mckool smith
mckool smith recognized as a leading u. s. firm for patent litigation by the legal 500: mckool smith
versata software, inc. , counter defendant, represented by john michael shumaker, lee & hayes pllc, joshua wright budwin, mckool smith, pc, kevin m kneupper, mckool smith, pc, laurie lavigna fitzgerald, mckool smith, pc, peter john ayers, lee & hayes pllc, scott lamar cole, mckool smith & steven john pollinger, mckool smith .
versata development group inc. , counter defendant, represented by john michael shumaker, lee & hayes pllc, joshua wright budwin, mckool smith, pc, kevin m kneupper, mckool smith, pc, laurie lavigna fitzgerald, mckool smith, pc, peter john ayers, lee & hayes pllc, scott lamar cole, mckool smith & steven john pollinger, mckool smith .
versata computer industry solutions, inc. , counter defendant, represented by john michael shumaker, lee & hayes pllc, joshua wright budwin, mckool smith, pc, kevin m kneupper, mckool smith, pc, laurie lavigna fitzgerald, mckool smith, pc, peter john ayers, lee & hayes pllc, scott lamar cole, mckool smith & steven john pollinger, mckool smith .
versata computer industry solutions, inc. , formerly known as trilogy computer industry solutions, inc. , plaintiff, represented by samuel franklin baxter, mckool smith, ada elene brown, mckool smith, amir h. alavi, ahmad zavitsanos & anaipakos, demetrios anaipakos, ahmad zavitsanos & anaipakos pc, douglas carleton edwards, mckool smith, joel lance thollander, mckool smith, pc, joseph y ahmad, ahmad, zavitsanos, anaipakos, alavi & mensing p. c. , joshua wright budwin, mckool smith, pc, kevin m kneupper, mckool smith, pc, laurie lavigna fitzgerald, mckool smith, pc, leah bhimani buratti, mckool smith, peter john ayers, lee & hayes pllc, rosemary tyson snider, mckool smith, scott lamar cole, mckool smith, steven chase callahan, charhon, callahan, robson & garza pllc, steven john mitby, ahmad zavitsanos & anaipakos, steven john pollinger, mckool smith & theodore stevenson, iii, mckool smith pc .
mckool smith ranked as a leading u. s. patent litigation firm by legal 500
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irunway’s technical experts worked with mckool smith lawyers on the case for the last four years .
at mckool smith, everyone plays a valuable role in the success of the firm. everyone deserves respect .
- mike mckool
versata software, inc. , formerly known as trilogy software, inc. , plaintiff, represented by ada elene brown, mckool smith, amir h. alavi, ahmad zavitsanos & anaipakos, demetrios anaipakos, ahmad zavitsanos & anaipakos pc, douglas carleton edwards, mckool smith, joel lance thollander, mckool smith, pc, john michael shumaker, lee & hayes pllc, joseph y ahmad, ahmad, zavitsanos, anaipakos, alavi & mensing p. c. , joshua wright budwin, mckool smith, pc, kevin m kneupper, mckool smith, pc, laurie lavigna fitzgerald, mckool smith, pc, nicholas h patton, patton tidwell & schroeder, llp, peter john ayers, lee & hayes pllc, rosemary tyson snider, mckool smith, scott lamar cole, mckool smith, steven john mitby, ahmad zavitsanos & anaipakos, steven john pollinger, mckool smith & theodore stevenson, iii, mckool smith pc .
versata development group inc. , formerly known as trilogy development group, inc. , plaintiff, represented by ada elene brown, mckool smith, amir h. alavi, ahmad zavitsanos & anaipakos, demetrios anaipakos, ahmad zavitsanos & anaipakos pc, douglas carleton edwards, mckool smith, joel lance thollander, mckool smith, pc, john michael shumaker, lee & hayes pllc, joseph y ahmad, ahmad, zavitsanos, anaipakos, alavi & mensing p. c. , joshua wright budwin, mckool smith, pc, kevin m kneupper, mckool smith, pc, laurie lavigna fitzgerald, mckool smith, pc, leah bhimani buratti, mckool smith, nicholas h patton, patton tidwell & schroeder, llp, peter john ayers, lee & hayes pllc, rosemary tyson snider, mckool smith, scott lamar cole, mckool smith, steven chase callahan, charhon, callahan, robson & garza pllc, steven john mitby, ahmad zavitsanos & anaipakos, steven john pollinger, mckool smith & theodore stevenson, iii, mckool smith pc .
