McKool Smith is a U.S. trial firm with more than 130 trial lawyers across seven offices in Austin, Dallas, Houston, Los Angeles, Marshall, New York City, and Washington, DC. The firm represents clients in disputes involving commercial litigation, intellectual property (IP), bankruptcy, and white collar defense matters.
McKool Smith was founded in Dallas, Texas in 1991 by chairman Mike McKool and Phillip N. Smith. In 1996, the firm expanded into Marshall, in the Eastern District of Texas. McKool Smith launched an intellectual property litigation practice in 2000 with the opening of its Austin, Texas office. The firm enhanced this practice with the addition of an International Trade Commission (ITC) litigation practice and a new Washington, DC office in 2007. This same year, the firm opened an office in New York and added a white collar defense practice. In 2009, McKool Smith expanded into bankruptcy litigation with the opening of its Houston, Texas office. In September 2011, McKool Smith announced the joining of Hennigan Dorman, a Los Angeles, California-based trial firm specializing in business disputes and IP litigation. The combination added 35 trial lawyers to McKool Smith's ranks and launched the firm's first California office. The combined firm, McKool Smith, conducts business as McKool Smith Hennigan in California. [1]
McKool Smith represents the plaintiff, i4i, in ongoing patent infringement actions against Microsoft (i4i Limited Partnership v. Microsoft Corporation, No. 6:07-CV-113 in the U.S. District Court for the Eastern District of Texas).
McKool Smith represented the plaintiff Versata Software (Versata Software Inc. v. SAP America Inc., 07cv153, U.S. District Court, Eastern District of Texas (Marshall)) in this patent infringement case. A federal jury in Texas found that SAP America Inc. infringed three claims of a Versata patent for product pricing software and awarded Versata $260 million in compensation and $85 million in royalties. [2]
McKool Smith secured a larger number of National Law Journal and Verdict Search "Top 100 Verdicts" over the last five years than any other law firm. [3] [4] In 2012, the Chambers USA Guide ranked McKool Smith nationally in IP litigation and regionally in Texas for IP and Commercial litigation. Ten attorneys ranked individually as leaders in their field. [5] In an August, 2012 Wall Street Journal article, McKool Smith is described as "...one of the biggest law-firm success stories of the past decades..." [6]
McKool Smith was named to The National Law Journal's 'Midsize Hot List' 2009–2011 and to the magazine's "NLJ 250 List" in 2012. [7] [8]
In March 2011, McKool Smith, named one of the Top Four patent litigation firms in the U.S. In 2011 by Managing Intellectual Property magazine, received the publication's 2011 "Patent Case of the Year" honor for securing a $290 million judgment for i4i Inc. against Microsoft. [9] The judgment was unanimously affirmed by the U.S. Supreme Court on June 9, 2011, [10] and reportedly represents the largest U.S. patent infringement award to be affirmed on appeal. [11] McKool Smith was ranked nationally as a leading firm for Intellectual Property in 2011 by The Legal 500, which stated that the firm is "…very professional and focused…and has its clients' commercial interests at heart." [12] McKool Smith secured two of the ten "Biggest IP Litigation Wins of 2011," according to Corporate Counsel Magazine, January 2012. [4] The firm was named "IP Firm of the Year" in the Southern region of the United States by Benchmark Litigation magazine, March 2011. [13]
McKool Smith Hennigan was ranked a 2010 'Best Law Firm in California' for Intellectual Property Law by U.S. News & World Report. On a national level, McKool Smith Hennigan was ranked for Bankruptcy and Creditor Rights/Insolvency and Reorganization Law. [14]
Versata is a business-rules based application development environment running in Java EE. It is a subsidiary of Trilogy, Inc.
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics. Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities, which do not practice their asserted patent, may not be considered "patent trolls", when they license their patented technologies on reasonable terms in advance.
Irell & Manella LLP is an American law firm founded in 1941 by lawyers Lawrence E. Irell (1912–2000) and Arthur Manella (1917–1997). It has approximately 70 lawyers, and placed 183rd on The American Lawyer's 2021 Am Law 200 ranking. It has two locations in Southern California: Century City and Newport Beach, as well as one in Washington, D.C. Irell specializes in intellectual property litigation and general business litigation.
Finnegan, Henderson, Farabow, Garrett & Dunner LLP, commonly known as Finnegan, is an international intellectual property law firm based in Washington, DC, United States. Finnegan was founded on March 1, 1965, by Marc Finnegan and Douglas Henderson in Washington, DC. It is one of the largest law firms focusing exclusively on the practice of intellectual property (IP) law, practicing all aspects of patent, trademark, copyright, and trade secret law, including counseling, prosecution, licensing, and litigation. Finnegan, also represents clients on IP issues related to U.S. and European patents and trademarks, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition.
Fish & Richardson P.C. is a global patent, intellectual property litigation, and commercial litigation law firm with more than 400 attorneys and technology specialists across the USA and Europe. Fish is one of the most sought-after firms for both patent litigation and patent prosecution services among Fortune 100 companies. Fish has been named the #1 patent litigation firm in the U.S. for 12 consecutive years.
