John H. McDowell, Jr.
experiencerAndrews Kurth Kenyon
Network
Intellectual Property & Technology Powerhouse
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Contact Information

Dallas

1717 Main Street
Suite 3700
Dallas, TX 75201
P: +1.214.659.4735
F: +1.214.659.4401
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John H. McDowell, Jr.

Partner

Dallas Office
1717 Main Street
Suite 3700
Dallas, TX 75201
P: +1.214.659.4735
F: +1.214.659.4401

John McDowell is a first-chair trial lawyer hired for complicated, large-scale litigation in Courts across the United States. John has more than 30 years’ experience working in a broad range of industries, with current engagements centering in the telecommunications, technology, energy, hospitality and healthcare sectors. John’s clients' most pressing horizon issues include offensive and defensive intellectual property and competition strategies. His approach is direct and practical, with a keen focus on achieving clients’ ultimate goals.

John has represented clients in some of the largest patent infringement cases in the United States, including, by example, recurring smartphone, smart meter technology, check imaging and drug and medical device litigation.

John currently serves as chair of Andrews Kurth Kenyon’s Dallas Litigation Section. He is a member of the Policy Committee (the firm’s governing body) and has served on the Partners Committee (the firm's partner compensation committee). John serves as Loss Prevention Partner for the Dallas office and on other firm committees. John has also served on management committees, as Technology Partner and has led various technology initiatives at prior law firms.

John is a member of Stanford Associates and the Alumni Council of the University of Virginia School of Law.

Representative Experience

Patent Litigation

  • Defended and continues to defend client cell phone manufacturer in patent cases across the United States
  • Defended client smart grid and smart distribution provider and meter manufacturer in patent matters
  • Defended and continues to defend client electronics manufacturer in various patent cases
  • Defended and continues to defend communications corporation in patent matters
  • Defended client international telephone network and software company in various patent-related proceedings
  • Represented patentee in sale of patent portfolio (cloud computing)
  • Obtained dismissal of defendant presbyopia-correcting-surgery patent holder from federal court declaratory judgment action alleging patent invalidity (lack of case or controversy)
  • Negotiated numerous early settlements for various defendants in patent litigation to achieve clients’ desired results by utilizing cost-effective and tailor-made strategies to guide the process to achieve clients' goals

Non-Patent Intellectual Property Litigation

  • Represented manufacturers in piracy cases
  • Represented and represents clients in trademark and trade dress litigation
  • Represented clients in trade secret litigation
  • Represented companies and individuals in trade secret litigation focused on non-disclosure and confidentiality provisions
  • Represented clients and counseled clients on antitrust issues and counterclaims in various intellectual property litigation
  • Represented various clients in copyright disputes

Healthcare Litigation

  • Represented an individual owner and food and drug manufacturing companies in a jury trial against prior management on fraud, tort and contract theories (obtained six figure damages jury verdict and permanent injunction and prevailed (no liability verdict) on all counterclaims)
  • Defended healthcare utilization review company at jury trial where multi-million dollar medical malpractice damages claimed on contractual and tort claims (obtained no liability jury verdict)
  • Obtained dismissal of defendant presbyopia-correcting-surgery patent holder from federal court declaratory judgment invalidity action alleging patent invalidity (lack of case or controversy)
  • Represented Medicare contractor through two trials and appeal (upholding sovereign immunity of Medicare contractor)
  • Obtained favorable settlements for a drug and medical device company in patent and co-licensing disputes
  • Counsels healthcare companies in competition matters

Financial Services Litigation

  • Represented leasing company in a bench trial and defended against usury claims affecting multi-hundred million-dollar lease portfolio (obtained judgment for leasing company for all amounts sought and obtained zero judgment on usury counterclaim)
  • Represented national bank in a nationwide consumer class action against lender alleging violations of RESPA (obtained dismissal prior to class certification)
  • Represented numerous financial institutions in class action, patent and lender liability cases

Technology Litigation

  • Defended and continues to defend client cell phone manufacturer in patent cases across the United States
  • Defended client smart grid and smart distribution provider and meter manufacturer in several patent matters
  • Represented hospitality industry clients in copyright-related claims associated with publication via social media and defenses based upon actual functionality
  • Represented oil and gas industry client in copyright action based on electronic publication subscriptions
  • Counseled banking institutions and businesses on technology provisions  in information technology contracts, avoiding litigation
  • Successfully settled disputes for software and hardware provider facing demands from client as to anticipatory failure issues
  • Obtained favorable settlement of claims for data processing company with respect to claimed misrepresentation in purchase of outsourced business
  • Represented numerous clients in commercial litigation involving cutting edge electrical and biological technologies

Complex Commercial Litigation

  • Obtained judgment against plaintiff in hospitality matter over pre-purchase of hotel rooms by third party
  • Obtained judgment against ex-officer over severance package dispute
  • Obtained temporary restraining order for oil and gas company (prevented operator from shutting in natural gas wells)
  • Obtained a take-nothing arbitration award on behalf of client insurance broker against claims of international insurance company (two-week arbitration resulted in no-liability award)
  • Obtained a temporary restraining order for multi-level marketing company (funds on deposit in defendant bank ordered to be relinquished to company)
  • Defended against an application for temporary injunction related to significant sales territory (temporary injunction not issued and TRO lapsed after hearing)
  • Obtained summary judgment on key damage and liability claims and favorably settled $200 million plus claim for multi-national power tool manufacturer
  • Represented owners, management companies and "flags" of hotel properties in various litigation, including claims for improper management, deidentification, fraud, copyright and trademark infringement and other issues involving the business of the hospitality industry
  • Represented numerous clients in temporary restraining orders, temporary preliminary injunctions and permanent injunction practice in federal and state courts
  • Negotiated with various governmental agencies on behalf of clients

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