Donald R. McPhail

Donald R. McPhail is a seasoned patent litigator with over 30 years of experience, currently serving as a Partner in the Washington, D.C. Area office of Merchant & Gould P.C., a role he assumed in April 2024. His practice encompasses a broad range of complex technologies, including pharmaceuticals, medical devices, electronics, and software, reflecting a background that includes prior experience as a U.S. Patent & Trademark Office examiner in pharmaceutical arts. He also has experience in patent prosecution across chemical, pharmaceutical, biotech, and mechanical sectors.

Throughout his career, Mr. McPhail has predominantly represented defendants in patent infringement actions, with all four of his tracked appearances on the defense side. He is noted for securing favorable outcomes for clients in disputes, including those with Non-Practicing Entities (NPEs). His firm affiliations for patent litigation have included Taft Stettinius & Hollister LLP, where he was an attorney, and an appearance with Vanguard Crest.

Notable cases in his portfolio include defending Anker Innovations Ltd. in One-E-Way, Inc. v. Anker Innovations Ltd., a case involving wireless audio and Bluetooth standards. He also represented defendants in Light Guide Innovations LLC v. TCT Mobile International Limited et al., focusing on display technology such as LED backlight units, and served as lead counsel for defendants in patent litigation against Corning Incorporated, which involved LCD glass substrate and glass sheet manufacturing patents. Beyond district court litigation, Mr. McPhail has experience with post-grant proceedings before the U.S. Patent & Trademark Office (USPTO), including IPRs, and cases before the U.S. International Trade Commission (ITC). A significant appellate achievement includes his involvement in the Federal Circuit decision Ferring B.V. v. Watson Labs. et al. (2014).

Mr. McPhail earned his J.D. from George Mason University - School of Law and holds an M.S. in Organic Chemistry and a B.S. in Chemistry from Duke University. He is admitted to practice before the U.S. Patent and Trademark Office, the Virginia State Bar, the District of Columbia Court of Appeals, the U.S. Court of Appeals for the Federal Circuit, and the U.S. District Court for the Eastern District of Texas.