Michael J. McCabe II

Courses Taught

Legal Writing, Research, and Analysis I and II

Career Highlights

Before joining Atlanta’s John Marshall faculty, Professor McCabe was a partner at Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. He practiced all aspects of patent law, with an emphasis on litigation in U.S. district courts, litigation at the U.S. International Trade Commission (ITC) and appeals to the U.S. Court of Appeals for the Federal Circuit. In addition to his trial and appellate work, Professor McCabe counseled a variety of domestic and international clients regarding U.S. intellectual property law, providing them with infringement, validity, enforceability, and clearance opinions. He also represented military veterans before the U.S. Court of Appeals for Veterans Claims on a pro bono basis.

Professor McCabe played both leading and supporting roles in numerous high-stakes cases involving a wide variety of technologies, including pharmaceutical compounds and formulations, antimicrobial lotions, semiconductors, clay processing, industrial equipment, product packaging, electro-mechanical toys, paper products, and fasteners. Professor McCabe acquired particular expertise in representing innovator pharmaceutical companies in Hatch-Waxman cases against generic pharmaceutical manufacturers in U.S. district courts and the Federal Circuit.

Professor McCabe served as a judicial clerk for Judge William S. Duffey, Jr., of the U.S. District Court for the Northern District of Georgia and Judge Julie E. Carnes of the U.S. Court of Appeals for the Eleventh Circuit.

Before practicing law, Professor McCabe was a Senior Engineer with Merck & Co., Inc., where he developed process improvements and designed automation software for enhanced chemical processing.

Admitted to Practice

Georgia

U.S. District Court, N.D. Georgia

U.S. Court of Appeals, Federal Circuit

U.S. Court of Appeals, Veterans Claims

U.S. Supreme Court

U.S. Patent and Trademark Office

Publications

“The Disappearing Patent Injunction,” Law360, Oct. 22, 2013.

Coauthor. “Avoiding the Inequitable Conduct Plague in the U.S.,” China IP News, Jan. 2010.

Coauthor. “Time for Orange Book Audit: Declaratory Judgment Decision Will Boost Generic Drug Challenges,” Legal Times, Sept. 10, 2007.