorneys from the firm's Austin, Dallas, and Houston offices have been selected for inclusion in the Super Lawyers 2017 Texas ...

Dallas principal Lew LeClair has been appointed to Law360’s 2017 Legal Ethics editorial advisory board. Lew, along with eight other prominent attorneys, will ...

McKool Smith Chairman and co-founder Mike McKool along with firm principals Douglas Cawley, Sam Baxter, and William LaFuze have been selected for inclusion ...

Kat Li will be speaking at the 30th Annual Course Advanced Intellectual Property Law TexasBarCLE in Austin on February 23-24, 2017. Kat's panel, “Preparing an IPR ...

Mike McKool was honored with Benchmark Litigation’s prestigious “Lifetime Achievement Award” at the 2017 Benchmark Litigation U.S. awards reception in New York ...

McKool Smith has been named an “Insurance Practice Group of the Year” by Law360. The firm was selected as a result of its success and courtroom achievements in a number of ...

Austin managing principal Steve Pollinger recently published an article in Law360 titled, “Much More Than East Texas Is At Stake In TC Heartland.” The article explains ...

Washington, D.C. associate Benjamin Christoff recently published an article featured by the American Bar Association; “TC Heartland, the VENUE Act, and the Direction ...

Dallas principal Frank Vecella discussed a number of best practices for in-house counsel to effectively manage their outside legal teams in a Law360 report titled “How ...

McKool Smith, one of America’s leading trial firms, has announced that Frank Vecella, the former Associate General Counsel of Litigation at Ericsson Inc., has joined the ...

McKool Smith served as lead counsel to Givaudan Fragrances Corporation in securing a victory for corporate policyholders with far reaching implications in protecting a ...

Steven Pollinger, Managing Principal of the firm’s Austin office, published an article in Law360 titled “Why Can’t A Method Be Sold, Just Like Any Other ...

Previous comments on anti-bribery enforcement endorsed by Jay Clayton, chosen by President-elect Donald Trump to lead the Securities and Exchange Commission, have ...

McKool Smith is pleased to announce the promotion of an attorney to principal in the firm’s New York offices, effective January 1, 2017.

“Our new principal has made their ...

McKool Smith's victory on behalf of Warren Pumps In the Matter of Viking Pump Inc. and Warren Pumps LLC Insurance Appeals, topped Law360’s listing of the “Biggest ...

McKool Smith recently secured a landmark decision for its client Teachers Insurance and Annuity Association of America (“TIAA”), College Retirement Equities Fund ...

Steve Pollinger, Managing Principal of the firm’s Austin office recently discussed the hotly contested issue of subject matter eligibility under 35 U.S.C. §101 in an ...

McKool Smith has received numerous accolades in the 2017 "Best Law Firms" rankings recently released by U.S. News - Best Lawyers. The firm received 26 “Tier 1” ...

Judge Jan Jurden of the Delaware Superior Court granted summary judgment in favor of McKool Smith's client, retirement services provider TIAA-CREF, finding that a civil ...

An Iowa federal judge granted summary judgment to McKool Smith's client, window and door manufacturer Pella Corporation, ruling that  Liberty Mutual Insurance must cover ...

Benchmark Litigation, the definitive guide to America's leading litigation firms and attorneys, has ranked McKool Smith Tier 1 in intellectual property and insurance ...

The study classifies PAEs into two categories: Portfolio PAEs and Litigation PAEs. Portfolio PAEs are strongly capitalized, purchase patents outright, and negotiate ...

To better understand how PAE behavior compares with the behavior of other firms that assert patents, the FTC conducted a case study focused on litigation and licensing ...

The study “recognizes that infringement litigation plays an important role in protecting patent rights, and that a robust judicial system promotes respect for the ...

The study provides empirical evidence confirming that only a very limited subset of PAEs (i.e. certain Litigation PAEs) engage in what has been deemed by some observers and ...

Kat Li will be participating in a panel discussion at the Eastern District of Texas 2016 Bench Bar Conference in Plano, Texas on October 19, 2016.  Kat's panel is titled ...

The Federal Circuit affirmed the district court’s grant of summary judgment that Electric Power’s claims are invalid under Section 101 for being directed to patent ...

The Federal Circuit affirmed the district court’s denial of GPNE’s post-trial motions following the jury’s verdict of non-infringement.  The patents-at-issue are ...

The district court stayed the entire infringement litigation—involving a total of five asserted patents—in light of the pending inter partes review of the three ...

The patent-at-issue related to multi-layer, thermoplastic stretch wrap films.  The independent claims of the patent included an element of “five identifiable inner ...

This case returned to the Federal Circuit from the Supreme Court following the Supreme Court’s decision rejecting the Seagate test for enhanced damages under Section 284 ...

The patent-at-issue relates to spinal surgery involving implanting an artificial implant between two adjacent vertebrae from a patient’s side.  The PTAB, in an IPR ...

This case involved an appeal of an ex parte reexamination of a patent that expired during the reexamination proceedings.  Here, after the examiner issued a final rejection ...

Vapor Point sued NanoVapor to add two of Vaper Point’s employees, who had previously worked at NanoVapor, as inventors on two of NanoVapor’s patents. NanoVapor ...

This case involved an appeal of an inter parte review decision in which the Board invalidated certain claims of a patent, because it found that the missing limitation in the ...

In an order granting the petition for rehearing en banc, the Federal Circuit vacated its previous panel decision in In re: Aqua Products, Inc., 823 F.3d 1369 (Fed. Cir. 2016 ...

The district court granted defendants’ motion for summary judgment of invalidity based on lack of written description, under § 112(1). It reasoned that the invention ...

In an inter partes review, the Patent Trial and Appeal Board, in addition to finding the challenged claims to be obvious, denied the patent owner’s motion to ...

On Monday, September 26, 2016, Texas House Speaker Joe Straus announced that Dallas principal Steve Wolens has been appointed to the eight-member Texas Ethics ...

McKool Smith principal Steve Pollinger will be leading a webinar on “University Patent Licensing and Enforcement,” on September 26^th at 1:00PM EST.  The panel will ...

McKool Smith is pleased to announce that 7 attorneys from the firm’s New York office have been selected for inclusion in the 2016 edition of New York Super Lawyers. The ...

Dallas principal Douglas A. Cawley will be participating in a roundtable discussion at the Trial by Jury of Patent Cases conference in New York City on September 20^th, 2016.  ...

Dallas principal Ashley Moore will be speaking at the Indiana University School of Law's Center for Intellectual Property Law and Innovation Event.  Ashley's ...

McKool Smith has secured another landmark decision for its client Warren Pumps LLC, this time from the Supreme Court of the State of Delaware, in a September 12, 2016 ruling ...

McKool Smith principal Robert Manley will be speaking at Texas Lawyer’s In-House Counsel Event in Dallas, Texas on September 15, 2016.  The In-House Counsel CLE series ...

As reported by the Delaware Business Court Insider on September 12, 2016, McKool Smith has secured another landmark decision for its client Warren Pumps LLC, this time from ...

McKool Smith has secured another landmark decision for its client Warren Pumps LLC, this time from the Supreme Court of the State of Delaware, in Viking Pump, applying New ...

McKool Smith is pleased to announce that 10 principals from the firm’s Austin, Dallas, and Houston offices have been selected for inclusion in the 2016 edition of ...

McKool Smith principal Sam Baxter has been awarded the Texas Lawyer 2016 “Lifetime Achievement Award” for Professional Excellence. The honor recognizes lawyers who ...

McKool Smith regularly publishes a summary of cases decided by the U.S. Court of Appeals for the Federal Circuit to ensure that our attorneys and clients are aware of ...

McKool Smith secured a complete defense win for its client Parallel Networks in an inter partes review trial before the Patent Trial and Appeal Board (PTAB) against ...

McKool Smith principal John Campbell will be a panelist in a webinar hosted by the Intellectual Property Owners Association at 2:00 EST on August 30, 2016.  The webinar ...

The claims-at-issue related to a method of producing a preparation of multi-cryopreserved hepatocytes that are capable of being frozen and thawed at least two times and in ...

This case involved a dispute over the meaning of the 42 U.S.C. § 262(l)(8)(A) notice provision involving companies seeking to obtain “biosimilar-product” licenses ...

This case involved product-by-process claims for a form of bivalirudin.  More than one year prior to the filing date of MedCo’s patent applications, it retained a company ...

