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Michael J. McKeon

Principal


Washington, DC
202-626-6448
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Michael McKeon is a Principal in the Washington, D.C. office of Fish & Richardson and a member of the firm's Management Committee.

Mr. McKeon is a highly respected trial and litigation attorney with numerous awards and honors including being listed by U.S. News Best Lawyers for Litigation – Patent (2008-2012) and being selected to Washington, D.C. Super Lawyers (2011-2012). Mr. McKeon also has been recognized in IAM Patent Litigation 250 – The World’s Leading Patent Litigators (2010), The Lawdragon Leading Lawyers in America (2010), AsiaLaw Leading Lawyers (2008 & 2009).  Mr. McKeon was also featured in The American Lawyer representing Fish & Richardson as a finalist for IP Litigation Department of the Year (2010). In addition, Mr. McKeon has been featured in Chambers USA for both Intellectual Property and ITC Section 337 cases.  Mr. McKeon's national trial practice focuses on high technology litigation and he has extensive experience in electrical technologies including telecommunications, semiconductors, and a wide variety of consumer electronics. Mr. McKeon represents some of the world's most well-known technology companies, often in their most important, high stake patent infringement cases. Mr. McKeon serves as lead counsel to both plaintiffs and defendants. He is experienced in matters before Federal District Courts, the United States International Trade Commission, and the Court of Appeals for the Federal Circuit. Mr. McKeon has successfully tried numerous jury and bench trials in courts throughout the country with a particular focus on E.D. Texas, D. Del. and E.D. Va. He has deep experience in matters before the United States International Trade Commission having successfully tried and litigated dozens of cases there.   

After graduation from engineering school in 1990, Mr. McKeon started his intellectual property career as a Patent Examiner with the United States Patent and Trademark Office and continued to work full-time while attending law school in the evenings at the George Washington University Law School. Mr. McKeon was a Judicial Clerk to the Honorable William C. Bryson of the United States Court of Appeals for the Federal Circuit. Mr. McKeon has been with Fish & Richardson since completing his clerkship where he has been instrumental in the firm’s growth from 120 lawyers in a few offices to over 400 in eleven offices nationwide.

Mr. McKeon is an Adjunct Professor at the George Washington University Law School where he is teaching the first law school class in the country dedicated to Section 337 cases before the U.S. International Trade Commission (co-teaching with Judge Theodore R. Essex).  Mr. McKeon is also active in numerous professional organizations including the Federal Circuit Bar Association (where he is Co-Chair of the Patent and Trademark Office Committee) and the Intellectual Property Owners Association (where he serves on the International Trade Commission Committee).

Admissions

  • United States Patent and Trademark Office 1994
  • New York 1997
  • District of Columbia 1998
  • Virginia

Government Services

Patent Examiner, U.S. Patent and Trademark Office 1990 - 1993

Clerkships

  • The Honorable William C. Bryson, United States Court of Appeals for the Federal Circuit, 1996 - 1997

Other Distinctions

Selected publications and presentations

Mr. McKeon is a frequent lecturer on district court and ITC litigation and trial practice. Mr. McKeon’s lectures, publications, and appearances include:

“Thriving in Markman Hearings” (23rd Annual All Hands Meeting - Silicon Valley Association of General Counsel) (scheduled for December 7, 2011)

“Alternatives to District Court Litigation - Section 337 Proceedings in the ITC,” 2010 IPO Annual Meeting (September 14, 2010 - Atlanta)

"Master Class: Enforcement of ITC Exclusion Orders," American Conference Institute, ITC Litigation and Enforcement (February 24-26, 2010 – New York)

"ITC Update: Remedies, Enforcement & Other Developments," 14th Annual Advanced Patent Law Institute,” The University of Texas School of Law (October 30, 2009 - Austin).

"Kyocera Decision and its Implications for Future Section 337 Practice," ITC Trial Lawyers Association (May 6, 2009 – Washington, D.C.).

"E-Discovery: What You Need to Know To Avoid Sanctions, Protect Your Information and Minimize Costs" (June, 2008 – Seoul, Korea ).

"Current Issues Surrounding Patent Eligibility under 35 U.S.C. 101 – Government, Academic and Private Sector Perspective," The Federal Circuit Bar Association (May 22, 2008 – Washington, D.C.).

"Strategies for Enforcing and Defending Intellectual Property Rights," National Asian Pacific American Bar Association (November, 2007 – Las Vegas, Nevada).

"The Current State of Re-Exams at the USPTO," The Federal Circuit Bar Association (September 13, 2007 – Washington, D.C.).

"Veni, Vidi, Vici: Conquering Your Adversaries in the United States Patent Litigation Battle" (December 12, 2006 - Seoul, Korea).

"Advantages of a Section 337 Investigation at the US International Trade Commission," IP Litigator, Vol. 12, No. 3 (May/June 2006) (co-author).

"Patent Reform & Legislative Changes on the Horizon" (November, 2005 – Seoul, Korea).

"The Eastern District of Texas: The Good, The Bad, and the Ugly of the New Patent Litigation Frontier" (November 2, 2005 – Seoul, Korea).

"The Patent Marking and Notice Statute: A Question of 'Fact' or 'Act'?" Harv. J. of Law & Tech., 9, 421 (Summer 1996) (Finnegan Award).

"Lotus v. Borland: Copyright Protection of Computer Software in a State of Transition," Copyright World, 53, 16 (September 1995).

Additional information
Mr. McKeon was born and raised in Niantic, Connecticut. He now lives with his wife in Alexandria, Virginia. Mr. McKeon is a running enthusiast (including completing many marathons).

Education

  • BS, University of Connecticut 1990
    Mechanical Engineering, Materials Engineering
    magna cum laude
  • JD, George Washington University Law School 1996
    with highest honors (top 1%), Order of the Coif

Services

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