Sterne Kessler Goldstein Fox

SKGF professionals

Sterne Kessler Goldstein Fox

kmccabe@skgf.com

 

Kevin W. McCabe

Director

 

p 202.772.8856

f 202.371.2540

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Kevin W. McCabe

Mr. McCabe is a director in the Biotechnology/Chemical Group and in the Litigation Group.  He represents clients in complex multi-jurisdiction, multi-party, and multi-patent litigations, including Paragraph IV ANDA litigations.  He has argued interference cases before The Board of Patent Appeals and Interferences and has participated in appeals to the Federal Circuit.

Mr. McCabe further specializes in complex client counseling issues, such as product clearance opinions, patent validity and infringement opinions, performing due diligence investigations, and drafting and negotiating agreements.  Mr. McCabe also has extensive experience in reexaminations, especially those concurrently involved in litigation. 

Mr. McCabe has extensive experience in drafting and prosecuting patent applications in the biotechnology and chemical areas.  The patent applications that he has prepared and prosecuted range from medical devices and medical equipment, software, bioinformatics, immunology, microbiology, molecular and cellular biology, biochemistry, immunodiagnostic assays, and therapeutic methods.  He has represented a broad range of clients, from Fortune 100 companies and large international conglomerates to non-profit foundations and small start-up companies.

In sum, Mr. McCabe is the quintessential renaissance IP lawyer, having gained significant experience across many facets of IP law. 
 
Mr. McCabe's graduate studies related to creating chimeric antibodies.  Before his legal career, he worked for several years for a notable biotech company on creating chimeric adenoviruses. 
 
Mr. McCabe lectures frequently and has also published numerous articles on intellectual property issues.  He has been an invited keynote speaker and is frequently interviewed by the press for his views on IP issues.  For the past several years, Mr. McCabe has been an officer of the Giles Rich American Inn of Court.

Admissions

  • Virginia
  • District of Columbia
  • United States Court of Appeals for the Fourth Circuit
  • United States Patent and Trademark Office
  • Court of Appeals for the Federal Circuit

Memberships

  • American Bar Association
  • American Intellectual Property Law Association
  • Inn Counselor, Giles Sutherland Rich American Inn of Court
  • Virginia Bar Association

Representative Matters

  • CSP Technologies v. Süd-Chemie, Inc. - Represented Süd-Chemie in a transnational dispute over desiccant containers.
  • Tabor v. Chatterjee - Defended Chatterjee in an interference pertaining to recombinant enzymes.
  • Bowling v. Hasbro - Represented Hasbro in an appeal to the Federal Circuit in a dispute involving game dice.
  • Zadno-Azizi v. Tsugita - Represented Zadno-Azizi (Medtronic) in an appeal to the Federal Circuit from an interference over catheter technology.
  • Conducted a major due diligence on behalf of an acquiring company of a target company's involved IP.  The due diligence involved the evaluation of multiple world-wide patent disputes, plus the target company's IP.  The deal was valued at close to 1 billion dollars.
  • Principal reexamination counsel for a major medical device company.  In that role, Mr. McCabe has filed reexams against multiple families of patents that had been asserted against the medical device company.  All of the reexamination  requests were accepted.
  • Devised and implemented a patent enforcement strategy for a mid-size pharmaceutical company involving an orphan drug.
  • Regularly counsel generic pharmaceutical companies on Hatch-Waxman patent challenges.

(1) Education

  • J.D., The George Washington University with honors
  • M.S., Applied Molecular Biology, University of Maryland, Baltimore County
  • B.S., Biology, University of Richmond