Deca requested inter partes reexamination of Skyhawke’s patent.  The Examiner and the PTAB both agreed that Skyhawke’s patent was patentable over Deca’s prior art ...

WBIP’s patents related to marine engines for use on houseboats that produced reduced amounts of carbon monoxide exhaust.  Elevated amounts of carbon monoxide in engine ...

The Federal Circuit vacated the district court’s determination that it lacked personal jurisdiction over a Finnish defendant, Suunto.  Suunto received orders for ...

This case involved patents directed to a remote speech recognition system.  The district court construed the claims and, based on those constructions, granted Apple’s ...

The patent-at-issue involved technology in the field of oil drilling through the use of hydraulic fracturing (“fracking”).  The Federal Circuit reversed the PTAB’s ...

Illumina (one of the plaintiffs) sued Ariosa for infringement of its non-invasive prenatal diagnostic test patents, and Ariosa countersued for breach of a supply ...

The Federal Circuit affirmed the district court’s indefiniteness determination. The district court had found that the terms “symbol generator” and “CPU ...

McKool Smith won an inter partes review trial after institution for its client Parallel Networks.  Microsoft and IBM submitted multiple requests for inter partes review of ...

Dallas-based principal Ashley Moore and Houston-based principal Joshua Newcomer have been recognized in Benchmark Litigation’s inaugural “Under 40 Hot List.” ...

McKool Smith principals from the Austin, Dallas, Houston, Los Angeles, Marshall, New York and Silicon Valley offices have been selected for inclusion in the 2017 edition of ...

Best Lawyers has recognized two of the firm's principals as 2017 "Lawyers of the Year" in their respective regions/practices areas. Based on peer reviews, only a single ...

McKool Smith represented Unwired Planet before the United States Court of Appeals for the Federal Circuit in an effort to convince the panel to overturn a Nevada federal ...

The Federal Circuit addressed this case following vacatur and remand from the Supreme Court for further consideration in light of Commil v. Cisco.  The issue for the Federal ...

Following the district court’s constructions for four claims terms, the parties stipulated to non-infringement, and the district court entered final judgment in favor ...

The Federal Circuit affirmed PTAB’s decisions in two IPR proceedings that found the claims of two patents to be invalid as being obvious.

Biomarin requested an IPR on ...

The Federal Circuit affirmed the PTAB’s finding in an inter partes reexamination that the claims of Allied’s patent, US 7,121,489, which is directed to heavy machinery ...

This case involved the single issue of whether, under 35 U.S.C. § 120, a continuation patent application that is filed on the same day that the underlying parent patent issues ...

Judge Newman dissents from the denial of Ethicon’s petition for rehearing en banc.  Judge Newman criticizes the PTO’s rule-making authority which, pursuant to 37 ...

Mike McKool, a founder and Chairman of McKool Smith, and firm principal Sam Baxter have been recognized as “Legends of the 500” by Lawdragon based on their inclusion in ...

McKool Smith's recent victory on behalf of Warren Pumps before New York’s highest court, the Court of Appeals, topped Law360’s listing of the "Biggest Insurance ...

McKool Smith has announced that Dallas-based principal David Sochia has been appointed Managing Principal of the firm following Gary W. Eden’s decision to step down from ...

McKool Smith has secured a landmark decision for its client Warren Pumps LLC from New York’s highest court, the Court of Appeals, on an issue of first impression in New York ...

Intelligent Bio-Systems filed an Inter Partes Review proceeding in the PTO seeking to invalidate Illumina’s patent as being obvious under Section 103.  Illumina’s ...

The Federal Circuit clarified the inquiry for identifying abstract ideas.   Patent claims (even if software related) that “are directed to a specific improvement to the ...

This case involved two issues: (1) the correctness of the district court’s construction of the term “essentially midway” referring the location of a recess along a ...

In an ANDA case, Watson contended that claim 4 of the Merck’s patent was invalid under the on sale bar of Section 102(b).  The district court held that claim 4 was not invalid ...

In this ANDA case involving claims directed to a hydrogel for topical treatment, the district court found the claims to be infringed under the doctrine of equivalents and ...

The district court dismissed the case on the grounds that Diamond Coating lacked standing, as it had not received all of the necessary patent rights in the transaction with ...

The claims at issue were directed to a method and system for taking, transmitting, and organizing digital images by assigning classification information to the images ...

Aqua Products appealed the PTAB’s denial of its motion to amend its claims in the IPR proceeding on two grounds: (1) that the PTAB misinterpreted the Patent Office’s ...

Profectus’ patent claims at issue were directed to “mountable” digital picture frames for displaying digital images.  Defendants’ sold tablet computer devices.  ...

The claims-at-issue are directed to a process for producing purified benzene requiring a final step of fractionalizing to form a purified benzene product comprising at ...

In this Order, the Federal Circuit dismissed the appeal from a non-final adjudication from the PTAB.  Arunachalam appealed to the Federal Circuit from the examiner’s ...

This appeal involves the construction of the claim term “communications path.”  The district court construed it to be limited to wired communications thereby ...

Houston principal Hugh Ray discusses the rise in Houston’s energy-related bankruptcies in a recent article published by the Houston Business Journal titled ...

The America Invents Act (AIA) has ushered in a new era for post-issuance validity challenges of patents before the United States Patent and Trademark Office (USPTO). To help ...

McKool Smith Hennigan has once again played an integral role in the success of the "Food From The Bar" (FFTB) campaign. FFTB is an annual four-week charitable effort led by the ...

McKool Smith has once again earned The Legal 500’s recognition as a top tier U.S. firm for patent litigation. According to the directory, McKool Smith’s patent ...

Ashley Moore will be speaking at the third annual Managing IP Women's Leadership Forum in New York City on June 9, 2016. Ashley's panel, "The Importance of Leadership in ...

McKool Smith has been ranked as one of the nation’s leading intellectual Property (IP) litigation firms in Managing Intellectual Property’s 2016 edition of “IP ...

McKool Smith received top national and regional ranking for the fifth consecutive year in the 2016 edition of IAM Patent 1000: The World’s Leading Patent Practitioners.

McKool Smith Hennigan is pleased to announce that attorneys from the firm’s Los Angeles office have been selected for inclusion in the 2016 edition of Southern ...

McKool Smith and 9 of the firm’s principals have been recognized in the 2016 edition of Chambers USA, a guide to the leading law firms and attorneys in the United States.

McKool Smith principal Robert Manley contributed to a study conducted by PricewaterhouseCoopers called “Daubert Challenges to Financial Experts” which discusses ...

Dallas principal Holly Engelmann will be speaking at the Dallas ABA Judicial Intern Opportunity Program Orientation in Dallas on June 2, 2016.  The Program provides ...

In SAS Institute, Inc. v. ComplementSoft, LLC (Fed. Cir. June 10, 2016), the Federal Circuit vacated and remanded a PTAB finding of patentability due to a changed claim ...

The Supreme Court issued its Cuozzo opinion on June 20, 2016, affirming that (1) PTAB decisions to institute an inter partes review are not appealable and (2) that the PTAB may ...

On June 14, 2016, the Federal Circuit stated that parties must expect the introduction of new evidence after the PTAB’s institution decision for an inter partes review ...

On May 26, 2016, the United States Court of Appeals for the Federal Circuit issued a Rule 36 affirmance of a District Court judgment of non-infringement and invalidity that ...

On May 26, 2016, the United States Court of Appeals for the Federal Circuit issued a Rule 36 affirmance of a District Court judgment of non-infringement and invalidity that ...

The PTO recently released a Motion to Amend Study, assembling data regarding the filing and success rates of motions to amend in AIA proceedings. Parties have filed motions ...

The Patent Trial and Appeal Board has designated five additional AIA opinions as precedential, bringing the total count to eight. The PTAB’s “Decisions” page links ...

McKool Smith’s bankruptcy practice received an award for Energy & Services “Restructuring of the Year” at the prestigious Global M&A Network 8^th Annual Turnaround ...

Geotag appealed the district court’s decision: (1) dismissing Google’s declaratory judgment complaint while retaining jurisdiction over GeoTag’s infringement ...

Simpleair sued Google for infringement of its patent relating to data communications connecting on-line networks with on-line and off-line computers.  The jury found that ...

The Federal Circuit affirmed the district court’s grant of summary judgment that equitable estoppel precludes prosecution of High Point’s lawsuit against Sprint.  ...

