Craig McLaughlin

Of Counsel

Craig McLaughlin has significant experience representing clients with a variety of legal issues, many of which have involved patents, trademarks, trade dress, trade secrets, and copyrights as well as claims for false advertising and unfair competition. Mr. McLaughlin is a patent attorney as well as an accomplished trial lawyer and has litigated cases in many courts across the country. His technological foundation and patent prosecution background has provided added value where he has been counsel in patent litigation matters. Additionally, Mr. McLaughlin has helped clients involved in disputes with United States Customs and with the United States Justice Department. He is a member of the State Bar of California and Colorado and numerous federal district and appellate courts including the United States Supreme Court. As a result of his success, Mr. McLaughlin has been honored with lifetime membership in the Million Dollar Advocates Forum.

Education

Whittier Law School (J.D., Dean's List, Trial Advocacy Honors Board - 1995)

California State University, Fullerton (B.A., Biological Science - 1979)

Bar Admissions

California, 1996

Colorado, 1997 (Inactive)

Courts

Supreme Court of the United States

U.S. Patent and Trademark Office

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. District Court Northern District of California

U.S. District Court Central District of California

U.S. District Court Southern District of California

Significant Cases

Tempo Lighting, Inc. vs. Tivoli, LLC, 742 F.3d 943 (Fed. Cir. 2014)

Represented patent owner Tivoli, LLC in inter partes proceeding and appeal brought by Tempo Lighting, Inc. challenging decision of Board of Patent Appeals which had agreed with Tivoli's construction of claim term. In precedential opinion, U.S. Court of Appeals for the Federal Circuit upheld the construction and remanded to Board to make further findings.

Slep-tone Entertainment Corporation v. Backstage Bar and Grill, Kelly C. Sugano, Taka-O, et al. (C.D. Cal. 2013)

Defended business sued for allegedly infringing trademark of karaoke disc manufacturer and obtained judgment in client's favor. Of the many dozens of defendants in this case, and hundreds of defendants plaintiff has sued across the country, client was the only defendant to obtain court-awarded attorney's fees as a prevailing party. In the order awarding fees, the court found that plaintiff "takes trolling to the next level" and plaintiff's "conduct was both vexatious and in bad faith."

Tempo Lighting, Inc. vs. Tivoli, LLC, Board of Patent Appeals and Interferences, Appeal No. 2011- 012102 (decided Feb. 24, 2012).

Represented patent owner Tivoli, LLC in inter partes proceeding initiated by patent infringement defendant Tempo Lighting, Inc. challenging Tivoli's patent that concerns theater stair coverings. Convinced Board of Patent Appeals to reverse reexaminer that had adopted dictionary definition of claim term and rejected all claims based thereon where claim term was specifically defined in prosecution history.

United States of America vs. $490,918 in U.S. currency, (U.S. Dist. E.D.N.Y., 2010)

In forfeiture lawsuit brought by United States, convinced U.S. Justice Dept. to enter into agreement and court order to return all of client's funds seized from its bank account by U.S. Department of Homeland Security. Successfully convinced California Court of Appeal to reverse trial court's dismissal of counterclaim lawsuit by medical lienholder. (4th District Third Div., May 2010).

Quadri vs. Alkayali, (Superior Court of California, June 2009)

Obtained favorable jury verdict with co-counsel awarding ownership of business to client.

Led defense team in successful representation of four defendants accused of trademark, design and utility patent infringement in handheld lighting market. Case settled under confidential terms, (U.S. Dist. RI, 2008).

Led defense team in successful representation of defendant accused of design and utility patent infringement in remote-controlled toy helicopter market. Defeated Plaintiff's motion for preliminary injunction. Case settled shortly thereafter under confidential terms, (U.S. Dist. C.D. Cal., 2008).

Represented importer charged by U.S. Customs with importing articles that were misdescribed and were beyond quota and included demand for significant fine. Persuaded U.S. Customs to greatly reduce fine, (2007).

In re Teknek LLC and Phillip D. Levey v. Systems Division, Inc., (U.S. Dist. N.D. Illinois 2007)

Victorious appeal to U.S. District Court vacating bankruptcy court's injunction which had restrained judgment creditor from collecting judgment from non-bankrupt co-judgment debtor.

A-Top Technology, Inc. v. Broadway Com Corp., et al., (U.S. Dist. C.D. Cal., 2006)

Led defense team in successful representation of two defendants accused of design patent infringement for computer case designs. Case settled under confidential terms.

Scieran Technologies, Inc. v. Bausch & Lomb Incorporated, (U.S. Dist. Del., 2005)

Led plaintiff's litigation team in a patent infringement case involving a medical device for excising tissue in the back of the human eye. Case settled under confidential terms.

Targetti North America, Inc. v. Electrix, Inc., (U.S. Dist. C.D. Cal., 2005)

Represented plaintiff in a patent infringement case involving fluorescent venue lighting systems. Case settled in 2006 under confidential terms.

Tivoli, LLC v. Tempo Lighting, Inc., (U.S. Dist. C.D. Cal., 2004)

Led plaintiff's litigation team in a patent infringement case involving theater floor lighting systems.

Perine Lowe, Inc. v. Dolly, Inc., (U.S. Dist. C.D. Cal., 2003)

Represented plaintiff in trade dress and copyright infringement action and obtained, as first chair trial counsel, federal jury verdict of over $3.5M. The court also awarded attorney's fees to the client.

Elaine Valles Key v. City of Long Beach, (Superior Court of Calif., 2000)

Represented plaintiff in action against major municipality for damages to real property. Won the trial despite assertion by city of 22 affirmative defenses.

Published Works

Special contributing author, "Socially Close: Social Media Marketing for Small Business", July 2014.

"Enforcement of a Judgment Can Include Intangible Property", Business Law News, Issue No. 4 - 2007, publication of the Business Law Section of the California State Bar.

"Monopoly Power of Patents and Antitrust Law Collide in Patent Tying," Orange County Lawyer Magazine, March 2006.

Speaking Engagements

Acting judge for College of Trial Advocacy, Orange County Bar Association, Chapman Law School - April, 2015.

Featured speaker, Intellectual Property for Entrepreneurs, California State University, Fullerton, California - November 2013.

Featured speaker, Legal Risks of Using Social Media, post-graduate business program, California State University, Fullerton, California - February 2011.

Featured speaker, Intellectual Property Considerations for the Start-up, business program, California State University, Fullerton, California - October 2010.

Featured speaker, Intellectual Property Concepts, Gavel Club of Long Beach - February 2010.

Featured speaker, Intellectual Property Concepts, Entrepreneurship course, California State University, Fullerton, California - March 2009.

Featured speaker, Negotiation and Dispute Resolution, post-graduate business program, California State University, Long Beach, California - September 2006.

Affiliations / Interests

Judge – College of Trial Advocacy, Orange County Bar Association

Orange County Trial Lawyers Association

Registered Patent Attorney

Million Dollar Advocates Forum