Matthew R. McClean

Location: Milwaukee
T: 414.225.1420
F: 414.278.3620
111 E. Kilbourn Avenue, Suite 1400
Milwaukee, WI 53202-6613

Publications: Attorney Matthew R. McClean

  • Attorney McClean Authors Blog Post for State Bar of Wisconsin

    September 8, 2016

    Litigation team chair, Matt McClean authored a post for the State Bar of Wisconsin's Construction Blog. His blog post, The Construction Statute of Repose: More Hammer or Nail Today?, discusses recent appellate cases applying Wisconsin's construction statute of repose. Click here to read the article. ...

  • Take Heed Before Launching New Products and Processes – Supreme Court to Review Enhanced Patent Infringement Damages Standard

    November 19, 2015

    The Supreme Court announced that it accepted Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 and Stryker Corp. v. Zimmer, Inc., No. 14-1520, two cases that could lower the bar for awarding enhanced damages to patent owners upon a finding of infringement. Either way, the court’s decision will have a significant impact in determining whether to bring infringement claims and deciding whether to risk a claim of infringement. Under federal patent law, a court “may increase damages awarded in a patent case by up to three times the amount found or assessed.” Under the current Federal Circuit test, in order...

  • Don’t Overlook the Basics — Minimizing Litigation Risk in Commercial Deals

    November 6, 2015

    Business relationships are driven by a business’s agreements, both with customers and with suppliers. Over the years, I have come to recognize issues that arise again and again that, if addressed at the outset, would have saved businesses from the headaches, stress, and expense of a lawsuit later on. While you can never totally eliminate litigation risks, developing and implementing a good program to minimize those risks will more than pay for itself over time. Here are ten seemingly obvious yet often overlooked fundamentals that will help avoid some of the most frequent issues that arise. The Devil Is in the...

  • Shifting Sands: Uncertainty Emerges for Businesses Expecting Insurance Companies to Defend Their Coverage

    June 16, 2015

    In the wake of recent pro-insurance company rulings in Wisconsin courts, businesses and their owners will need to proceed with extra caution when asking their insurance company to defend lawsuits that may arise from their business dealings. While many suits are typically covered under a policy, all too often an insurance company disputes coverage, which leads to the business having to expend time and resources out of pocket to fight with its insurer. Historically, Wisconsin courts have placed strong incentives on insurance companies to proceed with caution in disputing coverage. However, recent decisions have curtailed those incentives. When an insurance company...

  • Federal Circuit Reverses $368 Million Damages Award

    September 19, 2014

    The Court of Appeals for the Federal Circuit, in VIRNETX, Inc. v. Cisco Sys. Inc, recently reversed a $368 million dollar patent infringement verdict because the plaintiff calculated its damages as a portion of the entire market value of the product as opposed to apportioning its damages to the infringing software component of the product. In its ruling, the Federal Circuit confirmed the general rule that a patentee cannot use the value of an entire device to calculate a royalty when the device consists of several non-infringing features with no relation to the patented feature unless the patented feature creates the...

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