Cardpool appealed the ruling of the district court denying the parties’ joint motion to vacate the district court’s judgment of patent invalidity insofar as the ...

In this IPR proceeding, the PTAB cancelled all of the claims-at-issue as being obvious over the asserted prior art.  The claims related to wheelchairs designed to travel ...

HP, who instituted the IPR on MPHJ’s patent, appeals the decision of the PTAB finding claim 13 not anticipated by the prior art.  HP’s petition alleged anticipation and ...

Following a jury trial, in which the jury found that Rembrandt’s patent had not been infringed by Johnson & Johnson, Rembrandt learned through an investigation of its own ...

The Federal Circuit affirmed the district court’s dismissal based on the patent claims being directed to ineligible subject matter under Section 101.  The claims at issue ...

In a design patent case involving the design of a personal flotation device having two arm bands connected to a torso piece, the Federal Circuit reversed the finding of ...

The court reversed the PTAB’s constructions, under the broadest reasonable interpretation standard, of the terms “adapted to be held by the human hand” and “thumb ...

The district court granted a motion to dismiss Mankes’ complaint on the grounds that he could not establish direct infringement under the law of “joint infringement” ...

Kraft Foods Group sued TC Heartland in Delaware for infringement of Kraft’s patents.  Heartland is an Indiana company that is headquartered in Indiana.  Heartland is not ...

Mike McKool, a Founder and Chairman of McKool Smith, has been recognized as an “Icon of IP” by Law360.  The publication’s IP Icon series honors the top 25 lawyers in the ...

McKool Smith secured a landmark decision for its client Warren Pumps LLC from New York’s highest court, the Court of Appeals, on an issue of first impression in New York – ...

McKool Smith Chairman and co-founder Mike McKool along with firm principals Douglas Cawley, Sam Baxter, and William LaFuze have been selected for inclusion in World ...

On Tuesday, May 3, 2016, McKool Smith secured a landmark decision for its client Warren Pumps LLC from New York’s highest court, the Court of Appeals, on an issue of first ...

On April 27, 2016, McKool Smith secured a preliminary injunction ordering insurers Lloyd’s of London and Axis Specialty Europe SE to immediately reimburse and advance ...

On April 27, 2016, McKool Smith secured a preliminary injunction ordering insurers Lloyd’s of London and Axis Specialty Europe SE to immediately reimburse and advance ...

In this IPR proceeding brought by Harmonic, the PTO instituted the IPR based on some, but not all of the grounds asserted by Harmonic.  As to the grounds that the PTO did not ...

Groupon petitioned the PTO for a Covered Business Method Review (CBM) on Blue Calypso’s patents.  The PTO held that the patents were “covered business method ...

The Federal Circuit affirmed the district court’s grant of summary judgment of non-infringement, but reversed summary judgment that the claims were indefinite.   The ...

The patentee petitioned the Federal Circuit to withdraw the district court’s order compelling it to produce communications between it and its patent agent.  In a case of ...

In an interference proceeding, Bamberg copied Dalvey’s claims to invoke the interference.  The claims involved the method of transferring printed images onto dark ...

The claims at issue in this patent application were directed to a method of conducting a wagering game using a standard deck of cards that are shuffled and dealt.  The Federal ...

This is an appeal from inter partes reexamination proceeding involving two patents on methods and systems for performing statistical analyses of investment data.  As to the ...

Halo is a Hong Kong private company that owns certain U.S. design patents and copyrights on its furniture designs.  Comptoir is a Canadian company that manufactures ...

In this inter partes review, the PTAB confirmed the validity of certain claims but held two other claims to be invalid.  The court affirmed the finding that certain claims were ...

Acorda owns patents on its branded drugs.  Mylan seeks to manufacture and sell a generic version of Acorda’s drug.  Mylan filed an ANDA request with the FDA to sell its generic ...

The court affirmed the PTAB’s holding in an ex parte reexamination that six claims added during reexamination were not patentable for being obvious over the prior art.  The ...

The Federal Circuit affirmed the district court’s summary judgment of non-infringement.  The patents-in-suit involved vacuum toilets used in commercial aircraft that ...

In an IPR proceeding brought by Shaw, the PTAB instituted the IPR based on certain grounds, but refused to institute the IPR on other grounds, because such grounds were ...

The Federal Circuit affirmed the district court’s grant of summary judgment of non-infringement.  The patent-at-issue involved the external appearance of a pickup ...

McKool Smith’s $32 million jury verdict on behalf of the developers of Canyon Ridge Resort has been recognized in The National Law Journal’s listing of the “Top 100 ...

Dallas principal Holly Engelmann will be presenting at the upcoming Silicon Valley IP Enforcement and Monetization Summit taking place in Palo Alto, California on April ...

Starting May 2, 2016, patent owners may choose to include “new testimonial evidence” in the preliminary response of an IPR. 81 Fed. Reg. 18,750, 18,766 (April 1, 2016 ...

Effective May 2, 2016, patents expiring within 18 months of the filing of the petition may use a Philips-type claim construction, rather than broadest reasonable ...

New PTAB rule changes go into effect on May 2, 2016. 81 Fed. Reg. 18,750 (April 1, 2016). This marks the second round of changes since the PTO started soliciting feedback on PTAB ...

McKool Smith, one of America’s leading trial firms, has announced that seasoned insurance recovery litigator Michael John Miguel has joined the firm as a principal in its ...

In an ANDA case, the district court held that four patents directed to the reformulated version of the pain reliever OxyContin were invalid as being anticipated by or obvious ...

Based on the district court’s constructions for three claims terms, the parties stipulated to non-infringement.  On appeal, the district court affirmed the ...

In an IPR proceeding, the PTAB made a final finding that the petitioner Trivascular had failed to meet its burden of proving the claims at issue (directed to inflatable ...

TriReme received an exclusive license from Dr. Lotan to three patents owned by Angioscore for which Dr. Lotan claims to have been a joint inventor.  Angioscore contends that ...

Rosebud sued Adobe for infringing Rosebud’s ’280 patent.  Adobe moved for summary judgment on the grounds that it ceased making and selling the accused product before ...

Rosebud sued Adobe for infringing Rosebud’s ’280 patent.  Adobe moved for summary judgment on the grounds that it ceased making and selling the accused product before ...

This case involved claim construction issues with respect to the grant of summary judgment on non-infringement to Seagate and Compaq on different grounds. 

First, the ...

This case presents three issues: (1) whether there was corroborating evidence of a prior public use by the accused infringer Transweb; (2) whether 3M committed inequitable ...

In this IPR proceeding brought by Synopsys challenging claims of Mentor’s patent, the PTAB held that the IPR itself was not time-barred due to Synopsys acquiring a company ...

Synopsis challenged the PTO’s regulation that allows the PTAB to institute IPRs on all or some of the challenged claims and the PTO’s practice of issuing final decisions ...

In this IPR proceeding brought by Adidas, Nike filed a motion to amend by cancelling claims 1-46 and proposing substitute claims 47-50.  The PTAB granted Nike’s motion to ...

This case involved printer cartridges sold in the U.S. by Lexmark with the explicit restriction that they were for single use only and could only be returned to Lexmark and ...

The court affirmed the district court’s grant of summary judgment that Mr. Lismont’s request to correct the inventorship on Binzel’s patent was precluded under the ...

The Federal Circuit reversed and remanded the decision of the PTAB finding the asserted claims to be obvious due to the PTAB’s erroneous construction for the term ...

The Federal Circuit held that the PTAB had correctly given the claim terms “continuity member” and “shaped to fit” their broadest reasonable interpretation, but ...

Nuance, the patent owner, appeals two issues.  First, Nuance contends that the district court erred in construing the claim term “identifying” to have its plain and ...

In an inter partes reexamination involving a patent on paper shredders, the examiner found the claimed shredder to have been obvious.  The shredder included two sensors, a ...

This appeal involved five patents asserted by Apple and two patents asserted by Samsung.

On Apple’s ’647 patent, which involved a system for recognizing structures in ...

The claims at issue relate to a two-way interactive communication network system for enabling communications between local subscribers and a base station.  The claims ...

The court addressed two issues on Liown’s appeal of the grant of a preliminary injunction to Luminara.  First, Liown contended that Luminara lacked standing to bring the ...

