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Marguerite McConihe

Member

[email protected]

+1.617.348.1889

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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.
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viewpoints

The intersection of artificial intelligence (AI) and intellectual property invokes fascinating theoretical questions.  With these questions, however, come significant practical issues that businesses, legal practitioners, and governments need to address proactively. Israel is embracing the challenge.
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There is a common misconception the domestic industry economic prong requirement is insurmountable and an unknowable factor in a patent infringement action at the International Trade Commission (“ITC” or “Commission”), especially for foreign-based companies or non-practicing entities (“NPEs”). This could not be further from the truth. Those in the trenches at the ITC have seen recent trends that show with effective and strategic pre-suit diligence, creative thinking, and experienced counsel, the domestic industry requirement is no bar to a successful investigation.
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Read about patenting strategies for the European Patent Office’s new artificial intelligence and machine learning guidelines and European Patent Convention requirements.
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As anticipated https://www.mintz.com/insights-center/viewpoints/2231/2018-10-alj-pender-apple-infringes-no-exclusion-order-qualcomm, on December 12, 2018, the International Trade Commission (“ITC”) issued a notice to review the Final Initial Determination and Recommended Determination (“FID”) issued by Administrative Law Judge (“ALJ”) Pender in In the Matter of Certain Mobile Electronic Devices and Radio Frequency and Process Components Thereof, 337-TA-1065 (“Certain Mobile Electronic Devices”), where ALJ Pender, despite finding that a valid patent was infringed and all jurisdictional requirements met, recommended that no Limited Exclusion Order be issued against Apple because it would be contrary to the public interest.
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On November 1, 2018, the European Patent Office (“EPO”) issued new guidelines for the patentability of artificial intelligence (“AI”) and machine learning (“ML”) inventions which indicate that applications within this subject matter may be treated as largely unpatentable. The new guidelines, G-II 3.3.1, provide that AI and ML are “based on computational models and algorithms for classification, clustering, regression and dimensionality reduction, such as neural networks, genetic algorithms, support vector machines, k-means, kernel regression and discriminant analysis.” These “computational models and algorithms” are, according to the guidelines, “per se of an abstract mathematical nature.”
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This article examines a recent International Trade Commission decision that opens up the ITC to complainants in an earlier phase of product development.
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Read about an International Trade Commission in which a judge ruled that Apple infringed a valid Qualcomm patent, but recommended against an exclusion order for Qualcomm.
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New rules for patent cases in the Northern District of California will significantly affect litigation and settlement of cases in Silicon Valley’s backyard. Lawyers litigating cases in the district after the January 17, 2017 change should be wary of the new requirements that set the Northern District of California apart.
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For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995.
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News & Press

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Mintz is pleased to announce that Member and Chair of the firm’s Intellectual Property Division Michael Renaud and Members Matthew GalicaFrank GerratanaMarguerite McConiheMichael NewmanAdam Rizk, and James Wodarski have been named to the 2024 IAM Strategy 300: The World’s Leading IP Strategists list.

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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.

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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. 

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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.

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Mintz is pleased to announce that Member and Chair of the firm’s Intellectual Property Division Michael Renaud and Members Matthew GalicaFrank GerratanaMarguerite McConiheMichael NewmanAdam RizkAdam SamanskyDaniel Weinger, and James Wodarski have been named to the 2023 IAM Strategy 300: The World’s Leading IP Strategists list.

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Steven Andersen from LINE interviews Michael Renaud and Marguerite McConihe for the Spring 2023 issue.

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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.

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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©.

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Law360 published an article written by Members Michael RenaudMarguerite McConihe, and Associate Nana Liu analyzing potential intellectual property risks companies should consider when utilizing AI tools.

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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.

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Law360 reported that Mintz client American video codec company DivX, an early innovator in the digital streaming video and digital rights management scene, has reached confidential settlements with LG and Samsung, resolving international litigation claiming they infringe DivX’s streaming patents with their smart televisions. The Mintz team representing DivX is led by Member and Chair of the firm’s Intellectual Property Division Michael Renaud and Member Adam Rizk and includes Member and Chair of the firm’s Intellectual Property Litigation Practice Matthew Hurley, Members Keith Carroll, Marguerite McConihe, Michael McNamara, Samuel Davenport, and Daniel Weinger, and Associates Matthew Karambelas, Jessica Perry, and Nana Liu.
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In an article published by Managing IP, Mintz Member Marguerite McConihe was quoted on the Department of Justice’s recent decision to move a 2020 letter to the competition section of its website and what it may signal for standard essential patent policy under the Biden administration. Ms. McConihe stated that it’s too soon to tell whether the move is a clear sign of where the Biden administration is going and added that the pending appointment of the Assistant Attorney General for Antitrust will be a better indicator of the administration’s position.
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Mintz Member Lisa Adams and Associate Marguerite McConihe were quoted in an article published by Super Lawyers on legal considerations for business transactions in Massachusetts that involve the transfer of intellectual property assets.
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Events & Speaking

Moderator
Oct
1
2024

IAM Live: Patent Transactions 2024

Hotel Kabuki, San Francisco

Speaker
May
29
2024

16th Annual Practitioners' Think Tank on ITC Litigation & Enforcement

American Conference Institute - ITC Conference

Washington D.C.

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Moderator
Nov
9
2022
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Moderator
Panelist
Apr
28
2021

Patent Transactions 2021

IAM

Virtual Event

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Speaker
Dec
15
2020

IP Advice for Tech Startups

Boston Bar Association

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Recognition & Awards

  • Best LawyersOnes 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)

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Involvement

  • Women’s Leadership Program, Boston Chamber of Commerce, Fellow
  • American Bar Association, Member
  • Boston Bar Association, Member
  • Women’s Bar Association, Member
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