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Patrick J. McElhinny

Partner
+1.412.355.6334
Fax +1.412.355.6501
Mr. McElhinny is a partner in the firm’s Pittsburgh office. He concentrates his practice on patent litigation, handling major patent cases involving an array of technologies. He co-led the team that won 2012’s largest verdict in the U.S. as reported by the National Law Journal. The $1.2 billion verdict was the third largest ever in a patent case. He has handled litigation of trademarks and copyrights, misappropriation of trade secrets, and breaches of non-competition agreements. Many of those cases involved claims for preliminary injunctive relief. He has 26 years of trial experience in intellectual property disputes and complex commercial litigation and is registered to practice before the USPTO.

Professional Background

Partner, associated with K&L Gates since 1988. Mr. McElhinny was selected as a leading lawyer in intellectual property litigation by Chambers and Partners in the 2006 through 2014 Chambers USA Guide. He has also been recognized as a 2013 Pennsylvania Super Lawyer in Super Lawyers Magazine, as one of Lawdragon 500 Leading Lawyers in America for 2012 and as Outstanding Pennsylvania IP Litigator in 2014 by Managing Intellectual Property.

Professional/Civic Activities

  • Master, Intellectual Property Inn of Court for the Western District of Pennsylvania
  • Graduate of Leadership Pittsburgh, Class XXVI
  • Pro Bono Coordinator, Pittsburgh Office of K&L Gates

Speaking Engagements

  • Keynote Speaker, 2014 Federal Circuit Bar Association Advanced Complex Patent Litigation Series, Western District of Pennsylvania, March 2014
  • Speaker on Patent Law, Pennsylvania Bar Institute’s Internet Law Update, April 2014
  • US Supreme Court's Decision Limits Patent Owners from Claiming Infringement by Downstream Customers, BNA World Intellectual Property Report, July 2008
  • Panelist, Aon's Annual D&O Symposium on the Directors & Officers Liability Marketplace
  • Speaker, Insurance Coverage For Intellectual Property Disputes (March 2007 in Seattle, WA)
  • Speaker, Discovery Issues in Patent and Trademark Cases (ABA, Section of Intellectual Property Law on April 2005 and 2006)
  • Speaker, Preliminary Injunction Proceedings in Pennsylvania State and Federal Courts and Roadmap to a Litigation Matter (firmwide internal presentations)
Patent Cases
  • On behalf of a major research university, Mr. McElhinny co-led the team that won 2012’s largest verdict in the U.S. as reported by the National Law Journal. The $1.2 billion verdict was the third largest ever in a patent case. The technology involved was digital signal processing.
  • Mr. McElhinny led a team that won a multi-million jury verdict on behalf of a private company that develops software for and hosts computer-mediated auctions for financial and legal instruments (on-line auction methods).
  • Mr. McElhinny has litigated other major patent cases involving a broad array of technologies and claims for hundreds of millions of dollars in damages. For example, Mr. McElhinny has pursued patent infringement claims on behalf of a publicly traded manufacturer of semiconductor processing equipment (high energy ion implanters) and, a publicly traded specialty metals company (nickel-based superalloy ingots). He has defended a claim for approximately $50 million on a patent for power converters and a multi-patent lawsuit involving computer networking equipment in which the claimed damages exceeded $150 million. Mr. McElhinny has handled matters involving megasonic cleaning of silicon wafers, PVC pipe connections, personal watercraft docking systems, magnetic media for information storage, medical devices and methods for cleaning contaminated groundwater.

Trade Secret, Non-Competition, Trademark And Copyright Cases
  • Mr. McElhinny has handled many trade secret, trademark and copyright cases, as well as cases arising out of non-competition agreements. Many of these cases have involved trials and/or claims for preliminary injunctive relief. The technology or information at issue includes: software for optimization of purchasing decisions; steel mill equipment technology; business information and software for industrial coatings, transportation, medical waste disposal and list compilation businesses.
Complex Commercial Litigation
  • Trial counsel for policyholders seeking hundreds of millions of dollars in coverage for underlying securities and environmental claims.
  • Trial counsel for oil and gas company and obtained preliminary injunction enforcing letter of intent for lease of property for corporate headquarters.
  • Conducted internal investigation of options backdating at a public company resulting in a multi-million dollar restatement of previously issued financials
  • Litigation counsel to computer networking company and its individual officers in two separate securities fraud cases
  • Trial counsel for minority shareholders in action seeking dissolution as a result of oppressive conduct of controlling shareholders.
  • Trial counsel to list compiler in numerous commercial actions.