The court addressed two issues on Liown’s appeal of the grant of a preliminary injunction to Luminara.  First, Liown contended that Luminara lacked standing to bring the ...

McKool Smith is pleased to announce that attorneys from the firm's Austin, Dallas, and Houston offices have been selected for inclusion in the Super Lawyers 2016 Texas ...

Managing IP has named McKool Smith the 2016 U.S. “Patent Contentious Firm of the Year (South)” at its eighth annual North America Awards.  The awards ceremony and dinner ...

New York principal Daniel Levy will be speaking at the 2016 Managing IP US Patent Forum on March 17, 2016 in Washington, D.C. Mr. Levy’s panel, “Trade Secret Protection as ...

McKool Smith is one of only 12 law firms in the country to be featured in The National Law Journal’s listing of the top plaintiff practices/firms in the country. In its ...

Austin principal John Campbell will be speaking at the University of Texas School of Law’s 11th Annual Advanced Patent Law Institute on March 10-11, 2016 at the United ...

The court affirmed the PTO’s finding that claims of a pending patent application are unpatentable due to obviousness over the combination of a reference to Gross in view of ...

Covidien petitioned the PTO for an inter partes review of Ethicon’s patent.  The Patent Trial and Appeals Board (PTAB) instituted the IPR and then, following the trial ...

The district court did not err in refusing to strike a Section 101 patent eligibility defense or in granting summary judgment under Section 101 holding patent claims on ...

The district court held the patent-in-suit to be patent ineligible under Section 101.  It further found that the case was exceptional under Section 285 because, even under ...

This appeal involves the amount of a patent term adjustment awarded to Pfizer.  Pfizer filed the lawsuit seeking to reverse the PTO’s amount of the adjustment and to add back ...

Akzo appealed the district court’s grant of summary judgment of non-infringement, both literally and under the doctrine of equivalents and Dow cross-appealed the ...

The jury’s verdict of non-infringement in this case turned on the meaning of two claim terms: “independent storage unit” and “in files.”  The Federal Circuit held ...

This case involves an appeal to the Federal Circuit of the PTO’s decision in an inter partes reexamination.  The third party requesting the inter partes reexamination was ...

McKool Smith principal Douglas A. Cawley has been inducted as a Fellow of the American College of Trial Lawyers, one of the country’s most esteemed legal associations. Mr ...

McKool Smith and its co-counsel have secured a $244 million settlement of class action antitrust claims against News Corp. and its affiliates.  The antitrust lawsuit was ...

McKool Smith has been recognized by Law360 as one of five “Go-To” trial firms in the country in a report published on February 26, 2016.  In the report, Law360 notes that ...

A California state judge recently ruled that a jury should hear Quincy Jones' $10 million lawsuit against Sony Music Entertainment and Michael Jackson's production ...

McKool Smith was awarded United States “IP Firm of the Year” at the 2016 Benchmark U.S. awards for the second year in a row. Fellow nominees included Fish & Richardson; ...

Austin associate Jennifer Albert Van Dusen will be speaking at The Copyright Society of the USA’s Current State of Software Protection, Enforcement, and Licensing event ...

McKool Smith P.C., dba McKool Smith Hennigan in California, has relocated its Los Angeles office to One California Plaza, a LEED Gold Certified building located at 300 South ...

McKool Smith principal Sam Baxter has been recognized as an “Icon of IP” by Law360. According to Law360, the publication’s IP Icon series honors “individuals who ...

McKool Smith principal Pierre Hubert discusses the changing climate of the PTAB forum and the recent drop in institutional decisions of inter partes review petitions in a ...

On remand from the Supreme Court to determine the correct construction of the claim term “virtual machine” in light of Teva Pharm. USA, Inc. v. Sandoz, Inc., 135 U.S. 831 ...

The patent owner MCM appealed the PTAB’s holding in an inter partes review proceeding that the claims of the patent were invalid as being obvious on three grounds.  First ...

This is an appeal from a bench trial on the sole issue of damages for a patent covering a standard in the wireless communications field that is practiced on chips that are used in ...

The court affirmed the PTAB’s construction of three claim terms in an IPR proceeding under the broadest reasonable interpretation standard, and, under those ...

The Federal Circuit affirmed the district court’s construction for the claim term “mobile device” to exclude devices that contain “computer modules.”  ...

The court affirmed the PTAB’s finding that SightSound’s patents were invalid as being obvious in connection with Apple’s requested Covered Business Method (CBM ...

The court affirmed the PTAB’s finding that Merck’s claims were obvious over the prior art.  The court, applying the substantial evidence standard of review to the ...

In a companion case to Merck v. Gnosis, decided on the same day, South Alabama makes essentially the same arguments why the PTAB erred by finding that the claims at issue would ...

The court reversed the finding of anticipation, because the patent examiner misapplied the “printed matter doctrine.”  Under the doctrine, if a claim limitation ...

On remand from the Supreme Court (which held that a defendant’s belief that a patent is invalid is not a defense to induced infringement), the court addressed Cisco’s ...

The court affirmed the district court’s denial of Redline’s motion to submit four new exhibits—an expert declaration, CV, and two pieces of prior art—that was ...

McKool Smith is pleased to announce the promotion of four attorneys to principals in the firm’s Dallas, Houston, Marshall, and New York offices, effective January 1 ...

In an IPR proceeding brought by Berk-Tek, the PTAB held that asserted claims 1-4 were invalid as being obvious and held that the validity of claims 5-6 would be confirmed.  On ...

This case involved claims against two defendants, Teva and Amphastar.  The patent claims at issue involved a method for “quality control release testing” of an ...

The court affirmed the grant of summary judgment of non-infringement.  On appeal, the patentee, Imaginal, argued that the district court erred in construing the term ...

The patent at issue related to a method for treating certain female patients having a certain type of irritable bowel syndrome.  The court affirmed the district court’s ...

The claim at issue related to a container packing system which required that a certain piston-and-cylinder unit be connected to the “proximate end” of the base and ...

The district court held that the claims of four of Cubist’s patents were invalid as being obvious and held that the claims of the fifth of Cubist’s patents were not invalid ...

In an inter partes reexamination proceeding, the patentee amended its claims to add a negative limitation: “the chip selects . . . are DDR chip selects that are not CAS, RAS ...

Following the en banc court’s reversal of the JMOL finding no infringement, the court resolved all residual issues in the appeal and cross-appeal in this opinion.  Three ...

The court vacated and remanded the PTAB’s finding that the petitioner Ariosa failed to prove that the patent claims at issue were obvious.  Specifically, the PTAB held that ...

The court remanded the PTAB’s finding that the claims at issue were anticipated and obvious when using a claim construction that the court found was erroneous.  Applying ...

In an ANDA case, the court affirmed the district court’s grant of summary judgment that claims 1-2 of the patent-in-suit were invalid as being obvious and that claims 5-9 ...

The patent applicants sought to “swear behind” (37 CFR § 1.131) a certain prior art reference using affidavits and documents.  The PTAB held that the applicants had not ...

This case involves Dr. Shukh, who sued his former employer Seagate to correct the identity of the inventors under 35 U.S.C. § 256 by adding his name as an inventor on six patents ...

The PTAB held that a prior art reference was enabled and therefore it anticipated the claims at issue.  On appeal, Morsa argued that the PTAB’s reliance on statements in the ...

This case turned entirely on the construction of terms in asserted claim 21.  The district court granted Medtronic’s motion for summary judgment of non-infringement of ...

In a companion case to Atlas IP, LLC v. Medtronic, Inc., Atlas appealed the district court’s grant of summary judgment of non-infringement to Medtronic.  Atlas contended ...

The Federal Circuit held that a global settlement of all issues in a case, including mutual release which was joined by the attorneys, divested the court of jurisdiction of an ...

In a year filled with scores of awards and honors, it’s hard to select the best of the best, but here’s a run down of some of the firm's 2015 accolades:

• Named United States ...

With so much young talent in the firm, and so many stars, it’s almost impossible to single out one star from another. Thankfully, we don’t have to! This year, Super ...

McKool Smith, one of America’s leading trial firms, has announced that veteran intellectual property litigator, William “Bill” LaFuze, has joined the firm as a ...

• Law360 Profile - Doug Cawley 
• Law360 profile - Mike McKool 
• Law360 profile - Sam Baxter

New York Senior Counsel Doreen Klein co-authored an article, “Fokker and Its Aftermath: The Irony and the Legacy,” in ALM’s Business Crimes Bulletin.  The article ...