congratulations to all associates at mckool smith! all of this new cash is pretty “kool. ”
mckool smith secures more 2008
top 100 verdicts
than any u. s. law firm
mckool smith helps secure settlement for liquidating trustee in d & o suit against bearingpoint, inc .
mckool smith recognized as a leading u. s. firm for patent litigation by the legal 500
the hire of christopher johnson and zachary mazin continues mckool smith' s expansion in new york, currently its largest office, and will bolster mckool smith' s financial litigation group, the firm said .
mckool smith, p. c. (about) - member directory - greater marshall chamber of commerce
mckool smith, headquartered in dallas, describes itself as a trial firm, not a litigation firm .
mckool smith associate joshua budwin also represented versata, along with legal assistants vicki meredith and joanna walls .
mckool smith recognized as a leading u. s. firm for insurance and patent litigation by the legal 500
mckool smith recognized as a 2017 leading u. s. firm for insurance and patent litigation by the legal 500
mckool smith is formidable, strategic, and focused. clients call us when they can' t afford to lose .
a pair of commercial litigators from kasowitz benson torres—christopher johnson and zachary mazin—plan to leave the firm and join mckool smith’s new york office, where they’ll focus on representing hedge funds and institutional investors in financial litigation, mckool smith said wednesday .
, mckool smith has established a reputation as one of america' s leading trial firms. the firm has been recognized by
associates at this firm coined the term the mckool method for his trial preparation. “the mckool method is really teasing me about being so intense, ” mckool says .
for mckool smith, securing judgments in excess of $ 100 million are all part of a year' s work .
( flip to the next page to see the full mckool smith pay - raise memo, from executive director gary eden. )
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 patent litigation practice provides “excellent legal strategy, substantive knowledge and a high level of technical expertise. ”
your mckool smith colleagues will always have your back. everything we do flows from a shared dedication to our principles and to each other .
congratulations to versata and mckool smith on this favorable verdict, ” said animesh kumar, chief solutioning officer, irunway. “i’m delighted that irunway was part of this winning team. this verdict marks our 4th successive and successful outcome with mckool smith across multiple litigations in 2011 .
the national law journal has recognized mckool smith principals robin cohen and douglas a. cawley as 2018 “plaintiff trailblazers” in the publication’s second ...
the mckool smith team representing versata included firm principals scott cole, sam baxter, steve pollinger, and associates joshua budwin, and leah buratti .
for the second consecutive year, mckool smith is ranked as one of the top law firms in the country for intellectual property matters. the 2010 edition of chambers usa also ranks mckool smith as one of the top commercial litigationand intellectual property litigation firms in texas. only one year after establishing the firm’s white collar litigation practice, mckool smith also is ranked as one of the top firms in new york for white collar criminal matters and government investigations .
the team of attorneys from mckool smith representing versata included firm principals sam baxter, ted stevenson, rosemary snider, steve pollinger, and scott cole .
his approach has paid off in spades. mckool smith’s client list is a who’s who of the corporate world: eds, ericsson, american airlines, exxon mobil. the firm’s work in intellectual property, which mckool spearheaded, has made mckool smith one of the go - to firms for patent cases. mckool’s intensity and focus in and out of the courtroom has won him a reputation as one of the best trial lawyers around .
the mckool smith team representing versata included firm principals scott cole, sam baxter, steve pollinger, joel thollander, and associates joshua budwin, and leah buratti .
“everyone at mckool smith is very excited to be recognized again as one of the country’s top law firms, especially since this recognition comes from one of the world’s most trusted legal publishers, ” says mike mckool, co - founder of the firm .
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 ...
people who thrive at mckool smith bring their a - game every day. in return, we provide a supportive, inclusive work environment with extraordinary opportunities to advance your career .
dallas - - mckool smith and eight attorneys from the firm have earned rankings in the prestigious chambers usa guide to the top law firms and individual attorneys in the united states .
irunway congratulates its clients – versata software and mckool smith – on this landmark verdict. the jury awarded versata $ 260 million for lost profits and $ 85 million as reasonable royalty .
