Marguerite McConihe focuses her practice on the development and implementation of unique and effective strategies that maximize the value of her clients’ IP portfolios. Marguerite has more than a decade of experience counseling industry innovators and the world’s leading technology companies on high-value IP transactions. Known for her business acumen and ability to rescue stalled transactions, Marguerite develops a deep knowledge of her clients’ objectives to create tailored IP strategies. Marguerite has been recognized by IAM Strategy 300 as one of the leading global IP strategists.
Marguerite has an established record as one of the top tactical IP litigators with significant victories in both the International Trade Commission and federal courts involving semiconductors and other high technology devices, software, data, consumer products and digital media. Recognized by Best Lawyers in America as One to Watch and Patexia as the one of the Best Performing ITC Attorneys Representing Complainants, Marguerite brings a depth of experience and expertise to provide effective and tactical guidance on the protection, monetization, and maximization of a corporations’ most valuable assets.
Experience
International Trade Commission
- Certain Video Processing Devices, Components Thereof, and Digital Smart Televisions Containing the Same (II) (337-TA-1297) - Represented video codec company in enforcing video and streaming media patents before the ITC and in the District of Delaware. The case was revolved in a client-favorable license.
- Certain Video Processing Devices, Components Thereof, and Digital Smart Televisions Containing the Same (337-TA-1222) – Represented a video codec company in enforcing digital rights management patents before the ITC and in the District of Delaware. The case was revolved in a client-favorable license.
- Certain Semiconductor Devices, Products Containing the Same, and Components Thereof (II) (337-TA-1177) - Represented leading global semiconductor manufacturer in ITC and Texas district Court litigation against the worlds leading high technology device companies. The case was favorably revolved within 2.5 months of filing.
- Certain Semiconductor Devices, Integrated Circuits, and Consumer Products Containing the Same (337-TA-1149) – Represented foundry technology company as part of a global enforcement strategy to protect 5 asserted patents relating to semiconductor fabrication and packaging against largest semiconductor fabrication and technology companies. Simultaneous cases in U.S. District Court and as well as Germany and China as well as the ITC investigation were resolved favorably prior to the conclusion of discovery.
- Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same (337-TA-1044) – Represented leading global graphics and chip technology company asserting patents covering graphics processing technology employed by smart devices such as televisions and handsets. One global hand set and television company settled prior to the close of discovery and the ITC issued an exclusion order against the remaining companies, thereby excluding those companies products from the U.S. market.
- Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same (337-TA-984) – Represented owner of portfolio of graphics processing and microprocessor patents against automotive manufacturers, and infotainment system and chip suppliers. The investigation resolved favorably prior to the conclusion of expert discovery.
viewpoints
Nothing for free – the real costs of ChatGPT
May 11, 2023 | Blog | By Michael Renaud, Marguerite McConihe, Nana Liu
Five Tips For Every In-House Counsel Launching an Open Source Software Program
July 5, 2022 | Blog | By Marguerite McConihe, Greg Penoyer
Used properly, Open Source Software (OSS) is an excellent tool. It saves your business time and money, enables interoperability of product platforms, and developers love it. But used improperly, it can be financially and operationally devastating. For example, the statutory damages for failure to properly adhere to the OSS copyright notice can be up to $150,000 per act of infringement. Those damages can quickly add up to serious consequences, whether preventing a sale or merger of your company or the destruction of the value of the affected products. Another serious risk is that once OSS is used in your code base and deployed in distributed products, if your tech teams are not monitoring and applying bug fixes, known vulnerabilities become Trojan horses of opportunity for bad actors. The good news is that protecting your company from these types of risks is rather simple. We have outlined below key steps and processes in-house counsel should take to work with your business stakeholders to mitigate these risks.
A Business Deal Could Kill Your Right to Challenge a Patent’s Validity
February 22, 2022 | Blog | By William Meunier, Peter Cuomo, Marguerite McConihe, Sean Casey
Benefits of and Best Practices for Protecting Artificial Intelligence and Machine Learning Inventions as Trade Secrets
February 10, 2022 | Blog | By Marguerite McConihe, Meena Seralathan
Domestic Industry Alive and Well at ITC; Important New Opinion Continues Trend
February 1, 2022 | Blog | By Jonathan Engler, Marguerite McConihe, Michael Renaud
Entire Market Value Rule Strikes Again in WDTX
January 19, 2022 | Blog | By Brad M Scheller, Marguerite McConihe, Robert Sweeney
On January 3, 2022, Magistrate Judge Susan Hightower granted a defendant’s motion to exclude an expert’s damages theory for violating the entire market value rule, reminding plaintiffs everywhere to use caution when applying the sales of an entire product as a royalty base.
