Publications Archive

McKool Smith Senior Counsel Arvind Jairam authored an article in IPWatchdog highlighting five Federal Circuit patent cases from 2023 that will have a significant impact ...

McKool Smith Principal Charles Fowler authored an article on the U.S. Court of Appeals for the Fifth Circuit’s recent denial of a petition to rehear USA v. Greenlaw, which ...

McKool Smith Senior Counsel, Arvind Jairam, authored an incisive article dissecting the pivotal decision recently made by the Director of the United States Patent and ...

New York Principal Kevin Schubert and Dallas Principal Scott Hejny authored Law360's "IPR Pointers In Recent PTAB Discretionary Denials" to discuss the recent denials of a ...

Washington D.C. Principal Nick Matich authored an article analyzing a recent bill introduced in the House aiming to restrict the ability of patent licensing companies to ...

Austin Associate Kyle Ryman and Principal Joel Thollander authored an article analyzing the recent Federal Circuit decision in Sequoia Technology LLC v. Dell Inc. In ...

McKool Smith Principal Nick Matich authored an article discussing Big Tech’s influence on the United States patent system. In the article, Nick argues that a series of ...

Washington, D.C. Principal Nick Matich authored an article on USPTO Director Kathi Vidal’s Director review decisions in Commscope Technologies v. Dali Wireless ...

McKool Smith Principal Nick Matich authored the article, "Vidal’s ruling in Samsung v Netlist IPR may help unveil real-parties-in-interest" in IAM. The article ...

McKool Smith Principal Nick Matich discusses the US Patent and Trademark Office Director Kathi Vidal’s recent sua sponte decision in Samsung Electronics Co v Netlist ...

In an article published by Law360, Principals Kevin Schubert and Scott Hejny discuss the U.S. Court of Appeals for the Federal Circuit decision on a trio of appeals related to ...

In an article published by Law360, New York principals Chris Johnson and Zach Mazin, and associate Dan Hendler, assess the implications of New York County Commercial ...

New York Principal Melissa Cabrera and Houston Managing Principal Josh Newcomer recently published an article in the New York Law Journal, titled “A Domestic Industry in ...

New York principal Steven Rizzi authored “Federal Circuit Clarifies Scope of Estoppel Applicable to Petitions for Inter Partes Review” for the New York Law Journal, in ...

Houston principal Kristin Leveille recently published an article in The Texas Lawbook titled “NAESB Force Majeure Provisions After Winter Storm Uri: Key ...

Washington, DC principal Nick Matich recently joined a group of authors who issued a statement on behalf of the nonpartisan Center for Strategic and International Studies ...

McKool Smith associate Caroline Burks published her paper, titled “Cybersecurity Workforce Generation: Too Little, Too Late and the Logic Behind Starting in Early ...

McKool Smith principal Scott Hejny published “Arthrex: More Unanswered Questions” in World IP Review. Scott wrote, “The US Supreme Court decision in US v Arthrex may ...

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

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

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

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

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 ...

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

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 ...

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

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 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 ...

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 ...

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

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 ...

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 ...

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 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 Principals James Quigley wrote "IPR Update" and presented the article at the State Bar of Texas 33rd Annual Advanced Intellectual Property Law: Patents in IP ...

James Quigley co-authored an article titled “O2 Micro Issues at the Federal Circuit a Decade Later” that was presented at the Texas State Bar Intellectual Property ...

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 ...

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

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 ...

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 ...

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 ...