“you have to be utterly sincere, ” says mckool, a founding partner of the civil litigation firm mckool smith. “arrogance is the trial lawyer’s downfall. you can have self - confidence and not be arrogant. there’s a difference between theatrics and sincerity. ”
from left: christopher bovenkamp, samuel f. baxter, david sochia, lewis t. leclair, and robert m. manley, of mckool smith. (photo: vanessa gavalya )
mckool smith houses some of the best minds in litigation anywhere. lew leclair and robert manley are brilliant, relentless and creative trial lawyers who should make anyone worry if they are across the table .
“as a trial lawyer, i’ve always been impressed by mckool smith’s success in the courtroom and its reputation as a powerhouse trial firm, ” said christopher johnson. “when you talk about the firms that are winning the big verdicts and handling the significant cases, mckool smith’s name is always a part of the discussion. my clients will benefit from the firm’s deep trial bench and highly specialized practice offerings. ”
mckool smith is the first member of the $ 160k - plus club that has announced salary raises to our knowledge. other firms we’ve not yet heard from include bickel & brewer, boies schiller & flexner, desmarais llp, susman & godfrey, wachtell lipton, and williams & connolly. will mckool smith’s move inspire other members of this elite club to raise their salaries even higher? we’ll have to wait and see .
“top 100 verdicts” over the last five years than any other law firm. mckool smith represents leading clients across a broad range of practice areas, including complex commercial litigation, intellectual property, bankruptcy, and white collar defense .
mckool rose to co - managing partner at hewett johnson, which became johnson & gibbs. he enjoyed the firm, but he found himself doing more and more management and less trial work, which he missed. in 1991, he left the firm and founded mckool smith with phil smith. they started with 11 lawyers in dallas. today, the firm has more than 90 lawyers with offices in austin and marshall, as well as dallas .
unwired planet llc attorney theodore stevenson iii of mckool smith pc said it wants 7 to 9 cents for each infringing device, but apple inc. argues that royalty amount is too high. however, stevenson said it’s ...
the mckool smith team representing versata included firm principals sam baxter, steve pollinger, scott cole, rosemary snider and laurie gallun fitzgerald, and associates kevin kneupper, steven callahan, joshua budwin, ada brown, lilanren and leah buratti .
before receiving his legal degree from the southern methodist university dedman school of law, robert attended the pushkin institute in moscow, russia, and the institute of european studies in vienna, austria. he currently leads mckool smith’s pro bono program .
every year, the national law journal' s verdictsearch affiliate scours court records to compile a listing of the nation' s largest verdicts. mckool smith' s versata verdict is ranked as the eighth largest verdict in the country during 2011 .
“i probably saw him try 30 cases and i became very comfortable in the courthouse, ” mckool says .
but by organizing the information this way, mckool can walk into court knowing everything he needs to know .
zachary mazin echoed these sentiments. “mckool smith is known for its trial prowess. however, i was especially drawn to the firm’s history of partnering with clients on creative fee arrangements. i represent a number of leading funds who have an appetite for partnering with law firms that aren’t afraid to put some skin in the game by offering mutually beneficial success fee arrangements. mckool smith is an industry leader in this area, which will be very helpful as i continue to build my practice. ”
mckool smith pc is nationally ranked in 10 practice areas and regionally ranked in 26 practice areas. the u. s. news - best lawyers®
best law firms
rankings are based on a rigorous evaluation process. read how we rank firms .
benchmark litigation recognizes mike mckool, sam baxter, and douglas a. cawley among “top 100 trial lawyers in america”
mckool smith' s bankruptcy and restructuring practice focuses on the defense and prosecution of complex lawsuits arising under bankruptcy and related state and federal laws on behalf of debtors, creditors’ committees, and other parties. the firm also represents clients in complex reorganization proceedings and out - of - court restructurings. mckool smith' s attorneys have litigated complex multi - party disputes in courtrooms and forums throughout the united states, and were among the first called before congress to provide insights on proposed changes to the federal bankruptcy code .
for winning more top 100 verdicts than any other u. s. law firm during the past three years. mckool smith represents leading clients across a broad range of practice areas, including complex commercial litigation, intellectual property, bankruptcy, and white collar defense .
early in his career, mckool says he had a few cases where he felt he could have been more prepared .
