Partner

B. Clayton McCraw

Intellectual Property

Clayton is “technically excellent and able to dig in and get all the relevant details from witnesses.”
IAM Patent 1000 (2018)

Overview

Clients across a wide range of industries trust Clayton's counsel in complex technology disputes and transactions. As an engineer and registered patent attorney, Clayton merges business and trial strategy to achieve client-focused results. He has extensive experience representing clients in patent and trade secret theft litigation, Patent Trial and Appeal Board proceedings, and ITC proceedings. Clayton also has significant experience in international IP matters, frequently partnering with patent counsel throughout the globe in connection with multi-jurisdictional licensing, infringement and validity proceedings.

Patent and Trade Secret Theft Litigation: Clayton represents clients in federal district courts throughout the country in technology-focused litigation. Clayton's experience spans a broad array of technologies including electrical and computer arts such as RFID, semiconductors, database management systems, SIM cards, wireless electric meters, and business methods. Clayton also has experience with medical devices such as medical linear accelerators, intervertebral implants, and dermal injections, as well as consumer products such as single-serve coffee and espresso machines, automotive components and design patents.

Experience

  • Galderma Laboratories LP v. Medinter US LLC, et al., Case No. 1:18-cv-01892-CFC (J. Connolly). Represented Galderma in patent infringement litigation enforcing two patents directed to dermal implant medical devices. Obtained judgment of infringement and damages with interest exceeding $6.8M.
  • Giesecke + Devrient v. United States, Case No. (COFC) (J. Williams). Represented Third-Party Defendant Gemalto, Inc. against allegations of patent infringement related to contactless communication and reader technologies for electronic passports (ePassports).
  • Nespresso USA, Inc. v. Ethical Coffee Company SA, Case No. 1:16-cv-00194-GMS (D. Del.) (J. Connolly). Represented Nespresso USA and Nestlé Nespresso SA in a declaratory judgment action against competitor's patent infringement and antitrust counterclaims accusing the design of Nespresso's single-serve coffee and espresso brewing devices. Obtained dismissal with prejudice on all counterclaims, with Nespresso deemed the prevailing party.

Recognition

A "Rising Star" in Intellectual Property – Super Lawyers

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

Courts

  • US Court of Federal Claims
  • US District Court for the Eastern District of Michigan
  • 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
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