Roderick R. McKelvie

Roderick McKelvie is a partner practicing in intellectual property and commercial litigation.  Mr. McKelvie has handled intellectual property and commercial matters at the trial and appellate level, having been lead counsel in over 20 jury trials.  From 1992 to 2002, he served as a United States District Court Judge for the District of Delaware.  During those 10 years, he presided over more than 200 patent infringement cases, including more than 30 patent infringement trials.  While on the bench and since his resignation he has worked to improve the procedures for presenting complex cases to juries, including having developed model jury instructions for patent infringement cases and the Federal Judicial Center's video for jurors, An Introduction to the Patent System.  He is currently Chair of the Federal Circuit’s ad hoc Committee on Model Jury Instructions.

Representative Matters

• Representing DeMonte Fabricating in a patent infringement case brought by Sundance, Incorporated in the Eastern District of Michigan.
• Representing InnoLux Display Corp. in a patent infringement action brought by Guardian Industries Corp. in the District of Delaware.
• Representing Juniper Networks on appeal at the Federal Circuit in an action brought by Toshiba in the District of Delaware.
• Representing OPNET in a patent infringement action brought by Compuware in the Eastern District of Michigan.
• Representing Del Monte Corporation in a patent infringement action brought by Mars Inc. in the Central District of California.

Previous Experience

• United States District Court for the District of Delaware, Judge (1992-2002)

Honors and Rankings

• The Washingtonian (December 2004, December 2007): named one of the top intellectual property lawyers in Washington.
• The Best Lawyers in America (2005-2009)
• International Who's Who of Business Lawyers for Patent (2005-2008)
• Recognized in Legal 500 for IP: Contentious - Trade Secrets - Integrated Service, Advice and Litigation - US (2007)
• Named to the Super Lawyers list in 2007 and 2008.
  

Memberships and Affiliations

• George Washington University School of Law, Professorial Lecturer in Law, teaching the school’s course in Patent Enforcement
• Richard S. Rodney Inn of Court, former President
• Delaware Bankruptcy Inn of Court, former President and Founding Member
• Giles S. Rich American Inn of Court, former President
• National Academies' Committee on Intellectual Property Rights in Genomic and Protein Related Inventions, Co-Chair
• University of Maryland School of Law, Intellectual Property Advisory Committee Member
• U.S. District Court for the District of Delaware, Intellectual Property Advisory Committee Member
• U.S. District Court for the Western District of Pennsylvania, Intellectual Property Advisory Committee Member
• Member of the Board of Directors of the International Judicial Academy
• Member of the Board of Governors of the Sedona Conference

Publications and Speeches

• "Nine Unanswered Questions After In re Seagate Technology LLC," Intellectual Property & Technology Law Journal (April 2008), Co-Author
• "What’s Cooking? Trends in Patent Litigation," IPO Conference - Navigating Recent Decisions: How They Affect Your Corporate IP Practice (3/17/2008)
• "Communicating with Judges in IP Cases," (May 2007), Author