B. Clayton McCraw

PTAB Proceedings: Clayton has extensive experience litigating validity proceedings such as inter partes review (IPR) proceedings before the Patent Trial and Appeal Board. Clayton leverages his experience as a former USPTO Patent Examiner to hone in on the most critical patent arguments.

IP Counseling: Clayton frequently assists clients with intellectual property opinions and strategic portfolio counseling, including freedom-to-operate, infringement, and invalidity opinions. He also helps clients strategize patent portfolio development and life-cycle management.

IP Transactions: Clients also come to Clayton to handle intellectual property licenses, technology supply agreements, and other technology transactions. Clayton serves as IP deal counsel in M&A transactions.

Prior to his career as an attorney, Clayton was a Patent Examiner at the United States Patent & Trademark Office. He examined domestic and international patent applications in technologies such as semiconductor manufacturing, refrigeration and heat exchange systems.

• Sharpe Innovations, Inc. v. TracFone Wireless, Inc. et al., Case No. 1:17-cv-05462 (N.D. Ill.) (J. Kendall). Represented TracFone Wireless, Inc. in action alleging infringement of two patents directed to SIM card adaptor technology. Obtained stay of case pending IPR, which led to favorable settlement.
• Sharpe Innovations, Inc. v. Cricket Wireless LLC, Case No. 2:17-cv-00412-RGD (E.D. Va.) (J. Doumar). Represented Cricket Wireless LLC in action alleging infringement of two patents directed to SIM card adaptor technology. Obtained stay of case pending IPR, which led to favorable settlement.
• Elekta Ltd. et al. v. Varian Medical Systems, Inc., Case No. 2:15-cv-12169-AC (E.D. Mich.) (J. Cohn). Represented Elekta in patent litigation involving medical linear accelerator and flat-panel imaging technologies against competitor.
• Petitions for Inter Partes Review by Varian Medical Systems, Inc., Proceeding Nos. IPR2016-00160, IPR2016-00162, IPR2016-00163, IPR2016-00166, IPR2016-00169, IPR2016-00170, IPR2016-00171, IPR2016-00187. Represented Elekta Ltd. against IPR challenges brought by competitor against patents directed to medical linear accelerator and flat-panel imaging technologies. Obtained Final Written Decision upholding the validity of 85 out of 98 total challenged claims, including a finding that secondary considerations overcame Petitioner's obviousness challenges.
• Petitions for Inter Partes Review by Elekta Ltd., Proceeding Nos. IPR2015-01401, IPR2016-00315, IPR2016-00317, IPR2016-00341, IPR2016-00380, IPR2016-00476, IPR2016-00551, and IPR2016-00547. Represented Elekta Ltd. in IPR challenges to competitor patents involving medical linear accelerator and flat-panel imaging technologies. Obtained Final Written Decisions canceling the majority of challenged claims.
• May Patents v. Mattel, Inc., et al., Case No. 1:18-cv-00354 (D. Del.) (J. Burke). Represented Mattel, Inc. and Fisher-Price, Inc. in infringement action alleging infringement of six patents directed to signal processing in modular toys.
• Seoul Semiconductor Co. Ltd. v. Curtis International Ltd., Case No. 2:14-cv-09466-ODW (C.D. Cal.) (J. Wright). Represented Curtis International in action alleging infringement of seven LED semiconductor patents related to television displays.
• In re Certain Toy Figurines and Toy Sets Containing Same, Investigation No. 337-TA-948 (ITC). Represented Mattel subsidiary MEGA Brands, Inc. against design patent litigation brought by competitor LEGO A/S and LEGO Systems.
• Bell Helicopter Textron, Inc. v. Airbus Helicopters, Case No. 1:10-cv-789-RLW (D.D.C.) (J. Wilkins). Represented Airbus Helicopters in assertion of its patent on landing gear technology against competitor Bell Helicopter, including a one-week bench trial resulting in a finding of infringement and injunction against Bell Helicopter.
• DATATRAK Int'l, Inc. v. Medidata Solutions, Inc., Case No. 1:11-cv-00458 (N.D. Ohio) (J. Gaughan). Represented Medidata in a patent litigation alleging infringement of a database system for managing clinical trials. Obtained Rule 12 dismissal of asserted patent based on invalidity pursuant to 35 U.S.C. 101.
• Segin Sys. Inc. et al. v. Stewart Title Guaranty Co. et al., Case No. 2:13-cv-00190 (E.D.Va.) (J. Jackson). Represented patent owner Segin in patent infringement and breach of contract action involving real estate settlement software.
• Nxegen LLC et al. v. Sensus USA, Inc., Case No. 3:11-cv-01197-SRU (D. Conn.) (J. Underhill). Represented Sensus in patent litigation alleging infringement of two patents relating to systems and methods for monitoring and controlling energy usage.
• TransData, Inc. Smart Meter Patent Litigation, MDL Case No. 2309. Represented utilities Alabama Power Co., Georgia Power Co., and Mississippi Power Co. in multidistrict proceeding alleging infringement of three patents relating to wireless electric meter technology.
• XpertUniverse, Inc. v. Cisco Systems, Inc., Case No. 1:09-cv-00157 (D. Del.) (J. Andrews). Represented XpertUniverse in a patent infringement and fraud case, including two-week jury trial resulting in a jury verdict of over $70 million, finding XpertUniverse's patents valid and infringed. The National Law Journal ranked the verdict in the top 5 IP verdicts in 2013.