Practice Experience
Mr. McGann is a partner in White & Case's Competition group focused on patent litigation and counseling with an emphasis in the electrical arts, such as microprocessor designs, mobile communications, e-commerce, semiconductor devices and fabrication techniques, computer peripherals, control systems, electrical power transmission and maintenance and software-related inventions. Mr. McGann has also litigated matters and counseled clients in the areas of pharmaceuticals and biotechnology. In addition to his litigation and counseling experience, Mr. McGann has worked with both issuers and underwriters in connection with public and private offerings, including approximately a half-dozen relating to Israel-based companies.
Recent patent litigation clients include cases for Google, Verizon Wireless, Panasonic, Marvell Semiconductor and KeyScan in cases before the courts in Southern District of New York, the District of Delaware, the District of New Jersey, the Eastern District of Texas and the Northern District of California.
Recent/Representative Matters:
- Representation of Google in a patent infringement matter filed in the District of Delaware, Xpoint Technologies Inc. v. Microsoft et al., Civil Action No. 09-CV-00628.
- Representation of Google in a patent infringement matter filed in the US District Court, Southern District of New York (Manhattan), by Wireless Ink Corporation (Wireless Ink Corp. v. Facebook Inc., 10-cv- 01841). We obtained a stay of all discovery pending claim construction.
- Representation of Google in a high-profile patent infringement matter filed by Interval Licensing LLC, in the US District Court of the Western District of Washington against major Internet search and e-commerce companies alleging that they have infringed on four patents held by Interval Licensing. (Interval Licensing LLC v. AOL, Apple, eBay, Facebook, Google, Netflix, Office Depot, OfficeMax, Staples, Yahoo!, and YouTube (W.D. Wash. 2010).
- Representation of KeyScan, Inc., in a patent infringement case relating to computer peripherals, Soque Holdings (Bermuda) Ltd., v. KeyScan, Inc. (N.D. Cal. 2009). We recently argued for and obtained a favorable claim construction ruling (June 2010). We had also previously obtained a dismissal of the action brought by Soque's child company Visioneer and an award of fees which was an unusual result.
- Representation of Marvell Technology Group in various patent litigations and strategic patent counseling matters. Most recently we represented Marvell in a high-stakes patent litigation involving wireless local area network technology, Marvell Semiconductor, Inc. et. al. v. Commonwealth Scientific and Industrial Research Organisation. At the Pre-Trial Conference, claim construction was addressed and argued and the parties subsequently entered into settlement discussions and reached a tentative settlement very favorable for our client.
- Representation of Cellco Partnership d/b/a Verizon Wireless in a patent infringement action brought by Netcraft Corporation (Netcraft Corporation v. AT&T Mobility et al., Civil Action No. 07-651 (GMS)) in the District of Delaware. We took the lead in preparing all of the claim construction on behalf of all of the wireless carriers.
Mr. McGann counsels clients in a wide variety of technologies and industries with respect to patent procurement and enforcement and evaluation of third-party intellectual property for product clearance and potential business combinations. Mr. McGann has also advised these clients with respect to licensing their intellectual property or obtaining licenses from third parties.
Mr. McGann is routinely involved in counseling both underwriters and technology companies concerning intellectual property in connection with public securities offerings, as well as counseling lenders and acquirers in private transactions concerning technology companies.
Mr. McGann has represented clients in patent infringement and unfair competition litigation in a variety of different district courts and before the Court of Appeals for the Federal Circuit in diverse areas of technology. Representative technologies include microprocessor and integrated circuit design/fabrication, mobile communications, e-commerce applications, semiconductor device physics and fabrication equipment, image scanning and compression, attitude control systems for satellites, electrical power transmission/maintenance, software, genetic engineering, polymer chemistry, pharmaceuticals, biotechnology and business methods.
Bars and Courts
New York State Bar
US District Courts for the Southern and Eastern Districts of New York
US District Court for the District of New Jersey
US Court of Appeals for the Federal Circuit
US Patent and Trademark Office
Education
JD, Fordham University School of Law, with Honors, Associate Editor, Fordham Law Review, Order of the Coif, 1995 BSEE, Manhattan College, with Honors, 1989
Publications
Co-author, "Federal Circuit Vacates Lucent Damages Award and Provides Guidance for Reasonable Royalty Analysis", IT, Internet and Outsourcing Bulletin, December 2009 (with Daren M. Orzechowski and Aaron Chase) Co-author, "Business Method Patents: Supreme Court's Decision in Bilski Effectively Returns to the Status Quo Ante the Federal Circuit's Decision," White & Case Client Alert, July 2010 (with Warren Heit, David Tennant and Amy Bagdasarian) Co-author, "False Marking Statute Applies to Articles Marked with Expired Patents," White & Case Client Alert, June 2010 (with Dimitrios Drivas, Christopher Glancy and Bijal Vakil) Co-author, "Forest Group Spawns a Flurry of False Marking Litigation," White & Case Client Alert, March 2010 (with Dimitrios Drivas)
Languages
English
Citizenship
United States
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