New York principal Daniel Levy will participate in a panel discussion at the American Bar Association’s 32nd Annual National Institute on Criminal Tax Fraud in Las Vegas ...

United States Attorney General Loretta Lynch and United States Department of Education Secretary Arne Duncan announced today that Pittsburgh, Pennsylvania-based ...

The court affirmed the district court’s holding that the PTO correctly found claim 1 of the patent-in-suit obvious in an ex parte reexamination.  The patentee Dome argued ...

The court affirmed the district court’s holding that all claims of the asserted patent were indefinite under Section 112(2), because the term “compliance ...

The court affirmed the decision of the PTAB in an inter partes review not to reject claims of the patent-at-issue as anticipated by the Raymond patent, because the ...

The court reversed the district court’s grant of summary judgment of obviousness.  On appeal, the court considered the declarations submitted by the patentee in ...

The court vacated the district court’s decision to deny Apple’s motion for a permanent injunction and remanded.  The jury found that Samsung infringed three Apple ...

The court affirmed the district court’s holding that new claims obtained in a reexamination were not substantially identical to the original claims.  The court found that ...

The technology at issue was systems used to scan airline passenger boarding passes.  The patentee sued three contractors in the Maryland district court for inducing or ...

In an en banc opinion, the court held that laches remains a defense to legal relief in a patent infringement lawsuit, i.e., precluding pre-filing damages; that laches could ...

The court affirmed the jury’s verdict of infringement, no invalidity, and an award of $15 million in “lump sum” damages.  First, the court affirmed the district ...

In a Hatch-Waxman ANDA infringement case, the court affirmed the grant of summary judgment of no invalidity and the denial of defendants’ motion to amend it invalidity ...

This case involved claims by the State of Vermont under its Consumer Protection Act against a non-practicing entity for sending allegedly deceptive demand letters.  The ...

In a design patent infringement case, the court reversed the district court’s denial of the plaintiff’s motion for a new trial on the issue of damages and affirmed the ...

Apple instituted an IPR proceeding challenging the validity of Achates’ patents.  Achates contended to the PTAB that it should not institute the IPR, because, under 35 ...

Houstonia magazine has included Christopher Johnson among its annual list of “Top Lawyers.”  The list includes leading attorneys practicing in areas such as ...

Mike McKool, a founder and Chairman of McKool Smith, was recently awarded the Texas Lawyer 2015 “Lifetime Achievement Award” for Professional Excellence during a ...

McKool Smith’s securities litigation practice has been named recognized by The National Law Journal in the publication's annual feature on “Elite Trial Lawyers." The ...

New York principal Daniel Levy will speak at the Institute for Fraud Prevention’s Fall 2015 Meeting in New York City on November 5, 2015.  Daniel’s presentation will ...

McKool Smith has received numerous accolades in the 2016 "Best Law Firms" rankings recently released by U.S. News - Best Lawyers. The firm received 27 “Tier 1” ...

McKool Smith, along with co-counsel from Norton Rose Fulbright, helped secure a complete defense win on behalf of Reflectix, Inc. and parent company Sealed Air Corporation ...

Kat Li will be co-moderating a discussion in the Eastern District of Texas 2015 Bench Bar Conference in Plano, Texas on October 23, 2015.  Kat's discussion, “A Round ...

McKool Smith has been recognized as one of the country’s “Most Feared Plaintiffs Firms” by Law360, who noted that the firm has “raked in nearly $1 billion in verdicts ...

McKool Smith principal Steve Wolens was highlighted in a recent Bloomberg report that discussed the current state of hotel tax litigation involving Online Travel ...

New York principal Daniel Levy will be speaking at the 14^th Annual ACAMS Anti-Money Laundering & Financial Crime Conference in Las Vegas on September 28-30, 2015. The ...

McKool Smith and its white collar defense practice were awarded at The American Lawyer 2015 Global Legal Awards. The firm was named an honoree in the “Global Dispute of ...

On September 21, 2015, the United States Court of Appeals for the Federal Circuit issued an opinion affirming a $16.8 million patent infringement judgment that McKool Smith ...

McKool Smith is pleased to announce that attorneys from the firm’s New York office have been selected for inclusion in the 2015 edition of New York Super Lawyers. The ...

McKool Smith principal Douglas A. Cawley has been named a 2015 “Trial Ace” by Law360. The special feature recognizes the nation’s top 50 trial lawyers, which Law360

The Federal Circuit affirmed the jury’s verdicts of infringement, no invalidity for anticipation and the rejection of the laches defense, awarding damages for chips ...

Following a bench trial, the district court held that Allergan’s glaucoma drug patent was not invalid as being obvious and that it did not violate the written description ...

In a case involving both utility and design patents, the court reversed the district court’s finding of indefiniteness and grant of summary judgment of non-infringement ...

The issue decided by the en banc court was whether Section 337, which referred to “articles that infringe” and which applies to “unfair trade acts,” permitted the ...

The court vacated and remanded the decision of the Board of Patent Appeals and Interferences in an ex parte reexamination affirming the rejection of claims as being ...

The Federal Circuit addressed three issues in this case.  First, it held that Keranos, who had licensed the patents-in-suit from their owner after the patents had expired ...

In response to the Supreme Court’s guidance that the Federal Circuit may have erred by too narrowly circumscribing the scope of § 271(a) with respect to the issue of divided ...

The Federal Circuit affirmed the grant of summary judgment of no inducing or contributory infringement by Nero for supplying software to end users who used the software to ...

The court affirmed the district court’s grant of JMOL in favor of Plaintiff on Google’s breach of contract counterclaim.  Plaintiff had developed its patented ...

The court reversed the district court’s denial of Emerson’s JMOL motion regarding the jury’s verdict that the asserted claims of ABT’s patent were not obvious in ...

The applicant had pending numerous applications claiming priority to one or more of numerous applications.  In all, there were 45,000 independent claims and 115,000 total ...

The court reversed the district court’s claim construction for the term “frangible section” and remanded for further findings relating to infringement.  The ...

Applying the pre-Nautilus standard for determining claim indefiniteness, the district court held that the claim term “slope of a strain hardening coefficient greater ...

Mike McKool, a founder and Chairman of McKool Smith, is profiled in Law360’s special “Trial Aces” feature, which recognizes the Top 50 trial lawyers in the country ...

Austin principal Pierre Hubert will speak at the upcoming HarrisMartin "Antitrust Pay-for-Delay Litigation Conference" taking place at The Ritz-Carlton hotel in ...

McKool Smith principal Sam Baxter has been named a 2015 “Trial Ace” by Law360. This annual feature recognizes the nation’s top 50 trial lawyers, which Law360

McKool Smith principals from the Austin, Dallas, Houston, Los Angeles, New York and Silicon Valley offices have been selected for inclusion in the 2016 edition of “Best ...

Best Lawyers has recognized three of the firm's principals as 2016 "Lawyers of the Year" in their respective regions/practices areas. Based on peer reviews, only a single ...

HOUSTON, TEXAS (August 18, 2015) -- McKool Smith has secured a complete defense trial verdict for its client CenturyLink in a securities fraud suit brought by five groups of ...

McKool Smith’s successes have once again earned The Legal 500’s recognition as a top tier U.S. firm for patent litigation.  According to the directory, McKool Smith’s ...

The Federal Circuit affirmed the grant of summary judgment that the patent infringement claims brought by SpeedTrack accusing infringement by four Oracle customers for ...

The Federal Circuit reversed the district court’s finding that the patent owner had not commercially offered the claimed pharmaceutical invention for sale before the ...

The Federal Circuit reversed the jury’s award of $93,400,000 in lost profit damages where the infringement was determined under 35 U.S.C. §271(f)(2).  Under Section ...

The patent owner appealed the decisions of the district court rejecting the patent owner’s arguments that the PTO erred in calculating its patent term extension.  ...

The Federal Circuit affirmed the district court’s holding that two of the asserted patents were invalid under §101 as claiming patent ineligible subject matter and ...

The Federal Circuit affirmed the district court’s decision to dismiss the action for lack of personal jurisdiction.  The defendant is a South Korean company who ...

In a 6-5 decision, the en banc panel of the Federal Circuit denied Cuozzo’s petition for an en banc rehearing of the panel decision holding that the PTO did not err by applying ...

