Frances Mackay

Associate

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Frances Mackay is a litigation associate in O’Melveny’s Dallas office. Her practice is focused on intellectual property and technology matters, with an emphasis on patent litigation. She has represented clients in a wide variety of fields, including telecommunications systems and standards, artificial intelligence and machine learning, computer hardware and software, automotive systems, fossil fuel extraction and energy production, medical devices, e-commerce, banking, semiconductor devices, railcar equipment, and cybersecurity. Frances has experience in district court litigation, inter partes review (IPR) proceedings, pre-suit investigations, and has worked directly with inventors to prepare nearly a hundred patent applications.

Prior to attending law school, Frances received a Ph.D. in Applied Mathematics for research conducted in the field of computational condensed matter physics.

Admissions

Bar Admissions

  • Texas

Court Admissions

  • US District Court for the Eastern District of Texas

Education

  • Yale Law School, J.D.:Yale Journal of Law and Technology
  • Western University, Ph.D., Applied Mathematics
  • Western University, M.Sc., Astronomy with Scientific Computing
  • University of Alberta, B.Sc., Astrophysics: Honors

Professional Activities

Author

  • USPTO Releases Updated Patent Eligibility Guidance,” Intellectual Property & Technology Law Journal, Wolters Kluwer, Volume 32, Number 1 (2020)

PTAB Matters

  • Halliburton Energy Services, Inc. v. US Well Services, LLC (IPR2021-01066) – Prepared IPR Petition challenging the validity of a patent related to electrically powered hydraulic fracturing equipment. Prepared expert for deposition following IPR institution.
  • Ericsson Inc. v. Koninklijke KPN NV (IPR2022-00069) – Prepared IPR Petition that led to institution against patent related to telecommunications network access, overcoming patent owner’s Fintiv arguments.
  • Infineon Techs. AG v. Arigna Tech. Ltd. (IPR2021-01382) – Representing Infineon in IPR proceedings against patent involving semiconductor technologies.
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