Education:
B.A., Biological Science, California State University, Fullerton, 1979
J.D., Whittier Law School, 1995; Dean’s List, Trial Advocacy Honors Board
Bar Admissions:
California
U.S. Supreme Court
U.S. Patent and Trademark Office
Inactive member of the State Bar of Colorado
Summary:
Craig McLaughlin, founding partner of O'Connor, Christensen and McLaughlin, has significant experience litigating intellectual property matters from inception through discovery and trial. Among his recent victories was winning, as first chair trial counsel, a federal jury verdict including punitive damages of over $3.5M in a trade dress and copyright infringement matter. The court also awarded attorney's fees to the client. Perine Lowe, Inc. v. Dolly, Inc., (C.D. Cal. 2003). Mr. McLaughlin is also experienced in patent, trademark and trade secret litigation.
With a background in chemical, biological, mechanical, and electromechanical arts, and as a patent attorney, Mr. McLaughlin has written and prosecuted several patent applications on behalf of clients in technologies such as medical devices, personal safety devices, packaging, nutritional supplements, methods and apparatus to manufacture alternative fuels, and processes and apparatus to desalinate ocean water. Mr. McLaughlin also brings to the law his technological work experience while he was with Petrolite Corporation, Getty Oil Company and EG&G. His technological foundation and patent prosecution background has provided added value where he has been counsel in a variety of patent litigation matters.
Selected Cases & Issues:
- Led defense team in successful representation of two defendants accused of design patent infringement for computer case designs. Case settled under confidential terms. A-Top Technology, Inc. v. Broadway Com Corp., et al., (C.D. Cal. 2006).
- Currently leading plaintiff’s litigation team in a patent infringement case involving theater floor lighting systems. Tivoli, LLC v. Tempo Lighting, Inc., (C.D. Cal. 2004).
- Led plaintiff’s litigation team in a patent infringement case involving a medical device for excising tissue in the back of the human eye. Scieran Technologies, Inc. v. Bausch & Lomb Incorporated, (D. Del. 2005).
Case settled under confidential terms.
- Represented plaintiff in a patent infringement case involving a fluorescent venue lighting systems. Case settled in 2006 under confidential terms. Targetti North America, Inc. v. Electrix, Inc., (C.D. Cal. 2005).
- In a copyright infringement matter involving automobile parts, and after the lawsuit was commenced, Mr. McLaughlin successfully convinced plaintiff’s counsel to dismiss the case before a responsive pleading was necessary.
- In another copyright infringement matter, Mr. McLaughlin assisted in the defense of a client accused of infringing popular belt buckle designs.
- In a copyright and trademark infringement matter, Mr. McLaughlin led the defense of a client accused of infringing the trademark of a popular jeans maker, which was dismissed before a responsive pleading was required to be filed.
- In a trademark infringement matter, and through necessary litigation, Mr.McLaughlin helped a Fortune 500 client obtain nationwide trademark rights in the retail lubricant market.
- Helped establish fair use for a client accused of trademark infringement in the security products market.
- Shut down use of two infringing domain names on behalf of cosmetic company client.
- In another trade dress matter, after his client was sued in federal court in New York, Mr. McLaughlin countersued and, in the initial stages of discovery, convinced plaintiff to drop the suit and pay a substantial settlement amount.
- Orchestrated plaintiff’s litigation team in a federal suit involving competitors in the electric controller market for hot tubs.
- Won trial against municipality for damages to real property despite assertion by defendant city of 22 affirmative defenses.
Speaking Engagements:
Featured speaker of post-graduate course in Negotiation, California State University, Long Beach, California, September 2006.
Published Works:
“Monopoly Power of Patents and Antitrust Law Collide in Patent Tying,” Orange County Lawyer Magazine, March 2006.
Memberships/Organizations:
American Bar Association
Membership Chair American Inn of Court - Clarence Hunt/Joseph Ball Chapter 2002
Orange County Patent Law Association
Celtic Bar Association of Orange County
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