In an appeal from a final written decision of a “covered business method patent” review under Section 18 of the AIA holding the patent-at-issue invalid as claiming ...

In this companion case to the Versata appeal of the PTAB decision on the covered business method patent review which ultimately held the patent invalid under Section 101 for ...

The Federal Circuit affirmed the district court’s denial of defendant Newegg’s motion for attorney fees under Section 285.  Before the district court, plaintiff SFA ...

The Federal Circuit reversed the decision of the PTAB holding that, in an inter partes reexamination proceeding, it lacked jurisdiction to hear Airbus’s cross-appeal of ...

In a case involving the interpretation of the Biologics Price Competition and Innovation Act involving the procedures for seeking FDA approval of biosimilar drugs, the ...

On a petition for writ of mandamus, the court remanded for further proceedings.  The district court had granted a motion to modify a protective order to permit documents that ...

The Federal Circuit reversed the district court’s grant of judgment as a matter of law following a jury verdict that the patent claims at issue were not invalid as being ...

Apple, Inc. v. ContentGuard Holdings Inc., CBM2015-00046, PTAB Paper 12 (June 3, 2015)

In a recent holding, the Board conducted a thorough covered business method (CBM ...

Microsoft Corp. v. Proxyconn Inc., 2014-1542, -1543, 2015 U.S. App. LEXIS 10081 (Fed. Cir. June 16, 2015)

On June 16, 2015, the Federal Circuit issued the first reversal of a ...

Corning Optical Communications RF, LLC v. PPC Broadband, Inc., IPR2014-00736, PTAB Paper 37 (April 6, 2015)

The PTAB recently denied part of a Joint Motion to Seal for being ...

New York principal Daniel Levy discusses criminal and civil legal issues arising out of the art world, including cases such as as an $80 million art fraud scheme involving ...

On remand from the Supreme Court following the decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Federal Circuit reversed the district court’s ...

Following a trial that included a jury verdict of patent validity and willful infringement, the Federal Circuit dismissed the action on the grounds that the plaintiff ...

The Federal Circuit held that the district court’s construction of two of the three appealed claim terms was incorrect, and therefore it reversed the grant of summary ...

The Federal Circuit affirmed the district court’s grant of Amazon’s motion to dismiss for failure to recite patent eligible subject matter under section 101.  The ...

The Federal Circuit affirmed the judgment of the district court that the claimed methods for using cell-free fetal DNA is not patent eligible as claiming a natural ...

The Federal Circuit granted Intrra’s motion to dismiss GTNX’s appeal from the PTAB’s decision to reconsider its institution of GTNX’s “covered business ...

On appeal from the decision of the PTAB in an IPR proceeding, the Federal Circuit was asked to consider whether the Board had correctly applied the “broadest reasonable ...

In this case, the district court originally found two of the asserted system claims and three of the asserted method claims not invalid, and a jury found that Lawson infringed ...

On remand from the Supreme Court, following the Court’s decision that the Federal Circuit should give deference to a district court’s factual findings, but not to legal ...

On appeal, the Federal Circuit reversed four claim constructions provided by the district court.  First, the court held that the district court erred by construing a part of ...

The Federal Circuit affirmed the district court’s holding, on a motion to dismiss, that the claims of the patent-at-issue were not patent eligible under Section 101.  ...

The court affirmed the holding that the reissue patent-at-issue was invalid for obviousness-type double patenting.  The issue for the court to decide was whether the ...

On remand from the Supreme Court following its opinion in Teva Pharmaceuticals, the court affirmed all of the appealed claim constructions.  As to the construction for the ...

The Federal Circuit affirmed the district court’s grant of summary judgment to the government on the patentee’s claim that the PTO had erred by refusing to give any ...

The Federal Circuit remanded the district court’s finding that the case was not exceptional for the purpose of awarding attorney fees under Section 285 to the prevailing ...

A recent Bloomberg report provides an update on Canyon Ridge Resort, LLC, et al. v. Sterne, Agee & Leach, Inc. et al., a case in which McKool Smith represents the developers of ...

McKool Smith received high marks in the 2015 edition of IAM Patent 1000: The World’s Leading Patent Practitioners, which describes the firm as a “world-famous patent ...

McKool Smith’s Los Angeles office has raised $48,000 in support of the annual "Food From the Bar" (FFTB) campaign to benefit the Los Angeles Regional Food Bank. FFTB is an ...

McKool Smith has been ranked as one of the nation’s leading intellectual Property (IP) litigation firms in Managing Intellectual Property’s third edition of “IP ...

In affirming the grant of summary judgment that Sukumar had not demonstrated standing to bring a false marking claim against Nautilus, the court determined the meaning of ...

In affirming the grant of summary judgment that all claims of the patent-in-suit are indefinite, the Federal Circuit held that computer-implemented means-plus-function ...

In an interference, the Patent Trial and Appeal Board concluded that one of the applicants was estopped from establishing priority because it had lost two prior ...

The Federal Circuit reversed the Commission’s decision holding that the complainant Standard had satisfied the domestic industry requirement of Section 337.  ...

The Federal Circuit affirmed the district court’s holding that reissue claims that were broader than the claims of the original patent, as construed by the court, were ...

The patent at issue claimed a “method for accessing and analyzing data on a commercially available drug to identify a new use of that drug, and then commercializing that new ...

On remand from the Supreme Court, the Federal Circuit affirmed its prior opinion that Limelight did not directly infringe the asserted method claims, holding that ...

The Federal Circuit affirmed the district court’s denial of Samsung’s post-trial motions with respect to the patent issues, but reversed on the trade dress issues.  ...

The Federal Circuit affirmed the district court’s denial of a motion for a preliminary injunction.  Here, the patents-in-suit involved new methods for using the drug ...

MARSHALL, Texas (June 9, 2015) -- On June 9, 2015, Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas entered a final judgment of $663,360,750 ...

Dallas principal Holly Engelmann will be speaking at Managing Intellectual Property magazine’s International Women’s Leadership Forum in New York City on June 6 ...

McKool Smith associate Ashley Moore was featured as a special guest on the Whatever It Takes (WIT) Network’s June 3, 2015 broadcast of “3 Days to A Raise with Bethany ...

An attorney from the firm's Los Angeles office have been selected for inclusion in the Super Lawyers 2015 Southern California "Rising Stars" listing.

The Super ...

CHATTANOOGA, Tennessee (June 5, 2015) -- McKool Smith has secured a $36.5 million jury verdict on behalf of the developers of Canyon Ridge Resort against financial services ...

McKool Smith is pleased to announce that three of the firm’s principals have been selected for inclusion in the 2014-2015 edition of the Lawdragon 500 listing of ...

Los Angeles principal Jeanne Irving discusses the use of a hypothetical negotiation to prove patent damages in a recent article published in the Association of Business ...

McKool Smith and 9 of the firm’s principals have been recognized in the 2015 edition of Chambers USA, a guide to the leading law firms and attorneys in the United States.

Akamai Techs., Inc. v. Limelight Networks, Inc., Case Nos. 2009-1372, 2009-1380, 2009-1416, and 2009-1417 (May 13, 2015); Opinion by: Linn, joined by Prost; dissent ...

JP Morgan moved to stay the patent litigation brought against it by IV based on its representation that it intended to file petitions seeking covered business method patent ...

The Federal Circuit affirmed the district court’s construction of the term “disparate databases,” which was based on the patentee’s statement in the prosecution ...

In a case involving only the issue of the amount of damages to award Astra for infringement of patents directed to Astra’s Prilosec drug, the district court, in a bench ...

The Federal Circuit affirmed the district court’s holding that defendant Sandoz had not proven obviousness by clear and convincing evidence.  The court agreed with the ...

Following the grant of summary judgment of non-infringement, defendant sought to recover its attorney’s fees under 35 U.S.C. Section 285, 28 U.S.C. Section 1928, and the ...

The Federal Circuit held that it could not hear the patentees’ challenge to the PTO’s refusal to terminate pending reexaminations because the PTO’s refusal is not a ...

The Federal Circuit affirmed the district court’s grant of summary of anticipation.  The claim at issue required a range of amounts for a particular ingredient.  The court ...

The Federal Circuit reversed the district court’s grant of summary judgment of no damages for infringement.  The district court had stricken the plaintiff’s damages ...

