Scott A. McKeown
Partner
Tel (703) 412-6297

Scott A. McKeown

Partner

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).

Tuesday, May 21, 2013

After Final USPTO Initiative Retooled
Some pre- grant news of note this week.

Thursday, May 16, 2013

Requests for Rehearing May Backfire on Patentees
As detailed earlier this week, a patentee’s decision to file a preliminary response in an IPR/CBM preliminary proceeding is

Tuesday, May 14, 2013

Preliminary Responses: Just Because You Can Doesn’t Mean You Should
The new post grant patentability challenges of the America Invents Act (AIA) have been

Friday, May 10, 2013

Tactical Advantage Found in IPR Timing
The primary business distinctions between the USPTO Patent Trial & Appeal Board (PTAB) proceedings and traditional court based patent invalidity proceedings are the vast improvements in 

Wednesday, May 08, 2013

Senate Proposes Expansion of USPTO’s Business Method Patent Challenge Proceeding
As I pointed out last week, Congress is conside

Tuesday, May 07, 2013

Patentee Challenges PTAB Decision to Institute IPR Proceeding
Every time Congress has tasked the USPTO with conducting a new post grant patent proceeding the agency finds itself fending off legal challenges to their new authority.

Thursday, May 02, 2013

Senator Schumer Readies Second Round of Patent Reform
Although many of the more significant changes to U.S. patent law provided by the America Invents Act (AIA) are only months old, Congress is already considering a re-calibration of these changes...

Wednesday, May 01, 2013

District Court Discovery Plans Fall Flat
Parties to an Inter Parties Review (IPR) proceeding may obtain “limited discovery” at the USPTO’s Patent Trial & Appeal Board (PTAB).

Monday, April 29, 2013

Increased Speed and Heightened Threshold Showing for New PTAB Proceedings Drive Stays
The primary business distinctions between the USPTO Patent Trial & Appeal Board (PTAB) proceedings and traditional court based patent invalidi