Victoria R. McDonald Webb
Victoria (McDonald) Webb works with clients to strategically and creatively obtain, enforce, and leverage a broad range of intellectual property rights, including patents, trademarks, trade dress, and copyrights. Her experience involves an extensive range of fields, including, for example, medical devices, consumer and retail products, sporting equipment, apparel and footwear, lifestyle and outdoors products, electrical, plumbing, and publishing.
Her practice primarily focuses on the litigation and resolution of patent, trademark, trade dress, and other intellectual property disputes. She represents plaintiffs and defendants in key phases of infringement and intellectual property matters (e.g., pre-filing investigation, temporary restraining orders, preliminary injunctions, motions to dismiss, fact discovery, expert discovery, depositions, claim construction, summary judgment, ITC proceedings). She has represented clients in numerous proceedings in federal courts throughout the country, the ITC, the Circuit Court of Cook County, and arbitration proceedings.
Ms. Webb has significant experience managing and litigating complex intellectual property matters to successfully achieve client business goals by enforcing rights and defending against allegations of infringement. She has successfully briefed and argued motions and at hearings (e.g., Markman hearings). She has managed complex discovery and ESI matters, including through the development of unique strategies for managing the preservation, collection, review, and production of ESI and other discovery in a cost and time efficient manner. Ms. Webb has taken and defended depositions of numerous fact and expert witnesses, and has negotiated favorable litigation-ending settlements and consent judgments.
Examples of recent litigation accomplishments include:
- YETI Coolers, LLC v. Sam’s West, Inc. et al., No. 16-cv-829 (W.D. Tex.) (ECF 75) (denying in this and several other cases multiple defendants’ motions to consolidate separate cases filed by plaintiff involving trade dress and other IP rights)
- Y ETI Coolers, LLC v. JDS Industries, Inc. et. al., 300 F. Supp. 3d 899 (W.D. Tex. 2018) (denying a defendant’s Rule 12(b)(6) motion to dismiss all claims in a case involving trade dress infringement and related claims)
- YETI Coolers, LLC v. RTIC Coolers, LLC et al., No. 15-957, 2017 WL 404519 (W.D. Tex. Jan. 27, 2017) (granting plaintiff’s Daubert motion to exclude the report and opinion testimony of defendant’s patent non-infringement expert)
- Irrevocable Trust of Anthony J. Antonious v. NIKE, Inc., No. 11-6327, 2016 WL 7426585 (D.N.J. 2016) (denying non-practicing patentee’s motion to set aside claim constructions, vacate summary judgment, and reopen discovery)
- Irrevocable Trust of Anthony J. Antonious v. NIKE, Inc., No. 11-6327, 2016 WL 3176576 (D.N.J. 2016) (granting defendant’s motion for summary judgment of non-infringement in a utility patent infringement lawsuit brought by a non-practicing patentee)
- McAirlaids, Inc. v. Kimberly-Clark Corp., 299 F.R.D. 498 (W.D. Va. Mar. 7, 2014) (denying plaintiff patentee’s motion to amend the protective order to allow plaintiff’s competitive decision makers access to defendant’s confidential information and documents)
In addition to her litigation practice, Ms. Webb provides transactional, counseling, and opinion work on intellectual property issues. Her experience also includes the preparation and prosecution of patents in the mechanical arts and other fields, including dental, personal care, business method, appliance, and consumer product fields.
Ms. Webb graduated from Marquette University with honors, earning a B.S. in mechanical engineering and a minor in Spanish. She was a founding member of the Marquette University chapter of Engineers Without Borders, and led the design and implementation of several renewable energy and drinking water systems in developing regions of Guatemala.
Prior to earning her J.D., Ms. Webb worked in the plumbing division of Kohler Co. focusing on current and new product development of toilets, urinals, and other bathroom fixtures. She also worked in manufacturing, facilities, and quality at John Deere.
Ms. Webb graduated order of the coif from the University of Iowa College of Law. While in law school, she was a member of the first team from the University of Iowa to participate in the INTA Saul Lefkowitz Trademark Moot Court Competition, earning Best Brief and Best Oral Arguments in the Midwest region.
Ms. Webb is a registered patent attorney and is admitted to practice is the states of Illinois and Colorado.
71 South Wacker Drive,
Chicago, IL 60606
B.S. 2008, Marquette University
J.D. 2011, University of Iowa
Supreme Court of Illinois
U.S. Patent and Trademark Office
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Western District of Texas