“i get bored unless i’m learning something new, ” mckool says. “then i really work at it—perfecting it. ”
our trial lawyers are involved in many of the most complex and cutting - edge disputes in the nation. if you' re looking to work on ground breaking cases and learn from some of the best trial lawyers in the business, mckool smith is the place for you .
we maintain a fierce commitment to the success of our clients, and are dedicated to maintaining a firm culture that fosters respect, trust, and collaboration. these standards have become mckool smith’s hallmark, and they enable the firm to deliver the highest levels of service to clients .
marshall, texas – mckool smith has won a $ 345 million verdict awarding damages to austin, texas - based versata software inc. in a patent infringement trial against global software giant sap america inc. (nyse: sap) and its german - based parent company sap ag .
mckool smith has been recognized in the national law journal listing of the “top 100 verdicts” of 2011 for securing a $ 345 million verdict for versata software inc. in a patent infringement lawsuit against global software giant sap america inc. and its german - based parent company sap ag .
his father, mike mckool sr. , was a trial lawyer in dallas and was involved in local and state democratic politics, getting elected as a texas state senator in 1968. in the summers, mckool often went to the courthouse with his father .
mckool always knew he would be a trial lawyer. “it never really occurred to me to do anything else, ” he says .
burleson says mckool doesn’t talk much about his law practice while they ride. if burleson asks, mckool will explain some of the technology involved in the cases he works on, such as how a cell phone works, which he had to explain to a jury .
law360, los angeles (may 10, 2017, 4: 11 pm edt) - - mckool smith pc revealed wednesday the forthcoming addition of two principals to its new york - based financial litigation practice, bringing on experienced commercial litigators christopher p. johnson and zachary w. mazin from kasowitz benson torres llp .
- irunway, a technology consulting and litigation support firm, today announced that its client mckool smith has won a $ 345 million damages verdict in favor of versata software, a technology pioneer in enterprise software, against sap america inc. (nyse: sap) and its germany - based parent company sap ag .
attorneys from mckool smith have secured a $ 391 million court judgment in favor of firm client versata software inc. , a pioneer in front - office enterprise software, following a successful patent infringement lawsuit against global software giant sap america inc. (nyse: sap) and its german - based parent company sap ag .
“we call it the bible, ” mckool says. “my copy by the time we go to trial is dog - eared and highlighted. ”
“once we started, i was immensely happier, ” mckool says. “the milieu is such that everyone i deal with is a trial lawyer. ”
judge charles everingham iv of the u. s. district court for the eastern district of texas in marshall, texas signed the judgment on september 9, 2011. mckool smith originally secured a $ 138. 6 million verdict for versata against sap in august 2009. that verdict was set aside, and a second trial was held in may 2011 .
marshall, texas – the national law firm of mckool smith is announcing a $ 138 million jury verdict against global software provider sap america (nyse: sap) and its german - based parent company sap ag, in a patent infringement lawsuit won by austin, texas - based versata software inc. , a pioneer in front - office enterprise software .
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 principals in its new york office. their anticipated arrival will bolster the firm’s financial litigation practice, which represents hedge funds and other institutional investors in a broad range of disputes against major financial institutions .
but it’s not just his cases on which mckool focuses with such intensity. he pursues his interests—guitar, motocross racing, reading and his friends—with the same focus .
later in 2007, the firm opened an office in new york city and added a white collar defense practice in response to increased government enforcement and investigations as a result of the financial crisis. in 2009, mckool smith expanded into bankruptcy litigation with the opening of its houston office. the expansion was timed perfectly to the national spike in bankruptcy filings and unsuccessful business ventures .
in addition to mr. mckool, firm principals sam baxter, douglas cawley, and ted stevenson of dallas, and austin managing principal t. gordon white earned recognition for their work in intellectual property litigation. mr. mckool, mr. baxter, and dallas principal lewis t. leclair are highlighted for their capabilities in commercial litigation
“he’s definitely at the top of his game. ” says laurie gallun, an associate at mckool smith who tried a case last year with him. “he has that way of getting the jury interested. he makes it look like it’s the easiest thing in the world. he makes it look like he woke up this morning and knew exactly what he needed to say. ”
frank vecella is a principal in mckool smith’s dallas office. prior to joining the firm, frank was with ericsson inc. for 16 years and served as associate general counsel of litigation. in that role, he managed and supervised all of ericsson’s significant litigation in the united states and canada and often provided guidance with respect to ericsson’s major disputes in other parts of the world .
