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Background

Michael McKeon is a Principal in the Washington, D.C., office of Fish & Richardson and a member of the firm’s Management Committee and the firm’s award-winning intellectual property litigation group. Mr. McKeon serves as lead trial counsel representing clients in intellectual property matters in federal district courts throughout the U.S. and is one of the country’s leading authorities on litigation at the U.S. International Trade Commission (ITC).  He has successfully tried dozens of cases and has led trial teams in some of the most significant disputes on behalf of the world’s most well-known high technology companies.  Mr. McKeon also regularly appears on behalf of clients at the United States Court of Appeals for the Federal Circuit.  In addition to his decades of trial work, Mr. McKeon is a highly regarded strategist with a long track record of developing areas of law on behalf of his clients.

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 developed and is teaching the highly successful and first law school class in the country dedicated to Section 337 cases before the ITC.  Mr. McKeon also serves as Chair of the Intellectual Property Advisory Board at the George Washington University Law School.  In 2014, Mr. McKeon was inducted into the University of Connecticut’s Academy of Distinguished Engineers and he currently serves as a member of the Advisory Board for the School of Engineering.

Education

George Washington University Law School 1996
J.D.
with highest honors (top 1%), Order of the Coif


University of Connecticut 1990
Mechanical Engineering, Materials Engineering, B.S.
magna cum laude

Admissions

  • U.S. Patent and Trademark Office
  • District of Columbia
  • New York
  • Virginia

Clerkships

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

Other Distinctions

Mr. McKeon has earned numerous awards and honors including being selected in The Best Lawyers in America for Litigation – Patent (2008-2020), Washington, DC Super Lawyers for Intellectual Property Litigation (2011-2019), and “IP Star” by Managing Intellectual Property (2014-2019), and being recognized in IAM Patent Litigation 250/1000 – The World’s Leading Patent Litigators (2010-2019). He was also recognized in Who’s Who Legal Patents Lawyers (2016-2018).  He was also one of 20 lawyers in Washington, D.C. to be selected as “Visionary” in National Law Journal’s Legal Times for his outstanding business foresight and legal acumen (2012).  He was one of one hundred lawyers identified for Super Lawyers’ Top 100 in the Washington, D.C. legal market (2016-2018).  He was also one of 50 lawyers in the U.S. selected by the National Law Journal as an “Intellectual Property Trailblazer & Pioneer” for his work in intellectual property (2014).  Mr. McKeon was also featured in The American Lawyer representing Fish & Richardson as a finalist for IP Litigation Department of the Year (2010, 2014, 2015) and featured in the National Law Journal’s 2014 and 2015 Appellate Hot List for his representation at the Federal Circuit.  In addition, Mr. McKeon is featured in Chambers USA for both Intellectual Property and ITC Section 337 cases.

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:

“MISSION: IMPOSSIBLE – Accepting the Mission: Strategies for Preventing the Theft & Misappropriation of Your Trade Secrets” (October 3, 2019 – Austin, TX)

“Willful Infringement and Damages in Patent Litigation,” The 5th Korea Intellectual Property Lawyers Association Annual International Seminar (May 27, 2019 – Seoul, Korea)

“The Good, The Bad, and the Ugly of the New (WDTX) & Dominant (EDTX) Patent Litigation Frontier – A look at venue, transfer, damages and other trends in the most notorious forums in the U.S.” (May 2019 – Seoul, Korea)

“Fuel & Fire – The Movement to Extinguish the Patent System” (November 1, 2017 – Washington, DC)

ITC’s Powerful Patent Remedies,” Metropolitan Corporate Counsel (January 2017)

Rainmaker Q&A: Fish & Richardson’s Michael McKeon,” Law360 (September 2016)

Keeping Up With the ITC,” interview with The Metropolitan Corporate Counsel (October 2014)

“The Assault on the Patent System – A Record Year of Case Developments and Trends” (June 24, 2014 – Seoul, Korea)

“The Global Dialogue – Innovation and Capital,” Federal Circuit Bench & Bar and US Chamber of Commerce (May 23, 2014 – Washington, DC)

“The Federal Circuit Year in Review – New Law and New Trends You Need to Know” (July 3, 2013 – Seoul, Korea)

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

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

“Inside the Mind of an Infringer – the Scope of Liability for Induced Infringement” (July 22, 2010 – Seoul, Korea)

“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 music lover and running enthusiast (including completing many marathons).

Experience

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Testimonials

“Mike is brilliant in court.”
— 2019 IAM Patent 1000

“Mike McKeon made it possible to create strategies under a big picture. He planned effectively, provided valuable insight and produced excellent results.”
— 2019 Chambers and Partners

“Mike is an excellent trial lawyer. He has high energy, is quick on his feet and has a deep understanding of the ITC. He expertly handled incredibly complex matters.”
— 2018 Chambers and Partners

“Michael is incredibly smart, works intensely hard, has a way with people and delivers arguments and presentations with finesse. He is also outstanding in terms of developing strategy.”
— 2018 IAM Patent 1000

“McKeon’s ‘high-energy and tenacious” style lends itself well to ITC patent litigation, but he is ‘very comfortable in any courtroom’ and has prevailed in many a district court, as well as before the Court of Appeal for the Federal Circuit.”
— 2017 IAM Patent 1000

“He develops cases very efficiently for trial and his broad strategic overview sets him apart as a stellar attorney.  He can handle different cases in different venue – and different countries – simultaneously, and is excellent on his feet.’”
— 2016 IAM Patent 1000

“Michael McKeon has been a key figure in the ongoing smartphone wars.  He has worked tirelessly to secure the right results in some of the most bitterly fought patent spats around.”
— 2013 IAM Patent 1000

What's trending with Michael

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News
June 20, 2019
Fish & Richardson Receives Top “Gold” Ranking from IAM Patent 1000 for National Patent Litigation Practice
Press Release
News
February 22, 2018
Fish & Richardson Receives Top “Band 1” 2018 Rankings for Intellectual Property and ITC Practices from Chambers Global
Press Release
News
May 22, 2019
Fish & Richardson Announces 32 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
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May 21, 2019
Fish & Richardson Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2019
Press Release
Event
May 27th, 2019
Korean Intellectual Property Law Association (KIPLA) Conference
Speaking Engagement
News
March 4, 2019
Fish & Richardson Receives Top “Band 1” 2019 Rankings for Intellectual Property and ITC Practices from Chambers Global
Press Release
News
August 15, 2018
47 Fish Attorneys Named to The Best Lawyers in America® 2019 List
Press Release
News
June 14, 2018
Fish Receives Top “Gold” Ranking from IAM Patent 1000 for National Patent Litigation Practice
Press Release
News
May 22, 2018
Fish & Richardson Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2018
Press Release
News
May 21, 2018
Fish & Richardson Announces 39 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
Press Release
Event
March 18th, 2015
Managing IP 8th Annual North America Awards Ceremony
Speaking Engagement
Event
September 12th, 2010
IPO Annual Meeting 2010
Speaking Engagement
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