McKool Smith

Intellectual Property Department

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What the team is known for Impressive trial capability in high-value patent litigation on behalf of globally recognized brand names in industries including technology and life sciences. Draws on a wealth of resources to offer a wide-ranging service, fielding strong experience in administrative proceedings such as inter partes reviews as well as courtroom litigation in district courts, Federal Circuit courts, the Patent Trial and Appeal Board (PTAB) and the ITC. Go-to firm for plaintiffs seeking to file multimillion-dollar claims against competitors, as well as offering strong defense capabilities.

Strengths One source reports: "They are a fantastic patent firm. They're probably the most savvy firm available for patent litigation in East Texas."

Another states: "Their strengths are their ability to formulate strategy and their ability in the courtroom."

Sources describe them as "one of the real powerhouses of IP in Texas."

Work highlights Acted for Ericsson to bring claims against TCL alleging the willful infringement of a patent concerning a system controlling access to a platform for wireless telecommunications systems.

Notable practitioners

Douglas Cawley offers decades of experience representing major clients in complex patent litigation, with recent work including matters pertaining to the technology and telecommunications industries. Interviewees label him "a tremendous litigator."

Kevin Burgess is praised for his "very strong technical background," with one source describing him as "the guy who understands the tech at issue and fits the arguments around those types of patent issues." Among other recent matters, he represented Odyssey Wireless to bring patent infringement claims against Samsung, Apple, LG Electronics and Motorola regarding the technology that governs upload speeds in 4G cell phones.

Firm founder and chair Mike McKool is described by one source as "a real Texas powerhouse" and "a national go-to for patent litigation." He enjoys an outstanding reputation as one of the state's leading exponents of patent litigation, handling such matters as part of a broader practice that also encompasses general commercial disputes.

Samuel Baxter is described as "a legend in the field" who "has really made his mark on patent litigation in the Eastern District of Texas." He is deeply experienced at acting in patent infringement disputes for clients from a diverse range of industries, including the telecom, medical device and automotive sectors.

Steve Pollinger is noted for his technical background, which he brings to bear on the patent cases he handles for notable clients in the oil and gas, software and electronics sectors, among others. One source describes him as "a master of the technology in the cases he handles."

Theodore Stevenson is widely renowned for his trial work both for and against major players in a broad range of industries, including oil and gas, technology and telecommunications. One client says: "He has a great ability to break down a case and pick out what will be important to a jury, and focus on that so they can really identify with the case."

The hugely experienced William LaFuze is a widely renowned figure in the Texas legal market, with a wealth of experience acting in IP disputes. He also provides clients with strategic IP counseling and assists with licensing matters.