Scott A. McKeown
Tel (703) 412-6297

Scott A. McKeown


Scott A. McKeown is a member of the firm's Management Committee, and co-chairs the Post-Grant Patent practice group focusing on post-grant counseling, litigation and related prosecution issues. He leads the Post-Grant Patent team responsible for electronics, wireless communications, software and computer-related inventions and business methods.

Mr. McKeown handles all aspects of post-issuance proceedings at the United States Patent and Trademark Office (USPTO) including patent reissue and reexamination proceedings, post-grant patent trials, and appeals to the Court Of Appeals for the Federal Circuit. He offers his clients comprehensive post-grant patent counseling including advice on USPTO post-grant proceedings concurrent with complex International Trade Commission (ITC) and district court litigations.

Having successfully navigated USPTO post-grant patent proceedings in which more than half a billion dollars was at stake, Mr. McKeown is one of the preeminent post-grant practitioners in the United States. He is lead post- grant counsel to some of the largest corporations in the world.

Mr. McKeown has been identified by Intellectual Asset Management as a “thought leader” and one of the world’s leading patent practitioners for adversarial post-grant USPTO patent proceedings. In addition, the Legal 500 has identified Mr. McKeown as a recommended patent attorney.

Mr. McKeown is the editor of the firm's Patents Post-Grant blog, regularly contributing insights and commentary on USPTO post-grant patent proceedings, trends, practice tips and news. He lectures and writes extensively on post-grant proceedings at the USPTO and is a member of the teaching faculty of the Practicing Law Institute (PLI). Currently, Mr. McKeown is the Chair of the American Bar Association (ABA), Intellectual Property Law Section Committee 104 (Post Grant USPTO Proceedings).

A former electrical engineer, he has worked with a wide range of technologies, including computer software, wireless telecommunication protocols and network architectures, e-commerce applications, analog and digital signal processing, and consumer electronics. In the telecommunication arts, Mr. McKeown has worked extensively with IP routing and signaling protocols, ATM and wireless communication protocols. He also has a broad breadth of experience with OFDM systems, CDMA, TDMA, FSK, QAM and the 802.11 family of protocols.

In the consumer electronic arts, Mr. McKeown's practice has a strong focus in audio and video processing and display technologies, discs, signal compression and encoding schemes, recording medium formatting and construction, and many other related technologies.

Representative Matters

As lead patent reexamination counsel to Motorola Inc., successfully recovered significant patents of the company’s handheld device portfolio from patent reexamination. These patents are asserted against several competitors in concurrent litigation in the ITC and district courts.

As lead patent reexamination counsel to Eastman Kodak, responsible for recovering their electronic camera portfolio from patent reexamination. Concurrent litigation is pending in the ITC and district courts throughout the U.S.

As lead patent reexamination counsel to Good Technology, successfully recovered the patent portfolio from both ex parte & inter partes patent reexamination proceedings resulting in a favorable settlement of concurrent litigation with a competitor ($267.5 million).

Managing IP Magazine- named 'IP Star' (2013, 2014)

IAM Patent 1000: The World’s Leading Patent Practitioners, named to Intellectual Asset Management Magazine’s list of the top 1000 patent prosecution attorneys in the world and selected as one of the top eighteen practitioners in the United States for post-grant proceedings (2012-2014)

The Legal 500 U.S., noted as a Recommended Attorney (2012)

Thursday, July 31, 2014

Board Emphasizes DJ of Invalidity Prevents Later CBM Filing
The Patent Trial & Appeal Board (PTAB) issues three (3) types of opinions, routine, informative and precedential.

Wednesday, July 30, 2014

Stretching Prior Art Grounds Fatal to Petitioners
In district court, 102 grounds are highly preferred to even the strongest 103 ground.

Monday, July 28, 2014

Briefing to Review Federal Register Notice Concerns
The Patent Trial and Appeal Board (PTAB) is hosting a free lunchtime webinar tomorrow from noon to 1 pm(EST) to discuss AIA trial proceedings.

Tuesday, July 22, 2014

Free Webinar Series – July
Just a reminder that this month’s edition of the free webinar series will be held tomorrow, July 23rd @12:30 (est). The July webinar is entitled:

Tuesday, July 22, 2014

Past Three Months of PTAB Statistics Tell A Different Story
Last week, I explained that the institution rate of PTAB trials in Inter Partes Review (IPR) and Covered Business Method (CBM) proceedings had dropped, on average,

Friday, July 18, 2014

Briefing to Review Federal Register Notice Concerns
The Patent Trial and Appeal Board (PTAB) is hosting a free lunchtime webinar on Tuesday, July 29th from noon to 1 pm(EST) to discuss the AIA trials.

Thursday, July 17, 2014

2014 PTAB Institution Rate Retreats to 70% Range
To date, a major patentee criticism of Inter Partes Review (IPR) & Covered Business Method (CBM) patent challenges has been their high rate of institution.

Wednesday, July 16, 2014

Free Webinar Series – July
This month’s edition of the free webinar series will be held on Wednesday, July 23rd @12:30 (est). The July webinar is entitled:

Tuesday, July 15, 2014

Favorite Criticism of PTAB Proceedings Falls Flat
The Patent Trial & Appeal Board (PTAB) is currently seeking feedback from the public...

Friday, July 11, 2014

EDTX Denial of CBM Stay Deemed Abuse of Discretion
Back in March I recounted the curious case of VirtualAgility Inc., v....