Clayton, McKay & Bailey, PC

Patents / Trademarks / Corporate

1155 Mt Vernon Hwy, Suite 800
Atlanta, GA 30338

Brannon McKay  

IP Attorney

Brannon is an outside-the-box thinker that creates a path forward for you in the intellectual property space through leveraging his experience in all aspects of IP law.  Brannon can communicate and work well with your engineers because he was one — working as a software engineer after graduating from Georgia Tech, before becoming a patent agent while working his way through law school.  As an attorney, Brannon's IP practice began with patent drafting, prosecution, and counseling, but quickly moved into high-stakes IP litigation.  At Finnegan, one of the top IP litigation firms in the world, Brannon handled cases from start to finish, including deposing expert witnesses and taking witnesses at trial, and was an integral part of several extremely successful results for his clients. 

Brannon enjoys helping clients mine and build valuable patent portfolios, and leverages his experience across all areas of IP law to help make that happen.    Brannon's patent counseling practice focuses in technology areas related to computer hardware, computer software, memory controllers, virtual machines, enterprise mobility management, artificial intelligence, semiconductors, video game controllers, operating systems, medical devices, wind turbines, wireless communication protocols, telecommunications, and encryption.

Brannon also helps clients navigate the existing patent landscape, providing product clearance and patent validity opinions.  Brannon also implements litigation and post-grant strategies to enforce the rights of his clients and/or limit or invalidate a competitor's IP.  Brannon assists clients in negotiating the litigation process to reach a favorable resolution as efficiently as possible.  In particular, he identifies issues at the outset of litigation that place his clients in the best position for a favorable and early disposition.

Brannon also has a robust trademark practice that includes over 100 marks acquired for CMB's clients.  Brannon has succesfully defended opposition and cancellation procedings. 

Notable past representations include:

  • S3G v. Apple - represented HTC subsidiary in forcing settlement with Apple.
  • Rambus litigations - represented Rambus in monetizing its Barth patent portfolio.
  • Drafted and prosecuted patent applications, some of which were part of the $1B patent sale.
  • Drafting and prosecuting patent applications for a Fortune 100 software company.
  • Successful ex parte reexamination that invalidated a patent asserted against a Fortune 100 company.

Bars / Courts Admitted:

  • Supreme Court of Georgia
  • Northern District of Georgia
  • Fulton County Superior Court
  • Court of Appeals for Veterans Claims
  • USPTO Patent Bar
  • Georgia Bar

Educational background:

  • JD, Georgia State University College of Law
  • BS CmpE, Georgia Institute of Technology

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