McKenzie, David L.

Todd Zubler is a partner in the firm's Litigation/Controversy Department, and a member of the Intellectual Property Litigation Practice Group. He joined the firm in 1997.

Practice

Mr. Zubler’s practice focuses on civil litigation, with a particular emphasis on intellectual property and appellate litigation. Mr. Zubler has represented individual and corporate clients – including Broadcom and Intel – in judicial and regulatory forums around the nation, including the US Supreme Court, federal and state appellate courts, federal and state trial courts, the International Trade Commission (ITC) and the Federal Trade Commission.

In addition, for over ten years, Mr. Zubler has represented an inmate on death row in Maryland on a pro bono basis.

Mr. Zubler also practiced election law when he left the firm in 1999-2000 to serve as deputy general counsel of the McCain presidential campaign.

Recent Highlights

Successfully represented a manufacturer of GPS chips and software as a complainant in a Section 337 proceeding before the ITC and the U.S. Court of Appeals for the Federal Circuit, resulting in a Final Determination that all six asserted patents were valid and infringed (ITC Inv. No. 337-TA-602).

Represents Intel Corporation in a multi-defendant patent-infringement action in the United States District Court for the Eastern District of Texas.

Defended Intel Corporation in Federal Trade Commission Part 3 litigation that alleged unlawful monopolization of markets for computer microprocessors and graphics processing.

Successfully represented a medical technology company before the Federal Circuit in a patent-infringement appeal involving medical devices.

Successfully argued in Maryland's highest court that the state's lethal-injection protocol was illegal under the state Administrative Procedure Act, requiring a suspension of all executions until a new protocol is properly adopted.

Publications

Mr. Zubler is the author of:

Todd Zubler et al., 2008 Patent Law Decisions of the Federal Circuit, 58 Am. U. L. Rev. 747 (2009).

Todd Zubler, The Right to Migrate and Welfare Reform: Time for Shapiro v. Thompson to Take a Hike, 31 Val. U. L. Rev. 893 (1997).