John’s practice focuses on high-stakes intellectual property disputes. He is one of the country’s top practitioners at the Patent Trial and Appeal Board, and his successes in front of the PTAB have led to being named to Patexia’s list of top 100 attorneys representing Petitioners at the PTAB every year since 2019.
John has a degree in electrical engineering from the University of Texas at Austin and has applied his technical training to patent litigation matters including technologies such as the Android operating system, DOCSIS, automotive wireless hotspots, anti-malware software, LEDs, magnetic backup tapes, cellular baseband processors, 3G/4G cellular standards, and cloud infrastructure. Mr. McKee has litigated in jurisdictions throughout the country, including the Northern, Western, and Eastern Districts of Texas; the Northern, Central, and Southern Districts of California; the District of Delaware; the Eastern District of Michigan; the Court of Appeals for the Federal Circuit; the International Trade Commission; and the PTAB.
Mr. McKee has handled all aspects of litigation from pre-suit diligence through ongoing royalties proceedings following resolution of post-trial motions. He was lead counsel for Sony on IPRs filed by FUJIFILM, and has argued at the PTAB on behalf of Samsung, IBM, and BlackBerry.
Prior to joining the firm, Mr. McKee was an associate at Fitzpatrick, Cella, Harper & Scinto. While at Fitzpatrick, Mr. McKee represented a variety of clients in patent litigation matters.
Since 2014, Mr. McKee has been selected as a New York “rising star” by Super Lawyers magazine.
- On behalf of IBM, obtained a Final Written Decision from the PTAB finding all asserted claims of a patent invalid.
- On behalf of Samsung, obtained a Final Written Decision from the PTAB finding all asserted claims of two asserted patents invalid. Arguments focused on secondary considerations, put at issue by patentee during the hearing. The Board’s decision rejected these secondary considerations arguments.
- Represented IBM in two litigations involving related patents. In the first, invalidated all claims as indefinite at claim construction. This indefiniteness ruling was upheld by the Federal Circuit. In the second, litigated through the end of fact discovery while filed IPR was pre-institution. Case was stayed pending resolution of the IPR, and patentee’s motion to amend to add claims post-institution was denied.
- Represented Sony in two IPRs as Patent Owner. The Board issued a Final Written Decision upholding the validity of all challenged claims.
- Represented Qualcomm in two ITC investigations as well as co-pending district court cases related to trade secret misappropriation. The initial determinations in these cases led to the global settlement between Qualcomm and Apple.
- On behalf of Samsung, defeated Apple’s requests for ongoing royalties following a jury verdict of infringement, a Federal Circuit panel decision reversing the verdict in Samsung’s favor, and a reversal by the en banc Federal Circuit.
- Boston College Law School
- The University of Texas at Austin
(B.S., Electrical Engineering, 2007)
- The State Bar of New York
- United States District Court:
- Southern District of New York
- Eastern District of New York
- Eastern District of Michigan
- Eastern District of Texas
- United States Court of Appeals:
- Federal Circuit
- Registered to Practice Before the United States Patent and Trademark Office
- Fitzpatrick, Cella, Harper & Scinto:
- Associate, 2010-2012
- Ranked in The Best Lawyers in America: Ones to Watch for Litigation – Intellectual Property, Patent, 2024
- Selected as a Super Lawyers “Rising Star” for New York, 2014-Present
- Ranked among Patexia’s Top 100 attorneys representing Petitioners since 2019 (#8 in 2020)