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Overview

Melissa Cabrera is an Associate in McKool Smith's New York office. Melissa’s practice involves intellectual property litigation and complex commercial litigation. Her practice has included actions in Federal District Court as well as in the United States International Trade Commission (ITC).

Prior to joining the firm, she was a Law Clerk to the Honorable Paul E. Davison of the United States District Court for the Southern District of New York. Before clerking, Melissa worked at a litigation boutique where she prosecuted antitrust, commodity manipulation, and securities fraud matters on behalf of institutional investors, health insurance companies, and individuals. In that role, she prosecuted highly complex Sherman Act claims alleging horizontal price-fixing arising from the LIBOR manipulation scandal against the world’s largest banks. She also regularly litigated Sherman Act claims arising from violations of the Hatch Waxman Act, also known as “pay for delay” cases.

Melissa graduated from Cornell Law School in 2013.  At Cornell, Melissa taught constitutional law to inmates at Auburn Correctional Facility through Cornell’s Prison Education Program, served as a Teaching Fellow at Cornell's Industrial & Labor Relations School, and worked as a student attorney in Cornell Law School’s Human Rights Clinic.

Melissa also maintains an active pro bono practice. Through the Firm’s partnership with Her Justice, she has represented an indigent plaintiff seeking full custody in a divorce action.

Experience

Representative Matters

  • Rovi. Representing TiVo subsidiary Rovi in multiple International Trade Commission investigations against Comcast involving numerous patents related to interactive search, interactive television program guides, DVR technology, and related technologies, in trial and appeals.
  • Ericsson. Represented Ericsson in multiple patent infringement actions involving wireless products in the ITC.

  • SEVEN Networks.  Representing SEVEN Networks in an Eastern District of Texas patent litigation suit involving a number of Apple mobile products and services alleged to infringe sixteen patents owned by SEVEN Networks.
  • EQT. Representing a natural gas producer defendant in multiple matters involving claims for royalty underpayments; breach of contract; trespass; fraud; and alleged statutory violations relating to the timeliness of royalty payments; and a putative class action alleging failure to properly calculate and pay royalties on natural gas liquids.
  • Suez Treatment Solutions. Representing an environmental equipment, design and installation services company plaintiff in an insurance coverage dispute against its insurers, alleging breach of contract claims and seeking declaratory judgment regarding obligations to pay defense costs and indemnification obligations.
  • Sealed Air. Representing a packaging company defendant in Delaware state court breach of contract dispute following the plaintiff’s acquisition of defendant’s company in discovery and preparing for trial.
  • Qui Tam cases. Representing relators in actions regarding Medicare and Medicaid fraud.

Recognition

Rankings & Honors

  • Recognized as a Pathfinder of the Leadership Council on Legal Diversity (LCLD), 2021

Media & Events

Education

J.D., Cornell Law School, 2013. 

B.A., Political Science, University of Wisconsin, 2008. 

Clerkships

  • Hon. Paul E. Davison, U.S. District Court for the Southern District of New York

Court Admissions

  • New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals for the Third Circuit
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