Benchmark Litigation has recognized Mike McKool, Douglas A. Cawley, and Ted Stevenson among the “Top 100 Trial Lawyers in America” in the publication’s 2020 edition. The attorneys were selected based on their proven achievements in bench and jury trials, and the strength and consistency of positive client/peer feedback about their practices.
Benchmark Litigation is the only directory to focus exclusively on the U.S. litigation market. The publication's identification of the leading U.S. trial attorneys and firms is the result of extensive interviews with private practice lawyers and in-house counsel. Benchmark Litigation is published by Euromoney Institutional Investor, a leading international business-to-business media group.
As chairman and co-founder of McKool Smith, Mike is largely responsible for creating what The Wall Street Journal describes as “one of the biggest law firm success stories of the past decade.” Over the course of his 40-year career, Mike has tried more than 100 jury trials and developed an enhanced understanding of the psychology that governs how juries decide cases. Recently, Mike secured an $85.2 million patent damages verdict on behalf of WiLAN Inc. against Apple, Inc. following a high-profile jury trial on damages in California. Upon entering the verdict, the court also ordered Apple to pay $23.7 million in pre-judgment interest. In an earlier trial, Apple was found by a separate jury to have infringed two WiLAN patents covering voice over LTE (“VoLTE“) wireless communication technology used in Apple iPhones. Mike has been recognized as an “Icon of IP” and one of the Top 50 “Trial Aces” in the nation by Law360. He has also received a “Lifetime Achievement Award” from Benchmark Litigation and an “Outstanding Alumnus Award” from the University of Texas Law Alumni Association. Mike is the recipient of the Texas Lawyer “Top Verdicts Hall of Fame” Lifetime Achievement Award and the Texas Lawyer Lifetime Achievement Award for “Professional Excellence,” and has been named “Trial Lawyer of the Year” by the Dallas Bar Association. Mike is a Fellow of the American College of Trial Lawyers and has been selected by the United States Court of Appeals for the Federal Circuit to serve on the Federal Circuit Advisory Council.
Douglas A. Cawley
For more than 40 years, Doug has tried complex cases and handled major intellectual property matters throughout the U.S. and across the globe. His recent achievements include securing major victories in three separate International Trade Commission (ITC) investigations on behalf of Rovi/TiVo in its long-running dispute with Comcast, including a Federal Circuit win affirming the ITC’s decision that Comcast violated Section 337 of the Tariff Act by importing set-top boxes that infringe two Rovi patents. The Federal Circuit’s ruling left intact the ban on Comcast’s importation of infringing set-top boxes. The Supreme Court later denied Comcast’s cert petition. On April 23, 2020, in a second investigation, the ITC upheld an Initial Determination (ID) by the Administrative Law Judge (ALJ) holding Comcast set-top boxes also infringe an additional Rovi patent. Finally, in an ID issued on July 28, in a third investigation, the ALJ found that Comcast infringed two more Rovi patents and again recommended that Comcast be barred from importing set-top boxes that infringe these patents. Doug has been recognized as one of the top 50 “Trial Aces” in the nation by Law360. He has also been named Dallas “Patent Lawyer of the Year” by Best Lawyers, “Outstanding IP Litigator (Texas)” by Managing IP, and “Litigator of the Year (South)” by Benchmark Litigation. Doug is a Fellow of the American College of Trial Lawyers, and a member of the American Intellectual Property Law Association and the American Bar Association Section on Intellectual Property Law.
Ted is one of the most esteemed patent litigators in the country and has been described by Chambers USA as a “fantastic trial lawyer.” His recent victories include serving as lead counsel in securing a defense verdict for Ericsson in a suit brought by HTC alleging that Ericsson violated its contractual obligation to license its essential cellular patents on fair, reasonable, and non-discriminatory (FRAND) terms. Following a five-day trial, the jury returned a verdict finding Ericsson’s requested royalty rates were not in excess of FRAND. Ted also helped secure a significant appellate victory for Ericsson in a long-running patent-licensing dispute against TCL. After the district court denied Ericsson’s request for a jury trial, Ericsson appealed to the Federal Circuit and argued that the district court had violated Ericsson’s Seventh Amendment rights. In a precedential opinion, the Federal Circuit unanimously agreed with Ericsson and remanded the case for a jury trial. Ted was named the 2020 IP Litigation "Lawyer of the Year" in Dallas by Best Lawyers. He has also been named Texas "IP Litigator of the Year" by Managing IP and recognized as one of the five “go-to” intellectual property litigators Texas by Texas Lawyer. The publication also recognized Ted as a 2020 Trailblazer for his courtroom achievements in helping clients navigate complex FRAND-related patent disputes.