, ” mckool says. “i read it my last year in grade school. i’ve read it several times as an adult, and i’ve seen the movie numerous times. ”
2. mckool recently began re - reading the discoverers: a history of man’s search to know his world and himself by daniel j. boorstin because he enjoys it so much. “it’s a collection of biographies of several people who were key discoverers, ” mckool says. boorstin was the u. s. librarian of congress when he wrote the book .
robert palmer is a principal in the los angeles office of mckool smith hennigan. robert primarily handles complex litigation and trial practice, with a special focus on disputes relating to banking and finance, securities, real estate, and the false claims act. robert joined the firm in 1995. prior to joining the firm, robert was a litigation partner at osborn maledon in phoenix, arizona, for many years .
almost 20 years ago, mike mckool asked a juror why she voted against him in a case and she said it was because of his cuff links—he came off as uppity. so he put them away. the ban isn’t just in the courtroom. it’s everywhere. if mckool won’t do something in the courtroom, he won’t do it out of the courtroom .
“i think my job is the hardest job in the world, ” mckool says. he adds that he’s 58 and that many trial lawyers burn out by age 40 because of the stress .
“we are very excited that chris and zach will be joining the firm, ” said mckool smith’s managing principal, david sochia. “their arrival will further strengthen our financial litigation practice, which has had remarkable success litigating against financial institutions in disputes concerning complex financial products, breach of fiduciary duty claims, and other matters. we will continue to see opportunities in this area as funds and other investment firms seek formidable representation against the major banks. ”
douglas a. cawley is a principal in the dallas office of mckool smith. for more than forty years, he has been engaged in the trial of complex cases and has handled major intellectual property matters throughout the united states and across the globe. he has served as lead counsel in six patent infringement trials that have earned
top 100 verdict
rankings by the national law journal and verdictsearch in 2007, 2008, 2009, 2010, 2012, and 2013 .
scenic land company llc, et al. v. sterne agee & leach inc. , et al. won a substantial verdict in a seven - week jury trial for a hotel development client in a case against an investment bank for fraud, breach of fiduciary duty, and breach of contract. the verdict and judgment were reported as the largest in hamilton county (chattanooga) history and helped mckool smith to be recognized again in law360’s “most feared plaintiffs firm” feature .
5. the civil war: a narrative by shelby foote. “the three - volume set tells the story of the civil war. it is a colorful and fascinating read about history, ” mckool says .
mckool had planned on going into practice with his father. but just prior to his graduation from the university of texas school of law in 1974, a friend invited him to a party that a dallas firm—hewett johnson swanson barbee—was hosting. mckool went for the free food and drinks. he ended up with a job. it was a difficult decision not to go with his father, but the dynamic firm impressed him .
mckool smith represented versata in the second trial, and secured a $ 260 million verdict for lost profits and $ 85 million in reasonable royalties based on the finding that sap infringed a versata patent related to pricing technology – u. s. patent no. 6, 553, 350 b2. jurors also found that sap’s products, which were redesigned in may 2010, continued to infringe the ‘350 patent. the ‘350 patent was issued in 2003 and found not to be invalid in 2009 .
“he won’t buy just one book, ” erin mckool says. “he buys 10 books and he reads them. he won’t buy just one cd, he buys 10. and he listens to all of them. ”
the litigation involved complex technology and it was important for us to prove that sap continued to infringe on our patent despite the product changes they made in 2010, ” said scott cole, principal at mckool smith. “irunway consultants worked with our lawyers and experts on this case for over four years and during the first trial it became clear that we knew sap’s software better than sap’s own engineers. irunway’s deep technical knowledge, their insights on the product and technology evolution proved invaluable yet again .
his wife, erin, says mckool is always following his interests. they frequently go to bookstores to check out new titles. he reads two books at a time, she says, and their house is filled with them .