Year in Review: The Most Popular IP Posts of 2020
January 14, 2021 | Blog | By Christina Sperry
Patenting Considerations for Artificial Intelligence in Biotech and Synthetic Biology – Part 2: Key Issues in Patent Subject Matter Eligibility
January 30, 2020 | Blog | By Terri Shieh-Newton, Marguerite McConihe
Mintz Rings in 2020 with Top 10 Recognition for ITC Practice
January 6, 2020 | Blog
Patenting Considerations for Artificial Intelligence in Biotech and Synthetic Biology - Part 1
September 30, 2019 | Blog | By Terri Shieh-Newton, Marguerite McConihe
News & Press
Litigator of the Week Runners-Up and Shout-Outs
March 7, 2025
A team of attorneys in Mintz’s renowned Patent Litigation Practice, led by Intellectual Property Division Chair Michael Renaud, was recognized as a ‘Litigator of the Week Runner-Up’ by The Am Law Litigation Daily for securing a significant defense victory for Juul Labs at the US International Trade Commission. The article highlights that the “full commission affirmed an administrative law judge’s decision finding that Juul didn’t infringe upon patents held by Altria’s NJOY covering certain vaporizer and cartridge technology, preventing any potential exclusion order.”
Mintz has once again been recognized as one of the most active and high-performing International Trade Commission (ITC) law firms in the Patexia 2025 ITC Intelligence Report.
Mintz is pleased to announce that Member and Chair of the firm’s Intellectual Property Division Michael Renaud and Members Matthew Galica, Frank Gerratana, Marguerite McConihe, Michael Newman, Adam Rizk, and James Wodarski have been named to the 2024 IAM Strategy 300: The World’s Leading IP Strategists list.
The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas
August 15, 2024
187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.
BOSTON- Mintz has once again been recognized as one of the most active and high-performing International Trade Commission (ITC) law firms in the Patexia 2024 ITC Intelligence Report.
BOSTON – Nine Intellectual Property attorneys from Mintz have been recognized in the 2024 edition of the Intellectual Asset Management (IAM) Strategy 300 Global Leaders Guide.
Mintz is pleased to announce that Member and Chair of the firm’s Intellectual Property Division Michael Renaud and Members Matthew Galica, Frank Gerratana, Marguerite McConihe, Michael Newman, Adam Rizk, Adam Samansky, Daniel Weinger, and James Wodarski have been named to the 2023 IAM Strategy 300: The World’s Leading IP Strategists list.
Inside the Deal: The Color of Money
August 18, 2023
Steven Andersen from LINE interviews Michael Renaud and Marguerite McConihe for the Spring 2023 issue.
Mintz members Lisa Adams and Marguerite McConihe contributed to Super Lawyers article titled, “How Do You Protect Intellectual Property in a Business Transaction?” The article helps give insight into the process of protecting your company's IP in a business transaction, including due diligence and getting legal help.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
Law360 published an article written by Members Michael Renaud, Marguerite McConihe, and Associate Nana Liu analyzing potential intellectual property risks companies should consider when utilizing AI tools.
BOSTON – Mintz has been recognized as one of the most active and high-performing International Trade Commission (ITC) law firms in the Patexia 2023 ITC Intelligence Report.
Artificial Intelligence and Intellectual Property
August 19, 2022
Samsung, LG Settle DivX Patent Fights Over Smart TVs
July 30, 2021
Mintz Announces Nine Newly Elevated Members
December 17, 2020
How Are IP Issues Sorted Out in a Business Transaction?
June 12, 2020
Events & Speaking
16th Annual Practitioners' Think Tank on ITC Litigation & Enforcement
American Conference Institute - ITC Conference
Washington D.C.
Critical Components of your IP Strategy: Are You and Your IP Protected?
The Engine's Tough Tech Summit
Recognition & Awards
Best Lawyers: Ones to Watch - Patent Litigation (2024 - 2025)
IAM Strategy 300: Global Leaders (2024)
Ranked 19th by Patexia among the Most Active ITC Attorneys Representing Complainants and ranked among Most Active ITC Attorneys overall (2024)
Ranked 14th by Patexia among the Best Performing ITC Attorneys Representing Complainants and ranked among Best Performing ITC Attorneys overall (2024)
IAM Strategy 300: The World's Leading IP Strategists (2023 - 2024)
Involvement
- Women’s Leadership Program, Boston Chamber of Commerce, Fellow
- American Bar Association, Member
- Boston Bar Association, Member
- Women’s Bar Association, Member
Recent Insights
A team of attorneys in Mintz’s renowned Patent Litigation Practice, led by Intellectual Property Division Chair Michael Renaud, was recognized as a ‘Litigator of the Week Runner-Up’ by The Am Law Litigation Daily for securing a significant defense victory for Juul Labs at the US International Trade Commission. The article highlights that the “full commission affirmed an administrative law judge’s decision finding that Juul didn’t infringe upon patents held by Altria’s NJOY covering certain vaporizer and cartridge technology, preventing any potential exclusion order.”
Mintz has once again been recognized as one of the most active and high-performing International Trade Commission (ITC) law firms in the Patexia 2025 ITC Intelligence Report.
Mintz is pleased to announce that Member and Chair of the firm’s Intellectual Property Division Michael Renaud and Members Matthew Galica, Frank Gerratana, Marguerite McConihe, Michael Newman, Adam Rizk, and James Wodarski have been named to the 2024 IAM Strategy 300: The World’s Leading IP Strategists list.
