Robert J. McAughan, Jr.
Principal

Bob McAughan has almost thirty years of experience in all facets of intellectual property litigation and counseling. He has handled patent infringement cases in district courts throughout the nation and has appeared in almost two-hundred federal litigation matters. He has briefed and argued numerous cases before the Court of Appeals for the Federal Circuit. He has significant experience handing and consulting on Inter Partes review proceedings before the U.S. Patent and Trademark Office. Mr. McAughan also uses his experience to counsel clients in pre-litigation and transactional matters, including matters involving licensing, risk-assessment/avoidance, patents, trademarks, trade dress, and trade secrets.

Mr. McAughan is widely recognized for his work in IP law, and has been named a Texas Super Lawyer® by Thomson Reuters from 2003 to 2020, a "Leading Patent Law Expert" by EuroMoney in 2009, and a "Leading Intellectual Property Attorney in Texas" by Chambers USA from 2004 to 2020. He has been listed in Best Lawyers® in America by Woodward White from 2005 to 2020.

Mr. McAughan is involved in a number of professional organizations and is the current President of the Hon. Nancy F. Atlas Intellectual Property American Inn of Court. He is the past Chairman of the Houston Bar Foundation.

(713) 829-3851 |  bmcaughan@md-iplaw.com

With skills refined over two decades on the IP frontline, the “exceptional” Bob McAughan is a never-say-die defender of clients’ rights
— IAM Patent 1000 (2017)

Detailed background

Bob’s wide-ranging experience and effectiveness is exemplified by the results he obtains for his clients and the novel approaches that he brings to the table to produce results efficiently.

Bob believes that the most effective litigation representation is obtained when a full assessment of the case is made at the outset by one with the experience and strategic vision to understand.

As an example, in GE Lighting Solutions, LLC v Agilight, Inc., Bob represented the plaintiff -patentee in a case where the case turned primarily on a few key claim construction issues. Bob and his team worked to ensure that those issues were highlighted in the claim construction process such that the district court’s opinion would have to squarely address those issues. When the district court did not adopt his client’s constructions, Bob realized that the most efficient approach to resolving the case would be to have the Federal Circuit review the district court’s claim construction order. Bob negotiated a detailed stipulated summary judgment of non-infringement to put the case in a posture for a prompt appeal. Upon appeal, the Federal Circuit reversed the district court’s construction of the key claim terms and the case was promptly resolved upon remand.

Bob recognizes that success in litigation can be achieved in a variety of ways and that a hard-fought case will typically involve a successful approach to claim construction, liability and damages issues. For example, in Power-One, Inc. v. Artesyn Technologies, Inc., Bob represented the defendant Artesyn against allegations of infringement of four patents in the Eastern District of Texas, involving the use of digital communications with dc-dc power regulators. After prevailing on certain key claim construction issues Bob was able to have infringement claims from two of the patents dismissed with prejudice. At trial, Bob was able to persuade the jury to find no infringement of a third. While the jury found infringement of the fourth patent, the infringement was found to have been not willful and the plaintiff was awarded only $100 in damages. Post trial, the matter settled on confidential terms following appeal to the US Court of Appeals for the Federal Circuit and the filing of a declaratory judgment action by the defendant against the patentee.

Bob is admitted to practice before the U.S. Court of Appeals for the Federal Circuit, the U.S. District Courts for the Southern, Eastern, and Western Districts of Texas, and the U.S. Patent & Trademark Office.

Bob received a B.S., summa cum laude, in Electrical Engineering from Texas A&M University in 1989, where he was elected to Tau Beta Pi. He received a J.D., summa cum laude, from the University of Houston Law Center in 1993, was a member of the Houston Law Review, was elected to the Order of the Coif. At his graduation he received the Law Foundation Excellence Award for graduating at the top of his class.

Bob began his legal career at the firm Arnold White & Durkee P.C., where he became a shareholder. He continued his career at Howrey Simon, the successor to Arnold White and Durkee and Locke Liddell and Sapp (now Locke Lord) where he was a partner, firm-wide head of the IP Litigation Section, and head of the firm-wide Intellectual Property Department. Since leaving Locke Lord, Bob has practiced exclusively in litigation boutiques structured to provide clients the most effective and most efficient litigation representation possible.


He wins praise from all corners of the market, with market sources describing him as “a great talent,” and a “terrific lawyer.” “He has tremendous knowledge of the IP process and the court system,” notes a client, adding: “He helps us with the big picture and doesn’t get lost in the weeds.”
— Chambers USA (2019)

Education

J.D., Houston, 1993, summa cum laude, Order of the Coif, Houston Law Review, Law Foundation Excellence Award

B.S., Texas A&M, 1989, Electrical Engineering, summa cum laude, Tau Beta Pi, Eta Kappa Nu

Bar Admissions

Texas, 1993

United States Patent & Trademark Office, 1993

Professional Recognition

Chambers USA, Leading Intellectual Property Lawyer in Texas (2004-'20)

Texas Super Lawyers® Top 100 Lawyers in Houston (Thompson Reuters)

Texas Super Lawyers® (Thompson Reuters) (2003-2020)

Best Lawyers® in America (Woodward/White) Patent Law, Litigation - Patent, Litigation - Intellectual Property (2005-'20)

Best Lawyers® in America, Lawyer of the Year 2012 (Woodward/White) Litigation - Intellectual Property

Best Lawyers® in America, Lawyer of the Year 2014 (Woodward/White) Litigation - Patents

Best Lawyers® in America, Lawyer of the Year 2016 (Woodward/White) Litigation - Intellectual Property

IAM Patent 1000, The World’s Leading Patent Professionals, Patent Litigation (2017)

Leading Patent Law Expert (Euromoney) (2009)

Texas' Top Rated Lawyers® (ALM Media) (2012-'16)

Fellow, Trial Lawyer Honor Society of Litigation Counsel of America

Martindale-Hubbell® AV Preeminent® Judicial Edition Award / Peer Review Rated

Professional Affiliations

The Honorable Nancy F. Atlas Intellectual Property American Inn of Court, President (2020-’21); President Elect (2019-’20); Treasure (2017-’19); Co-Chair of Programs Committee (2016)

Federal Circuit Bar Association

American Bar Association

American Intellectual Property Law Association

Houston Intellectual Property Law Association

Houston Bar Association

Institute of Electronic and Electronics Engineers

 

Organizations

Houston Bar Foundation, Chairman (2012)


* "Super Lawyers®" is a publication of Thompson Reuters and has included Mr. McAughan each year from 2003 to 2020; "Best Lawyers®" is a publication of Woodward White and has included Mr. McAughan each year from 2005 to 2020; "Best Lawyers® Lawyer of…

* "Super Lawyers®" is a publication of Thompson Reuters and has included Mr. McAughan each year from 2003 to 2020; "Best Lawyers®" is a publication of Woodward White and has included Mr. McAughan each year from 2005 to 2020; "Best Lawyers® Lawyer of the Year" is a designation of the Woodward/White Best Lawyers® publication.