“he was utterly sincere, ” mckool says. “he went about his work in a way that was not about himself. i see many lawyers even today—most of them are retired—and they say, ‘your dad was a great lawyer. ’”
when mike mckool isn’t reading a fact memorandum or brief, he’s probably reading a book. he often has two books going at a time, re - reading books he enjoys numerous times. here are a few of his favorites :
law360, new york (october 16, 2013, 8: 00 pm edt) - - versata software inc.' s initial loss of its $ 139 million award from business software giant sap america inc. in a patent dispute could have rattled any of its attorneys, but the team at mckool smith pc saw to it that the firm eventually scored a much larger $ 391 million bounty, niftily applying sap' s own royalty calculations to versata' s advantage in a play befitting of one of law360' s most feared plaintiffs firms .
mckool smith’s commercial litigators are experienced in all facets of complex commercial litigation, including matters involving antitrust claims, business torts, class actions, complex contract and business tort litigation, fiduciary litigation, information technology and outsourcing disputes, insurance recovery, investment fund and fund advisor litigation, merger and acquisition litigation, oil and gas royalty disagreements, securities litigation, shareholder litigation, whistleblower litigation, and structured finance and derivatives litigation. our attorneys have represented clients in complex commercial litigation in every available forum, including state and federal trials and appeals, and domestic and international mediations and arbitrations .
“he’s open and self - apparent, ” says ernest figari jr. , who worked with mckool for many years and is a founder of figari & davenport. “there are no façades, no come - ons. he’s a gold - standard trial lawyer. ”
mckool does not like the way stress makes him feel. so to avoid it, he makes sure he knows every fact of a case. he used to hole up in the hotel crescent court for days or weeks at a time to prepare for trial. mckool says he doesn’t have the stamina or the interest to work like that anymore. instead, he gives himself more time. he works for months on cases, organizing the material so that when he walks into a courtroom, he can talk confidently about every fact .
“it’s smarter, the way i do it, ” mckool says. “i know what’s important and what’s not. and i trust people more. i’ve done it so much, i know what to expect. fear of the unknown is a huge stress producer. ”
mckool smith’s white collar defense practice is led by former federal prosecutors with decades of experience in virtually every type of government investigation and prosecution. the firm’s attorneys have represented both companies and individuals in a variety of white collar matters, including allegations involving securities fraud, insider trading, bank fraud, tax violations, antitrust violations, racketeering, the foreign corrupt practices act (fcpa), environmental violations, office of foreign assets control (ofac), government procurement violations, insurance fraud, political corruption, and criminal antirust investigations. our attorneys also effectively guide major corporations, boards, and committees through sensitive internal investigations .
for several years, mckool stored his bikes in a warehouse and would spend weekends bringing them to racetracks a few hours away. he got tired of this, so he bought a 300 - acre ranch about 50 miles southwest of dallas and built his own track and trails .
whether he’s talking to a jury, a judge, an associate or a friend, mckool explains things clearly and patiently. as a child, he got into shooting skeet, where he showed great talent. he left it for several years until a friend invited him to a charity tournament and got him interested again. he built three shooting ranges at his ranch and cohosts an event every year for the boy scouts at another texas ranch. burleson says when mckool taught him to skeet shoot, he patiently watched and calmly explained what he needed to do .
3. a brief history of time by stephen hawking, an english physicist with lou gehrig’s disease. “the consensus choice is he is probably the smartest man alive, ” mckool says. in the book, hawking explains in lay terms many of the scientific concepts being researched today .
