McKool Smith is a U.S. trial firm with more than 130 trial lawyers across seven offices in Austin,

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, and

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. The firm represents clients in disputes involving complex commercial litigation,

intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...

(IP), bankruptcy, and white collar defense matters.

History

McKool Smith was founded in

Dallas, Texas Dallas () is the third largest city in Texas and the largest city in the Dallas–Fort Worth metroplex, the fourth-largest metropolitan area in the United States at 7.5 million people. It is the largest city in and seat of Dallas County w ...

in 1991 by Chairman Mike McKool and Phillip N. Smith. In 1996, the firm expanded into

, in the

Eastern District of Texas The United States District Court for the Eastern District of Texas (in case citations, E.D. Tex.) is a federal court in the Fifth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed t ...

. McKool Smith launched an intellectual property litigation practice in 2000 with the opening of its

Austin, Texas Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most-populous city ...

office. The firm enhanced this practice with the addition of an

International Trade Commission The United States International Trade Commission (USITC or I.T.C.) is an agency of the United States federal government that advises the legislative and executive branches on matters of trade. It is an independent, bipartisan entity that analyze ...

(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 Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...

-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. McKool Smith represents the plaintiff, i4i, in ongoing patent infringement actions against

Microsoft Microsoft Corporation is an American multinational technology corporation producing computer software, consumer electronics, personal computers, and related services headquartered at the Microsoft Redmond campus located in Redmond, Washing ...

(i4i Limited Partnership v.

Microsoft Corporation Microsoft Corporation is an American multinational technology corporation producing computer software, consumer electronics, personal computers, and related services headquartered at the Microsoft Redmond campus located in Redmond, Washingt ...

, 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 Sap is a fluid transported in xylem cells (vessel elements or tracheids) or phloem sieve tube elements of a plant. These cells transport water and nutrients throughout the plant. Sap is distinct from latex, resin, or cell sap; it is a separ ...

Inc. infringed three claims of a Versata patent for product pricing software and awarded Versata $260 million in compensation and $85 million in royalties.

Recognition

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.McKool Smith Scores Two of '10 Biggest IP Litigation Wins of 2011,' ''Corporate Counsel Magazine'', (January 2012) 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. In an August, 2012

Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...

article, McKool Smith is described as "...one of the biggest law-firm success stories of the past decades..." McKool Smith was named to

The National Law Journal ''The National Law Journal'' (NLJ) is an American legal periodical founded in 1978. The NLJ was created by Jerry Finkelstein, who envisioned it as a "sibling newspaper" of the '' New York Law Journal''. Originally a tabloid-sized weekly newspa ...

's 'Midsize Hot List' 2009-2011 and to the magazine's " NLJ 250 List" in 2012. 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 ''Managing Intellectual Property'' (also known as Managing IP or MIP) is a monthly magazine published in English and specializes in intellectual property.Managing Intellectual Property website''About us'' Consulted on June 27, 2018 Jeremy Phillip ...

, received the publication's 2011 "Patent Case of the Year" honor for securing a $290 million judgment for i4i Inc. against

. The judgment was unanimously affirmed by the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

on June 9, 2011, and reportedly represents the largest U.S. patent infringement award to be affirmed on appeal. McKool Smith was ranked nationally as a leading firm for

Intellectual Property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...

in 2011 by The Legal 500, which stated that the firm is "…very professional and focused…and has its clients' commercial interests at heart." McKool Smith secured two of the ten "Biggest IP Litigation Wins of 2011," according to Corporate Counsel Magazine, January 2012. The firm was named "IP Firm of the Year" in the Southern region of the United States by Benchmark Litigation magazine, March 2011. McKool Smith Hennigan was ranked a 2010 'Best Law Firm in California' for

Intellectual Property Law Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...

by U.S. News & World Report. On a national level, McKool Smith Hennigan was ranked for Bankruptcy and Creditor Rights/Insolvency and Reorganization Law.

References

{{Reflist

External links

Official website
Law firms based in Dallas Law firms established in 1991 Intellectual property law firms 1991 establishments in Texas