Overview

B. Clayton McCraw is an associate in Mayer Brown’s New York office and is a member of the Intellectual Property practice.  He is a registered patent attorney with experience in district court patent litigation, Patent Trial and Appeal Board proceedings, and International Trade Commission proceedings.  Clayton’s practice also includes patent prosecution, licensing, due diligence, and strategic patent portfolio assessment.  Clayton’s experience spans a wide array of technologies including computer and electrical arts such as LED semiconductors, database management systems, wireless electric meters, and business method patents.  Clayton also has experience with medical devices, consumer products, automotive components, and design patents.

Clayton’s patent litigation experience includes all stages of litigation from pre-filing investigations through trial, including fact and expert discovery, claim construction, summary judgment, pre-trial preparation, as well as jury and bench trials.  Clayton also has extensive experience in all aspects of patent prosecution including drafting provisional and non-provisional patent applications, office action responses, and appeal briefs.  He also has experience rendering freedom-to-operate, infringement, and invalidity opinions.

Prior to joining Mayer Brown, Clayton was a Patent Examiner at the United States Patent & Trademark Office.  He examined domestic and international patent applications in technologies including refrigeration and heat exchange, semiconductor manufacturing, and business methods.

Clayton has been ranked a Rising Star by Super Lawyers in Intellectual Property from 2014-2015.

Experience

  • Nespresso USA, Inc. v. Ethical Coffee Company SA, Case No. 1:16-cv-00194-GMS (D. Del.) (Judge Gregory M. Sleet).  Representing Nespresso USA in a declaratory judgment action involving a competitor’s single-serve espresso technology patent.
  • Elekta Ltd. et al. v. Varian Medical Sys., Case No. 2:15-cv-12169-AC (E.D. Mich.) (Judge Avern Cohn).  Representing Elekta in patent litigation involving medical linear accelerator and flat-panel imaging technologies against competitor. 
  • 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.  Representing Elekta in IPR challenges to competitor patents involving medical linear accelerators.
  • Seoul Semiconductor Co. Ltd. v. Curtis International Ltd., Case No. 2:14-cv-09466-ODW (C.D. Cal.) (Judge Otis D. Wright II).  Represented Curtis International in action against 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 LEGO A/S and LEGO Systems.
  • Bell Helicopter Textron, Inc. v. Airbus Helicopters, Case No. 1:10-cv-789-RLW (D.D.C.) (Judge Robert L. Wilkins).  Represented Airbus Helicopters in assertion of its patent on landing gear technology against 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) (Judge Patricia A. Gaughan).  Represented Medidata in a patent litigation alleging infringement of a 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.) (Judge Raymond A. 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.) (Judge Stefan R. 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.) (Judge Richard G. 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.

Education

University of Virginia School of Law, JD, Executive Editor, Virginia Journal of Law & Technology

University of Virginia, BSME, Pi Tau Sigma, National Mechanical Engineering Honor Society

Admissions

  • New York

Court

  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York
  • US Patent and Trademark Office