The Federal Circuit reversed the district court’s claim constructions and thus reversed the entry of judgment of non-infringement.  The district court had construed the ...

Previously, the Supreme Court held, in the Biosig case, that the Federal Circuit’s standard for determining indefiniteness (a claim is indefinite when it is not amenable ...

New York Senior Counsel Doreen Klein will be participating as a speaker in The Knowledge Congress webcast series titled “Best Trends and Practices in Responding to ...

New York principal Daniel Levy discusses the background and implications of a very recent decision in which the Second Circuit affirmed the government’s broad authority ...

McKool Smith celebrates another trial victory this week after Judge Terrence W. Boyles of the United States District Court for the Eastern District of North Carolina ruled ...

As anticipated in the previous edition of this newsletter, the USPTO recently released details of its projected rule changes for 2015 in response to written comments. In a ...

VMware Inc. v. Good Technology Software Inc., IPR2015-00027, 00030, and 00031 PTAB Paper 11 (’027 case) (March 6, 2015) (McKool Smith represents Good Technology)

In a ...

The Federal Circuit vacated the jury’s award of $101,196,000 in damages to Warsaw and remanded for a new trial on the amount of a reasonable royalty.  Although Warsaw sought ...

The Federal Circuit reversed the district court’s grant of summary judgment of the claim phrase: “a contact hole for source wiring and gate wiring connection ...

The Federal Circuit reversed the district court’s construction of the claim phrase: “A comprises at least three carbon atoms and represents at least one component of a ...

The court made the following rulings: (1) the jury’s verdict that the ‘078 (camera) patent claims were not proven to have been obvious was supported by substantial ...

In an ANDA case, the court affirmed the district court’s holding that the reexamined method claim and product claims were invalid as being obvious over seven prior art ...

In an ANDA case, the district court held that the two patents-at-issue were valid and infringed. On appeal, the court held that: (1) the district court correctly construed ...

The court considered the question of whether a third party has the right to challenge, by way of the Administrative Procedure Act (APA), a ruling of the Patent and Trademark ...

Apotex sought a declaratory judgment that it did not infringe a patent owned but disclaimed by Daiichi.  The district court dismissed the complaint for lack of a case or ...

McKool Smith, one of America’s leading trial firms, has announced that veteran intellectual property litigator, William “Bill” LaFuze, has joined the firm as a ...

Austin principal Josh Budwin has been named a 2015 “Rising Star” by Law60. This annual feature recognizes the profession's top legal talent under the age of 40.  To ...

McKool Smith’s co-counsel victory in U.S. ex rel. Joshua Harman v. Trinity Industries Inc. et al  has been recognized in The National Law Journal’s recent listing of ...

Managing IP has named McKool Smith the 2015 U.S. “Patent Contentious Firm of the Year (South)” and principal Sam Baxter Texas “IP Litigator of the Year” at its eighth ...

McKool Smith is recognized in the 2015 edition of Chambers Global for having a leading intellectual property litigation practice in the United States. The publication also ...

The court rejected five claim constructions determined by the district court, vacated the grant of summary judgment of non-infringement, and remanded to the district ...

The Federal Circuit reversed the grant of summary judgment of non-infringement under the doctrine of patent exhaustion.  The patents-in-suit involved “systems and ...

The Federal Circuit affirmed summary judgment of non-infringement, and, in so doing, affirmed the construction of the claim term “personal identification number” as ...

The Federal Circuit held that collateral estoppel (issue preclusion) precluded Soverain’s lawsuit against Victoria’s Secret.  In a prior appeal involving Newegg ...

The Federal Circuit reversed the district court’s holding that a jury’s general verdict of non-infringement had collateral estoppel effect in a later action.  In the ...

Affirming the district court’s summary judgment of non-infringement, the agreed with the district court that the preamble of the claim-at-issue was a limitation which ...

The Federal Circuit affirmed the court’s holding that the PTO’s decision to reduce the Patent Term Adjustment (“PTA”) amount of time by 57 days under 35 U.S.C. § ...

On March 6, 2015, McKool Smith, along with co-counsel from EIP, secured three denials of institution of inter partes review for Good Technology Software, Inc.  on Good ...

McKool Smith is pleased to announce that attorneys from the firm's Austin, Dallas, and Houston offices have been selected for inclusion in the Super Lawyers 2015 ...

McKool Smith principals Benjamin Levi and Robert Manley have received 2015 Client Choice Awards from the International Law Office (ILO) and Lexology.

Steven Pollinger, Managing Principal of McKool Smith’s Austin office, will be speaking at the Centerforce IP Strategy Summit in Seattle on February 26, 2015.  Steve’s ...

McKool Smith has secured settlements totaling more than $115 million on behalf of a group of investment funds in connection with a lawsuit filed against Jeffrey Soffer, the ...

McKool Smith represents a group of investors in a lawsuit brought against Bank of America involving claims that the bank breached its obligations as disbursement agent on ...

On February 4, 2015, RadioShack Corporation and various of its affiliates filed for Chapter 11 bankruptcy protection in Delaware.  This follow-up alert highlights some ...

Since inter partes review became available, the PTAB has granted only two motions to amend patent claims—once in Int’l Flavors & Fragrances Inc. v. U.S. Dept. of ...

An important aspect of inter partes review is how the PTAB identifies real parties-in-interest for each petition. For instance, petitioners that fail to properly identify ...

At the end of 2014, over 2000 IPR petitions had been filed, and over 100 decisions had been appealed to the Federal Circuit.  So far, IPR appeals far outnumber the few dozen USPTO ...

New York principal Daniel Levy will be speaking at the Bahamas Financial Services Board’s International Business & Finance Summit in Grand Bahama on February 6-8, 2015.  ...

On February 2, 2015, the New York Stock Exchange took steps to delist RadioShack Corp., after suspending trading of its shares.  RadioShack disclosed that one of its lenders ...

The court affirmed the district court’s holding that the patented grape plants were not the subject of an invalidating public use.  The plants were obtained in an ...

The Federal Circuit affirmed the district court’s willfulness holding, finding that Gore’s lone argument that its defense of invalidity for improper inventorship ...

The court vacated the district court’s grant of partial summary judgment to the defendant with instructions to remand to the state court because there is no subject matter ...

The court reversed the Board’s decision affirming the rejection of claims requiring a “wireless” communication interface.  The prior art disclosed a removable ...

Fontainebleau D&O Settlement ($115 Million Settlement)

McKool Smith secured settlements totaling more than $115 million on behalf of a group of investment funds in ...

McKool Smith was awarded United States “IP Firm of the Year” at the 2015 Benchmark U.S. awards. Fellow nominees included Fish & Richardson; Quinn Emanuel; Morrison ...

DALLAS, Texas (January 16, 2015) -- McKool Smith has secured a $15 million patent infringement verdict on behalf of Texas-based Droplets, Inc. against Sears Holding Corp ...

New York principal Courtney Statfeld is featured in a Law360 article titled, “What Associates Need to Do to Stand Out.”  In the article, Ms. Statfeld offers advice on how ...

The district court entered judgment of obviousness where a particular claim limitation was not explicitly disclosed in the prior art combination, but was found to be ...

The court affirmed the district court’s judgment that certain asserted claims were anticipated by the “Ethicon Prototype,” which was conceived of prior to the ...

In Ericsson, the Federal Circuit provided district courts, experts, and practitioners with much-needed clarification as to how to instruct a jury on the issue of ...

The four purported co-inventors of a pending patent application entered an agreement assigning their rights to their respective companies, Memorylink and Motorola.  Two ...

Amgen was an exclusive licensee to two patents for the “biological product” Enbrel.  Sandoz wished to create a product of its own and would seek to apply for approval under ...

The court affirmed the district court’s holding that the claims at issue recited patent-eligible subject matter and therefore are not invalid under § 101.  Claim 19 of the ...

The court reversed the lower court’s decision that the PTO acted arbitrarily and capriciously, and abused its discretion, when it refused to allow a patent owner to ...

The claims of the “Tautz” patent required the combination of five components, one of which is an enzyme called Taq polymerase.  The accused infringer Life Technologies ...

The court reversed the dismissal of a trade secret misappropriation claim, because the complaint, on its face, did not make apparent that the acts were discovered, or by ...

At issue are four composition of matter claims directed to primers, which are synthetic DNA molecules, and two method claims involve comparisons between “wild-type BRCA ...

