Clayton, McKay & Bailey, PC

Patents / Trademarks / Corporate

1155 Mt Vernon Pkwy, Suite 800
Atlanta, GA 30338

Patents

All aspects of our patent work are focused on giving you the greatest competitive advantage possible.  Whether that means identifying key technologies and growing your patent portfolio around them or guiding you through a complex patent litigation, this tenant remains at the forefront of what we do.  Our experience and services cover all aspects of patent law, giving you the peace of mind that we can see the big picture and make sure you're well positioned within it.

We have been practicing all aspects of patent law, representing clients of all sizes from Fortune 500 companies to small startups.   Collectively, our experience includes over $300M in settlements, patent sales of over $1M per patent, successful reexamination proceedings that have invalidated all patent claims, and hundreds of patent applications allowed by the USPTO.  Whatever your needs, we have done it before and will do it again.

Our patent services include:

Litigation / Local Counsel.  We serve as local counsel in both the Eastern District of Texas and the Northern District of Georgia for patent and trademark litigants.  We can actively participate in your case as an advocate and provide substantive and procedural assistance with your filings.  Our litigation credentials include:

  • Experience in all aspects of litigation - from identifying infringing targets, to deposing key witnesses and experts, all the way through trial and appeal.
  • Complex patent litigations in spaces such as memory technology, semiconductors, computer software, and mechanical arts.
  • We have represented plaintiffs and defendants, and understand the business decisions that usually drive litigation strategy on the other side.
  • We have represented clients in the E.D. Tex, the International Trade Commission (ITC), and N.D. Ga., among other venues.  We can practice in any of these venues currently.

Counseling: Patent Drafting / Prosecution.  We have handled hundreds of patent applications from start to finish, with an emphasis on securing patents with maximum value.  We take a holistic approach, identifying areas of potential improvement in your patent portfolio, helping mine additional IP to grow your patent portfolio so that you are getting value for your legal dollars.  Our patent counseling credentials include:

  • Hundreds of patent applications drafted, filed, and prosecuted.
  • Assisted in the drafting, prosecution, and valuating and selling of patents in a blockbuster patent sale worth over $1M per patent.

Opinion Work.  We provide written opinions regarding product clearance, patent validity, infringement, and patentability.  

Post Grant Review / Reexamination.  We have successfully represented clients in post grant proceedings. Some highlights include:

  • Successful ex parte reexamination for a Fortune 100 company ending in all patent claims being rejected, and resulting in termination of an ongoing litigation involving the patent.
  • Over 10 reexamination requests drafted and filed.

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