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Background

Douglas E. McCann is a Principal in the Delaware office of Fish & Richardson. He leads and tries cases for some of the world’s best known companies in critical patent cases. He has worked for both plaintiffs and defendants in a variety of industries. Doug’s practice has an emphasis on life sciences and biotech litigation, and has also included technologies as diverse as medical devices, computer software and hardware, and satellite communications. Doug’s courtroom experience includes jury and bench trials in courts across the country including California, Texas, North Carolina and Delaware, as well as the International Trade Commission. Doug also has represented clients in inter partes review proceedings. Doug argues appeals before the United States Court of Appeals for the Federal Circuit.

Doug currently serves on the Lawyers Advisory Committee of the Judicial Council of the Third Judicial Circuit. He has previously served as a member of the District of Delaware Advisory Committee, as well as the faculty of the District of Delaware Federal Trial Practice Seminar, and as an officer of the Delaware Chapter of the Federal Bar Association.

Prior to joining Fish & Richardson in 2008, Doug was an Assistant United States Attorney for the District of Delaware and served as both a criminal and civil AUSA with duties including prosecuting and supervising investigation of all manner of complex white collar, money laundering and narcotic cases, and initiating and defending civil litigation in areas including asset forfeiture, health care fraud, environmental, medical malpractice, tort, and employment cases. He has successfully litigated multiple cases before several Courts of Appeal. Doug was previously a litigation associate in the Delaware office of Skadden, Arps, Slate, Meagher & Flom LLP (2000-2002), and he was a Law Clerk for the Honorable Joseph J. Farnan, Jr., of the District of Delaware (1999-2000).

After graduating from the Naval Academy, Doug served as an artillery officer in the United States Marine Corps.

Education

Fordham University School of Law 1999
J.D.
Fordham Law Review


United States Naval Academy 1989
History, B.S.

Admissions

  • Delaware
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of Delaware

Clerkships

United States District Court for the District of Delaware, The Honorable Joseph J. Farnan Jr. (retired 2010), 1999 - 2000

Other Distinctions

Named “IP Star” by Managing Intellectual Property Magazine, 2014 – 2020

IAM Patent 1000: The World’s Leading Patent Professionals list, 2018 – 2020

“Stand Out Lawyer,” Acritas, 2018

“Lawyer of the Year – Litigation” IP in Delaware by Best Lawyers, 2018

Life Sciences Group Of The Year: Fish & Richardson,” Law360 award, 2018

Selected for the “IAM Patent 1000″ List for Litigation and Transactions, 2015, 2016, 2017, and 2018

Selected for inclusion in the 2015, 2017, 2018, 2019, 2020 editions of Chambers USA: America’s Leading Lawyers for Business as a leader in his practice area

“Outstanding IP Litigation – Delaware ,” Managing Intellectual Property  North America Outstanding IP Litigator Awards Shortlist, 2016

Named Life Sciences IP Attorney of the Year in Delaware by Corporate INTL Magazine, 2014 and 2015

Named to Best Lawyers since 2010

Media Mentions

Quoted, “How To Deliver A Stellar Opening Statement In A Patent Trial,” Law360 (September 16, 2019).

Publications

Mr. McCann is a contributing author to Fish’s IP Law Essentials.

How To Present a Persuasive Opening Statement in a Patent Jury Trial,” co-authored with Scott Flanz, Fish IP Law Essentials Blog (August 12, 2020).

Where Juries Come From,” co-authored with Alexander Kykta, Katherine Reardon, Cheryl Wang, Fish IP Law Essentials Blog (May 1, 2020).

Experience

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“Excellent litigator’s sense, excellent knowledge of the judicial bench in Wilmington, Delaware, and an excellent litigator’s drive.”

— Stand Out Lawyer, Acritas

“Doug is a very good trial lawyer, a very good thinker. He’s a commanding presence in the courtroom and very well respected. I’ve used him for advice and analysis. He is top flight, and he knows the courtroom and how patents play out. He’s a very strategic guy.”

“He’s an effective advocate and a good guy. He’s well respected in the courtroom.”

— Client testimonials, 2016 Chambers and Partners

What's trending with Doug

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News
August 12, 2020
Fish & Richardson Receives Top “Gold” Ranking from IAM Patent 1000 for National Litigation Practice; National Rankings in the Plaintiff Firm and Prosecution Firm Categories
Press Release
Recognition
News
Fish Litigation Blog
August 12, 2020
How To Present a Persuasive Opening Statement in a Patent Jury Trial
Authors: Scott M. Flanz, Douglas E. McCann
IP Litigation
IP Law Essentials
News
November 20, 2018
Fish & Richardson Wins Two Jury Verdicts in Successive Weeks for Power Integrations
Press Release
News
News
August 4, 2020
32 Fish & Richardson Attorneys Named 2020 “IP Stars” by Managing Intellectual Property Magazine
Recognition
News
News
June 2, 2020
Fish & Richardson Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2020
Press Release
Recognition
News
Fish Litigation Blog
May 1, 2020
Where Juries Come From
Authors: Cheryl Wang, Alexander Kykta, Katherine Reardon, Douglas E. McCann
IP Law Essentials
News
June 20, 2019
Fish & Richardson Receives Top “Gold” Ranking from IAM Patent 1000 for National Patent Litigation Practice
Press Release
Recognition
News
News
May 22, 2019
Fish & Richardson Announces 32 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
Press Release
Recognition
News
News
May 21, 2019
Fish & Richardson Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2019
Press Release
Recognition
News
Event
May 3rd, 2018
Federal Bar Association Bench & Bar Conference - Delaware Chapter
Speaking Engagement
Event
March 18th, 2015
Managing IP 8th Annual North America Awards Ceremony
Speaking Engagement
Event
February 7th, 2013
Bio NJ 20th Anniversary Annual Dinner Meeting
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