Bill McKenna

Bill represents clients in all phases of intellectual property litigation, including actions filed throughout the United States. His litigation experience includes matters involving software, electrical, mechanical arts, computer telephony, complex electrical circuitry, robotic navigation, aviation tracking, medical monitoring, and mobile devices.

Bill also advises clients on the procurement and strategic development of trademark and patent portfolios for technology startup companies, and assists them with protection strategies for core intellectual property assets and clearance of products to avoid the intellectual property of others.

Prior to becoming a lawyer, Bill was a software engineer in hardware and product development for Pinnacle Systems. While in school, Bill served as a network engineer to Cisco Systems.

In recognition of his professional achievements, Bill has been consistently selected to Indiana Super Lawyers® in the field of Intellectual Property Litigation. He serves as Managing Partner of the Firm.

Bill lives in Fishers with his wife Krista, sons Liam and Brendan, and is an avid golfer.

Representative Experience

• Amazon Patent Infringers
  Assisted Amazon with the development and implementation of the Amazon Patent Evaluation Express (APEX) program and have counsel and guided dozens of patent owners, including several Shark Tank alumni, through acceptance to the program the subsequent removal of thousands of infringing ASINs from Amazon.
• Game Play Network, Inc. v. Potent Systems, Inc. and Lien Games Racing LLC
  Lead Counsel in obtaining complete dismissal under Rule 12(b)(6) and finding four patents directed to online gambling to be patent ineligible.
• Geissele v. Lewis Machine & Tool
  Lead counsel in a patent infringement case settled on favorable terms following the institution of an inter partes review finding all claims likely to be anticipated by the prior art.
• In re Certain Full Capture arrow Rests
  Lead counsel in an investigation before the International Trade Commission finding infringement by a number of identified foreign manufacturers and sufficient domestic industry and obtaining a general exclusion order barring the importation of all infringing products into the United States.
• RaceTech v. Exacta Systems
  Obtained Rule 12(b)(6) dismissal finding all three asserted patents directed to historical horse racing as unpatentable subject matter under 35 USC 101 in Kentucky and subsequent affirmance by the Federal Circuit.
• Oaklawn et al v. Exacta Systems
  Defeated motion for preliminary injunction and obtained early dismissal of trademark infringement and unfair competition claims based upon the display of a race track’s name as the location of a historical horse race and subsequent affirmance by the 6th Circuit.
• Ingersoll Rand v. Crayon Interface
  Lead counsel in Indiana case defending software company against its corporate product development partner. Case settled on favorable terms.
• Sabasta v. Buckaroos
  Second chair in Southern District of Iowa obtaining summary judgment of inequitable conduct on behalf of Defendant in the building products manufacturing business accused of patent infringement.
• Microlog v. Continental Airlines et al
  Second chair in Eastern District of Texas defending case involving call center software and systems. Case settled on favorable terms.
• Matthews v. BioSafe
  Appeal to the Federal Circuit affirming dismissal based on lack of jurisdiction for declaratory judgment action.
• Arrival Star v. LHP Telematics
  Lead counsel in Northern District of Illinois case defending product tracking manufacturer against patent infringement claim. Case settled on favorable terms.
• AMS v. Bear Archery
  Second Chair in a Western District of Wisconsin case obtaining summary judgment of non-infringing with respect to an arrow attachment device for use in bow fishing.

Attorney News

Professional Affiliations

• American Intellectual Property Association
• American Society for the Communication of Mathematics
• Association for Computing Machinery
• Indiana State Bar Association
• Indianapolis Bar Association
  • Bar Leader Series, Class IX
• Indianapolis Bar Foundation
  • Chair, Lawyer Links Classic
• The Indianapolis Intellectual Property American Inn of Court

Speaking Engagements

• Podcast Interviewee, Navigating Amazon Infringement Copycats with APEX for Product Inventions & Inventors, National Inventors Club, December 17, 2023
• Periodic Presenter, Legal Topics for Professional Engineers, Rose-Hulman Institute of Technology
• Discussion Leader, Intellectual Property Concerns for In-House Counsel, Advanced Corporate Counsel 2021, Indiana Continuing Legal Education Forum, September 30, 2021
• Best Practices Regarding 101 Patentable Subject Matter From Claim Drafting to Litigation, Advanced Issues in Patent Litigation, Indiana Continuing Legal Education Forum, July 15, 2016
• Presenter, IP Litigation Summit, Woodard, Emhardt, Moriarty, McNett & Henry LLP
• Guest lecturer, in Dr. Rick Stamper’s IP Law for Engineers course on the topic of patent litigation, Rose-Hulman Institute of Technology, 2014-2019
• Guest lecturer, Business Law, Rose-Hulman Institute of Technology

Civic & Community Involvement

• The First Tee of Indiana

  Organizer, The BLS Open