Michael J. McCabe II
Michael McCabe practices litigation in U.S. district courts primarily concerning the enforcement of U.S. patent rights and other intellectual property rights, and appeals to the U.S. Court of Appeals for the Federal Circuit. In addition to his litigation and appellate practice, he counsels a variety of domestic and international clients regarding U.S. intellectual property law by providing them with infringement, validity, enforceability, and clearance opinions, and by advising them in licensing matters.
His litigation experience includes representing innovator pharmaceutical companies in numerous Hatch-Waxman cases against generic pharmaceutical manufacturer in U.S. district courts and the Federal Circuit
Mr. McCabe's patent practice has encompassed a wide array of technologies primarily in the pharmaceutical, chemical, and mechanical arts. For example, he has assisted clients in the fields of pharmaceutical compounds and formulations, anti-microbial lotions, clay processing, beverage compositions, paper products, packaging materials, and fasteners.
- Represented innovator pharmaceutical company in district court and obtained injunction preventing former employee from becoming Research Director for generic competitor.
- Represented organoclay manufacturer on appeal to the Federal Circuit and obtained reversal of $82 million judgment.
- Conducted intellectual property due diligence for major packaging company’s acquisition of dispenser manufacturer.
- Former engineer with Merck & Co., Inc., where he developed process improvements and designed automation software for enhanced chemical processing, 1992-1995.
- American Intellectual Property Law Association
- American Bar Association
- Federal Circuit Bar Association
- State Bar of Georgia (Sections on Litigation and Intellectual Property)