The court affirmed the district court’s claim constructions and affirmed the district court’s denial of Zimmer’s JMOL motions on the issues of non-infringement and ...

The district court awarded $10,800 in damages for infringement, which was calculated as an 8% royalty applied to the infringer’s net profits.  The court held that such use ...

The district court granted the defendants’ motion to dismiss under Rule 12(b)(6) on the ground that each claim of the asserted patents was invalid as patent-ineligible ...

The Federal Circuit upheld the jury’s verdict invalidating five claims over a prior invention, holding that the testimony of the prior inventor and the defendants’ ...

McKool Smith is pleased to announce a promotion in the New York office, effective January 1, 2015.

Courtney Statfeld practices out of the firm’s New York office and focuses ...

ACAMS moneylaundering.com’s “Year-in-Review” and “Year Ahead” examine 2014’s most significant events and make predictions for the year ahead.  New York ...

There are lawyers, there are good lawyers, there are super lawyers, and then there are the Best Lawyers. This year, 22 of the firm’s principals were recognized among the ...

The firm kicked-off the year by welcoming two new additions to its principal ranks, including Dallas-based Holly Engelmann and Austin-based Kevin  Kneupper. Our ...

In a year filled with scores of awards and honors, it’s hard to select the best of the best, but here’s a run down of some of the firm's 2014 accolades.

• Named "Texas Firm of the ...

With so much young talent in the firm, and so many stars, it’s almost impossible to single out one star from another. Thankfully, we don’t have to! This year, Super Lawyers

The court applied the rule that arguments that are “not appropriately developed in a party’s briefing may be deemed waived” to hold that judgment of no infringement as ...

The claim term, “support surface,” was ambiguous in the claim as to when the “slide” must be supported.  The specification resolved the ambiguity in favor of the ...

The court held that the licensor of the patent-in-suit was improperly joined as a plaintiff, because the license transferred all significant rights in the patent and the ...

Applying the Supreme Court’s more recent framework set forth in Alice Corp. v. CLS Bank Int’l, 573 U.S. __, 134 S. Ct. 2347 (2014), the court held that the claim of the ...

The court affirmed the denial of a preliminary injunction where the reissue patent claims were invalid for failing to comply with “original patent” requirement of 35 ...

In a prior proceeding, the D. Colo. construed a particular claim term that appeared in claims 1 and 19 of the ‘774 patent.  In the present action, the plaintiff asserted ...

Applying the four factor test set forth in Section 18(b) of the AIA, the court reversed the District Court’s denial of a motion to stay litigation pending the outcome of ...

The court vacated the grant of summary judgment and remanded where court conditioned the plaintiff’s amendment to Local Rule infringement contentions on payment of ...

The court affirmed the grant of the motion to dismiss patent infringement claims against Japan Airlines for the alleged infringing acts of examining electronic passports ...

Products that were manufactured, shipped and delivered outside of the U.S. were neither offered for sale nor sold in the U.S. for the purpose of proving direct infringement ...

The court reversed the District Court’s construction of the claim term “graphical display representative of a classroom” as requiring “a pictorial map,” ...

McKool Smith principal Hugh Ray will be speaking at the 21^st Annual Distressed Investing Conference, “Maximizing Profits in the Distressed Debt Market.”  The ...

Mike McKool, a Founder and Chairman of McKool Smith, received a Lifetime Achievement Award from Texas Lawyer at the 2014 “Texas Verdicts Hall of Fame" reception held in ...

McKool Smith principal Scott Hejny spoke at the Center for American and International Law (CAIL) 52nd Annual Conference on Intellectual Property Law taking place in ...

The Federal Circuit Court of Appeals’ recent decision in STC.UNM v. Intel Corp. provides important guidance regarding involuntary joinder of patent co-owners in the ...

McKool Smith represents Droplets, the holder of numerous patents related to rich Internet applications, in a litigation against several financial services defendants in ...

The Board denied petitioner’s motion to submit supplemental information containing the patent owner’s preliminary infringement contentions in underlying ...

Two recent PTAB decisions illustrate that petitioners are not entitled to IPRs based on substantially the same prior art and arguments that the petitioners raised in ...

Two recent federal district court decisions refused to admit rulings from IPR proceedings as evidence in patent infringement litigation:

1. In Interdigital ...

Sample content

In a first step for securing rare early discovery in an IPR proceeding, McKool Smith secured leave for its patent-owner client Good Technology to file a motion seeking ...

Based on the AIA’s restrictive discovery rules, the Board denied a patent owner’s request for additional discovery of potential evidence regarding whether a third ...

The Board frequently uses its rulings to instruct practitioners on proper PTAB practice. It recently explained that any objections to evidence submitted during a ...

In an IPR dealing with the rare issue of analogous prior art in an obviousness analysis, the Board held in favor of the Patent Owner that a prior art reference was not analogous ...

Two recent PTAB decisions illustrate that petitioners are not entitled to IPRs based on substantially the same prior art and arguments that the petitioners raised in ...

McKool Smith has received numerous accolades in the 2015 "Best Law Firms" rankings recently released by U.S. News - Best Lawyers. The firm received 27 “Tier 1” rankings ...

Benchmark Litigation has ranked firm Co-Founder and Chairman Mike McKool, Sam Baxter, and Douglas A. Cawley among the “Top 100 Trial Lawyers in America” in 2015.  The ...

Benchmark Litigation, the definitive guide to America's leading litigation firms and attorneys, has ranked McKool Smith as a national Tier 1 intellectual property firm in ...

Kat Li will be moderating a panel discussion in the Eastern District of Texas 2014 Bench Bar Conference in Plano, Texas on October 22-24, 2014.  Kat's discussion, "Cases in ...

MARSHALL, Texas -- McKool Smith, along with co-counsel from Boies, Schiller & Flexner LLP, Durrette Crump PLC, and  T. John Ward of Ward & Smith, among other firms, secured a ...

After a two-day trial in Miami, Judge Cecilia M. Altonaga refused to approve a settlement that would bar litigation against directors and officers who allegedly allowed the ...

Former head of UBS AG’s global wealth management business, Raoul Weil, faces a criminal trial that may turn on the credibility of a former subordinate who says he and Weil ...

Houston Associate Joshua Newcomer has been selected for inclusion in the Houston Business Journal’s (HBJ) 2014 top “40 Under 40” class. A combination of ...

On September 25, Attorney General Eric Holder announced his resignation after service of nearly six years.

In commenting on Holder's legacy, New York principal Daniel Levy ...

McKool Smith is pleased to announce that attorneys from the firm’s New York office have been selected for inclusion in the 2014 edition of New York Super Lawyers. The ...

McKool Smith is pleased to announce that 13 principals from the firm’s Austin, Dallas, and Houston offices have been selected for inclusion in the 2014 edition of Texas

Law360 reported that the Oakland federal judge overseeing Apple Inc.'s bid to invalidate McKool Smith client Wi­LAN Inc. data transmission patents granted WiLAN's ...

McKool Smith principals from the Austin, Dallas, Houston, Los Angeles, New York and Silicon Valley offices have been selected for inclusion in the 2015 edition of “Best ...

Houston principal Hugh Ray was recently interviewed by Bert Martinez, host of "Money for Lunch," a national business talk radio program.  During the interview, Mr. Ray ...

McKool Smith received top national and regional ranking for the third consecutive year in the 2014 edition of IAM Patent 1000: The World’s Leading Patent Practitioners.

McKool Smith principal Douglas A. Cawley will be speaking at the State Bar of Texas’ 10^th Annual Advanced Patent Litigation Course in San Antonio on July 17-18, 2014.  Mr ...

Law360 recognized McKool Smith in its inaugural listing of Texas Powerhouse law firms. The firm was applauded for having “108 litigators in Texas who consistently bring ...

McKool Smith has once again played an integral role in the success of the "Food From The Bar" (FFTB) campaign. FFTB is an annual four-week charitable effort led by the legal ...

McKool Smith’s successes have earned The Legal 500’s recognition as a top tier U.S. firm for patent litigation.  According to the directory, McKool Smith’s ...

Lex Machina, a provider of Legal Analytics for law firms and companies, released its first-ever Patent Litigation Damages Report today. The report analyzes both ...

McKool Smith has been ranked as one of the nation’s leading intellectual property (IP) litigation firms in Managing Intellectual Property’s second edition of “IP ...