4. david copperfield by charles dickens. “i’ve read every book by charles dickens, ” mckool says. “it’s not his best book. a tale of two cities or great expectations probably is. but david copperfield is my favorite. it just has a warmth to it. ”
mckool smith has secured eleven
top 100 verdicts
since 2007; more than any other law firm in the last 5 years. in addition to the versata verdict, these victories include a $ 105. 75 million verdict on behalf of virnetx holding corporation against technology giant microsoft, a $ 200 million verdict for i4i inc. against microsoft, a $ 59 million verdict for pioneer corp. against samsung, a $ 28. 1 million verdict on behalf of a class of retired nfl football players against the national football league players association, and a $ 20 million verdict against online travel companies for more than 100 texas cities, among many other courtroom wins .
mckool smith represents clients in all aspects of intellectual property litigation, including patent infringement, trademarks, trade secrets, patent licensing, and copyright matters. the firm employs skilled and experienced trial attorneys who have the legal and technical expertise to persuade judges and juries who decide technologically complex issues. several firm attorneys also hold technical degrees and have worked as engineers themselves, providing clients with an enhanced level of experience in complex intellectual property matters. additionally, the firm’s attorneys include 10 former federal circuit clerks. the firm also maintains a practice before the international trade commission, and has significant expertise in section 337 litigation. the firm was named the south’s top patent litigation firm by
what you see is what you get with mckool. whether he’s racing a motorcycle through dirt trails on his 1, 800 - acre ranch, learning to play “hey jude” on his guitar or representing a multibillion - dollar corporation in a complex patent case, he approaches it with clarity, intensity and focus .
the third ground urged for a stay is the pendency of a ptab proceeding challenging the validity of the asserted claims of the patent in suit under a covered business method (cbm) patent review. defendants assert that the ptab has issued a non - final decision that the asserted claims are invalid. of course, on the other hand, there is a final judgment in this case finding that the claims are valid. the cbm review process was created by the leahy - smith america invents act (
aia
), pub. l. no. 112 - 29, 125 stat. 284, which directs district courts to consider the following factors in determining whether to stay their proceedings in favor of the ptab :
often, the cases he works on are extremely complex and can involve millions of pages of documents and several lawyers from his firm. to help organize and pull all the information together, mckool requires three things for every case: an index of all the exhibits in the case so he can easily find his ammunition during a trial; a proof outline, which shows all the points his side wants to make; and a fact memorandum listing all of the relevant facts and events in the case. this memo usually starts at 20 pages and sometimes ends up with more than 200 pages .
“once he started it, it was a typical mike deal. he doesn’t do anything halfway, ” says dick burleson, a former professional bike racer who lives in traverse city, mich. mckool hired burleson several years ago as a teacher, and they became close friends. “it can be a dangerous sport, if you’re unprepared and cavalier about it. it also takes a focus, and that’s what’s good about mike. when he’s on a motorcycle, he has to focus. there’s no thinking about cases. it gets him away from the law. if you’re going to do it, you need to do it right. ”
and received the publication' s 2011 “patent case of the year” honor for securing a $ 290 million judgment for i4i inc. against microsoft. the judgment was unanimously affirmed by the u. s. supreme court, and reportedly represents the largest u. s. patent infringement award to be affirmed by the supreme court. in 2012, the firm was named intellectual property “firm of the year” by
robert manley is a master in the courtroom. i' ve seen him lead a team through bet - the - company litigation in multiple venues at once. he' s a great big - picture leader and excellent at distilling complex legal topics into simple to understand concepts that are persuasive at trial. i hope i never have another case like that one but if so i' m calling robert .
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the firm’s continued growth depends on our ability to attract and retain the strongest lawyers and business support professionals—so our dedication to your success is as unwavering as our devotion to our clients .
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our office in downtown los angeles provides a broad range of services, with an emphasis on advanced commercial litigation in banking, securities litigation, and securities fraud. we also offer deep bench strength in intellectual property litigation, with extensive capabilities in copyright and trademark infringement. the firm provides comprehensive financial and consulting services to assist in the intake, discovery, and trial phases of litigation .
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mckool smith is a u.s. trial firm with more than 175 trial lawyers across offices in austin , dallas , houston , los angeles , marshall , new york city , silicon valley , and washington , dc . 
mckool smith is a u.s. trial firm with more than 175 trial lawyers across offices in austin, dallas, houston, los angeles, marshall, new york city, silicon valley, and washington, dc.
mckool smith is a u.s. trial firm with more than 175 trial lawyers across offices in austin, dallas, houston, los angeles, marshall, new york city, silicon valley, and washington, dc.