Max’s practice focuses on complex intellectual property litigation involving a variety of technologies including computer software, telecommunications, consumer products, electronics and gaming. As a trial team member, Max is involved in all phases of litigation where he drafts motions, coordinates discovery, deposes witnesses, develops case strategy and prepares witnesses and arguments for trial. He also has appellate experience, where he assisted with successfully briefing a written description challenge on appeal where the U.S. Court of Appeals for the Federal Circuit affirmed the jury’s findings on validity and upheld the full damages award of $139.8 million—the second largest patent verdict in 2017.  

Max is licensed to practice before the USPTO, and has experience briefing arguments on both sides of inter partes review proceedings before the Patent Trial and Appeal Board (PTAB). His technical education and professional experience as a civil engineer allows him to understand and meet the needs of clients across multiple technological disciplines and industries.

During law school, Max served as a legal intern at KU Innovation and Collaboration, which supports faculty research and protects intellectual property in fields as varied as pharmaceutical development, biosciences and information technologies. He also was a judicial intern in the criminal division of Johnson County District Court in Olathe, conducting research and preparing memoranda for the Hon. Thomas Kelly Ryan. Before becoming an attorney, Max was a practicing Engineer in Training with Olsson Associates, where he passed the FE exam and was certified by the Kansas State Board of Technical Professionals. As a member of the traffic team, he worked with a wide range of traffic signal technologies, conducted statistical safety analyses on urban corridors and completed detailed traffic impact studies for new developments to ensure compliance with municipal zoning standards.

Pro bono work and community involvement are important to Max and his practice. Max has taken numerous pro bono cases, representing clients in criminal matters, including a Section 1983 action involving improper seizure of personal property, and asylum proceedings. He also serves on the Steering Committee for the OB Network, a professionals organization that provides financial and volunteer support to the mission of Operation Breakthrough—a Kansas City-based organization that provides a safe, loving and educational environment for children in poverty and empowers their families through advocacy, emergency aid and education. 

Publications

Maxwell C. McGraw, Patent Troll Akoloutheo Sues Oracle in Latest Chapter of Its Cloud Software and IoT Patent Litigation Campaign, Cloud IPQ: Enhancing Your Cloud IP IQ, March 29, 2019.

Maxwell C. McGraw, Kimble v. Marvel Entertainment, LLC: Economic Efficiency Caught in the Web of Improper Judicial Restraint, 65 U. Kan. L. Rev. 177 (2017).