Alcatel-Lucent v. Microsoft Corp., also known as Lucent Technologies Inc. v. Gateway Inc., was a long-running patent infringement case between Alcatel-Lucent and Microsoft litigated in the United States District Court for the Southern District of California and appealed multiple times to the United States Court of Appeals for the Federal Circuit. Alcatel-Lucent was awarded $1.53 billion in a final verdict in August 2007 in the U.S. District Court for the Southern District of California in San Diego. The damages award was reversed on appeal in September 2009, and the case was returned for a separate trial on the amount of damages.
William F. Lee is an American intellectual property and commercial litigation trial attorney. As co-managing partner of WilmerHale, Lee was the first Asian-American to lead a major American law firm. He is also a Senior Fellow of the Harvard Corporation, the governing board of Harvard University.
Shook, Hardy & Bacon (SHB), L.L.P. is a U.S. law firm based in Kansas City, Missouri. In 2012, The National Law Journal ranked the firm as the 87th largest in the United States. The firm has offices in Los Angeles, Atlanta, and Boston.
Harness IP is a law firm headquartered in Troy, Michigan. In October 2021, the firm announced it has adopted Harness IP as its new name. The firm previously went by the abbreviated Harness Dickey.
Vringo was a technology company that became involved in the worldwide patent wars. The company won a 2012 intellectual property lawsuit against Google, in which a U.S. District Court ordered Google to pay 1.36 percent of U.S. AdWords sales. Analysts estimated Vringo's judgment against Google to be worth over $1 billion. The Court of Appeals for the Federal Circuit overturned the District Court's ruling on appeal in August 2014 in a split 2-1 decision, which Intellectual Asset Magazine called "the most troubling case of 2014." Vringo appealed to the United States Supreme Court. Vringo also pursued worldwide litigation against ZTE Corporation in twelve countries, including the United Kingdom, Germany, Australia, Malaysia, India, Spain, Netherlands, Romania, China, Malaysia, Brazil and the United States. The high profile nature of the intellectual property suits filed by the firm against large corporations known for anti-patent tendencies has led some commentators to refer to the firm as a patent vulture or patent troll.
NAM is a provider of Alternative Dispute Resolution (ADR) services, including Arbitration and Mediation NAM provides services to business entities and individuals who seek to resolve their disputes or conflicts outside of the court system. The company maintains rosters of neutrals in all 50 states, Puerto Rico, and major cities around the world.
iRunway is a boutique technology, finance and litigation consulting firm.
James Rodney Gilstrap is the Chief United States district judge of the United States District Court for the Eastern District of Texas. He is notable for presiding over more than one quarter of all patent infringement cases filed in the nation and is often referred to by various sources as the country's single "busiest patent judge."
Keker, Van Nest & Peters LLP is a litigation boutique located in San Francisco, California, founded in 1978. The firm's areas of practice include intellectual property, professional liability, class actions, wrongful termination defense, general contract and commercial litigation, antitrust, white collar crime, and appellate.
Burleson LLP was an American law firm with offices in Denver, Houston, New Orleans, Pittsburgh and San Antonio. It closed its doors in December 2015.
Uniloc USA, Inc. v. Microsoft Corp., 632 F.3d 1292, was a patent lawsuit originally filed in the U.S. District Court for the District of Rhode Island.
Kara Ann Farnandez Stoll is a United States circuit judge of the United States Court of Appeals for the Federal Circuit.
Versata Development Group, Inc. v. SAP America, Inc., 793 F.3d 1306, is a July 2015 decision of the Federal Circuit affirming the final order of the Patent Trial and Appeal Board (PTAB), the recently created adjudicatory arm of the United States Patent and Trademark Office (USPTO), invalidating as patent ineligible the claims in issue of Versata's U.S. Patent No. 6,553,350. This was the first case in the Federal Circuit reviewing a final order in a Covered Business Method (CBM) invalidation proceeding under the America Invents Act (AIA). The case set an important precedent by deciding several unsettled issues in the interpretation of the CBM provisions of the AIA>, including what are business-method patents under the AIA and whether the AIA authorizes the PTO to hold such patents invalid in CBM proceedings on the ground that they are patent ineligible under 35 U.S.C. § 101 as "abstract ideas."
Mike McKool is an American trial lawyer. He is co-founder and chairman of law firm McKool Smith. He represented music producer Quincy Jones in a legal battle against Michael Jackson's estate in 2017. McKool has tried more than 100 cases to juries, resulting in verdicts and judgments of more than $1 billion.
Ada Elene Brown is a United States district judge of the United States District Court for the Northern District of Texas. She is a former trial judge of the Dallas County courts and a former Justice of the Fifth Court of Appeals of Texas. She is the first African-American woman federal judge nominated by President Donald Trump and confirmed by the Senate. She is also the first African American woman to sit as a federal judge in the 140- year-history of the Northern District of Texas. A citizen of the Choctaw Nation, Brown is also one of six actively serving Native American federal judges of 673 federal district court judges. When appointed to the federal bench, Brown became the only woman judge in the 233-year history of the Choctaw Nation to serve as a federal judge.