Donald McPhail, a seasoned intellectual property attorney, excels in litigation, patent prosecution, and post-grant proceedings, providing clients with robust legal strategy and counsel to protect and leverage their intellectual property assets. With a deep understanding of complex technologies, he offers tailored solutions for patent and trademark disputes, portfolio management, and intellectual property monetization. Don's extensive experience, reaching over 30 years, spans industries including pharmaceuticals, medical devices, electronics, and software, ensuring that his clients receive knowledgeable guidance on every front of intellectual property law.
As a partner at Merchant in the Washington, D.C. Area office, Don brings his extensive experience to the firm's Litigation group. He distinguishes himself by representing clients effectively in high-stakes legal actions before U.S. district courts and the U.S. Court of Appeals for the Federal Circuit, where his achievements include influential decisions such as the landmark Ferring B.V. v. Watson Labs. et al., 764 F.3d 1382 (Fed. Cir. 2014).
Don's role extends beyond the courtroom as he advises companies on intellectual property development, enforcement, and strategic licensing. His adeptness in negotiation is reflected in his ability to secure favorable outcomes in dealings with Non-Practicing Entities and in drafting comprehensive settlement agreements. His international patent work is equally commendable, with a history of successfully managing patent portfolios and securing patent rights in multiple jurisdictions.
In his patent practice, Don has prepared and prosecuted patent applications across the chemical, pharmaceutical, biotech, and mechanical sectors, both domestically and internationally. He has played a pivotal role in shaping patent portfolios for various biotech and pharmaceutical startups. His background includes a tenure as an examiner at the U.S. Patent & Trademark Office, where he evaluated applications in the pharmaceutical arts. Before his legal career, he researched x-ray crystallography to determine the structures of pharmacologically active compounds, leading to over sixty peer-reviewed publications in esteemed journals, including the Journal of the American Chemical Society and the Journal of the Chemical Society.