News Archive

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

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 ...

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 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 ...

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 ...

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 ...

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 Sam Baxter as a 2016 "Lawyer of the Year" in his respective regions/practices areas. Based on peer reviews, only a single lawyer in each practice ...

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 ...