McCabe is a partner in the San Jose, California office of Kenyon & Kenyon, LLP. He has worked primarily in the field of patent and trademark litigation and counseling, and has extensive experience in rendering validity and infringement opinions. McCabe has also worked on a number of patent infringement actions for major computer hardware and software clients, particularly companies in the Silicon Valley area. He has worked on several proceedings brought under section 337 in the International Trade Commission, and also represented several clients in claim construction hearings ("Markman" hearings) on computer-related patents.
McCabe has published articles relating to the role of patents in computer software protection in the Legal Times, Computerworld and the Journal of Proprietary Rights. He has also published an article about the exploitation of ITC protection by foreign companies, which he wrote with the Honorable Judge Donald K. Duvall, and which was printed in the Electronic Engineering Times. In addition, his article, "Courts Order 'Markman' Hearings Early in Cases" was published in The National Law Journal in October, 1998. McCabe has given presentations at numerous continuing legal education seminars on intellectual property issues, and was co-chair of a presentation on Calculating and Proving IP Damages in 2003.