Courthouse Plaza
199 Main Street
Burlington, VT 05402-0190
ph: 802-863-2375
dir: 802-846-8629
Overview

Patent Attorney – technical depth, client focused.

Kevin McGrath is a patent attorney that works with clients to advance business objectives with IP strategy. Kevin brings experience and value to drafting and prosecuting patent applications, providing freedom to operate and infringement counseling and opinions, and patent and trademark litigation. 

Kevin regularly drafts and prosecutes utility and design patents in a variety of technology areas including software, battery technology, display and lighting systems, electric power generation and distribution, turbomachinery, semiconductor manufacturing, optics, blockchain technology, artificial intelligence and machine learning, outdoor sporting goods, medical devices, and automotive engine and transmission components, among others. Kevin’s litigation experience includes district court actions as well as USPTO Patent Trial and Appeal Board proceedings.

Kevin also has extensive industry experience from his time as an engineer at Lockheed Martin. His experience at Lockheed included nuclear reactor thermal hydraulic design, acoustic design and testing of permanent magnet motors, and ceramics processing development, as well as leadership and project management training as part of Lockheed’s Engineering Leadership Development Program.

Experience

Kevin’s representative matters include working with clients to identify and characterize inventions, drafting and prosecuting patent applications and license agreements, and providing counseling and opinion relating to infringement, freedom to operate, USPTO post-grant trials, and federal court litigation. Here are some examples:

  • Has obtained a large number of utility and design patents in a variety of technology areas for clients ranging from independent inventors to Fortune 500 companies.
  • Regularly works with clients to navigate allegations of infringement, including identifying non-infringement positions, guiding clients on how to respond to allegations, and assessing options for invalidating patents via the USPTO’s post-grant procedures. 
  • Regularly provides non-infringement and invalidity opinions for both utility and design patents for clients during product design and in advance of product launch.
  • Has a variety of patent and trademark litigation experience, including Covered Business Method Review, Post Grant Review, and in Federal district court in the areas of discovery, motion practice, Markman hearings, and developing witness testimony.
  • Drafted bench memos and draft Opinions in patent cases involving claim construction, validity, infringement, and res judicata issues while a full time intern for the Chief Judge of the Court of Appeals for the Federal Circuit.
  • Advised clients on proper employee and independent contractor agreements and drafted employee and independent contractor agreements to ensure proper ownership of IP.

Education

The George Washington University Law School, J.D., cum laude, 2011 Submissions Editor, The Federal Circuit Bar Journal

Union College, M.S. Mechanical Engineering, 2008

Syracuse University, B.S. Mechanical Engineering, summa cum laude, 2002

Admissions & Clerkships

Massachusetts, 2011

U.S. Patent and Trademark Office, 2011

U.S. District Court, District of Massachusetts, 2012

Vermont, 2013

Memberships & Activities
  • Home restoration and renovation
  • Alpine, Nordic, and backcountry skiing
  • Sailing
  • Mountain biking
Courthouse Plaza
199 Main Street
Burlington, VT 05402-0190
ph: 802-863-2375
dir: 802-846-8629
cell: 802-363-4301
kmcgrath@drm.com
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