Kevin K. McNish
Kevin K. McNish
Associate
PHONE: 212-808-2954 FAX: 212-351-3401
A registered patent attorney, Kevin K. McNish represents clients in contested proceedings before the Patent Trial and Appeal Board, including inter partes reviews and covered business method reviews.  His practice also includes intellectual property litigation and counseling for clients in the medical device, life sciences, and electronics industries.
 
Before joining Desmarais LLP, Mr. McNish was an associate in the Orange County, California office of Knobbe Martens Olson & Bear LLP.

Courts

  • United States Court of Appeals for the Federal Circuit
  • United States District Court for the Southern District of New York
  • United States District Court for the Northern District of California
  • United States District Court for the Northern District of Indiana
  • United States District Court for the Eastern District of Michigan


Memberships & Affiliations

  • PTAB Bar Association
  • Institute of Electrical and Electronics Engineers (IEEE) - Consumer Electronics Society


Other Distinctions

  • Docket Navigator, Top Attorneys in the PTAB (2015)

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Representative Matters

  • As lead counsel, representing patent owner in two inter partes reviews pertaining to nucleic acid diagnostics and labeling.  Proceedings are ongoing.
  • As lead counsel, representing patent owner in eight inter partes reviews and covered business method reviews related to network-based interactive services.  Proceedings are ongoing.
  • As lead counsel, representing patent owner in four inter partes reviews related to advanced ceramic materials technology.  Proceedings are ongoing.
  • Representing petitioner in two inter partes reviews related to internet applications and content hosting.  Proceedings are ongoing.
  • As lead counsel, represented patent owner in twelve inter partes reviews related to spinal implants.  Obtained complete denial of institution on petitions against two key patents, favorably settled three instituted petitions after patent owner’s response, and favorably settled the seven remaining petitions at the pre-institution stage.
  • Represented innovator pharmaceutical company targeted by hedge fund-affiliated inter partes review petition.  Obtained complete denial of institution after patent owner’s preliminary response.
  • Represented technology licensing company in breach of contract action.  After obtaining all relief requested for the plaintiff in district court, achieved favorable settlement while the case was on appeal.
  • Represented patent owner in patent infringement litigation pertaining to orthopedic implants and surgical techniques.  Achieved favorable settlement during fact discovery.
  • Represented medical device company in patent infringement litigation pertaining to wound care products.  Achieved favorable settlement after expert discovery.

EDUCATION

University of Virginia School of Law, J.D., 2011, ABA-BNA Award for Excellence in the Study of Intellectual Property Law, Managing Editor for the Virginia Journal of Law and Technology

Vanderbilt University, B.A., Physics, Mathematics, and High Honors in Art History, 2008, magna cum laude, Harold Stirling Vanderbilt Scholar

ADMISSIONS

2014, New York

2011, California

2009, United States Patent and Trademark Office

CONTACT

NYC

230 Park Avenue,
New York, New York 10169
P: 212-351-3400
F: 212-351-3401