Bob McAughan
Principal

Bob McAughan has over twenty years of experience in all facets of intellectual property litigation, transactional matters, and general counseling, including 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 2015, a "Leading Patent Law Expert" by EuroMoney in 2009, and a "Leading Intellectual Property Attorney in Texas" by Chambers USA from 2004 to 2015. He has been listed in Best Lawyers® in America by Woodward White from 2005 to 2015.

Contact Card  |  (713) 800-5702  |  bmcaughan@smd-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 McAughan’s wide-ranging experience and effectiveness is exemplified by the results he obtains for his clients. For example, Bob defended USA Sports in Iron Grip Barbell v. USA Sports, Inc. USA Sports was accused of infringing one design and two utility patents. Bob obtained a dismissal with prejudice with respect to the design patent, summary judgment of invalidity with respect to the one asserted utility patent, and summary judgment of non-infringement with respect to a second asserted utility patent.

In Power-One, Inc. v. Artesyn Technologies, Inc., Bob represented Artesyn against allegations of patent infringement in the Eastern District of Texas, involving the use of digital communications with dc-dc power regulators. The plaintiff asserted four patents in the suit; infringement claims from two of the patents were dismissed with prejudice, and a jury found no infringement of a third. While the jury found infringement of the fourth patent, the plaintiff was awarded only $100 in damages. The case 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.

In DP Wagner Mfg. Inc. v. Pro Patch Systems, Inc., Bob represented DP Wagner in a patent false marking, unfair competition, and anti-trust case, winning summary judgment on the false marking claims for his client. The 2006 summary judgment opinion has been widely-cited in patent false marking opinions since, and lead Bob to make a presentation to the Association of Corporate Counsel warning about an impeding rise in patent false marking claims on the horizon, years before the flood of such cases reached the courts.

Bob represented Emerson Electric Co. as a plaintiff in an unfair competition case, Emerson Electric Co. v. Honeywell International, Inc., resulting is a cessation of the unfair acts.

In Fanimation Design & Mfg., Inc. v. Emerson Electric Co., a design patent infringement case, Bob obtained summary judgment for his client Emerson Electric Co. that the asserted patents were not infringed.

When representing Ridge Tool Co. in the trade dress case Ridge Tool Co. v. Florida Pneumatic, Bob obtained favorable decision on summary judgment and the case settled with defendant consenting to a stipulated judgment and a consent injunction.

Representing the manufacturer of ROBOGRIP pliers as patentee in a patent infringement case, Applied Concepts, Inc. v. Olympia, Bob obtained preliminary injunction prompting a settlement for his client.

Bob represented a major manufacturer of ultrasonic cleaning equipment as defendant in a trade secret case, Smart Sonic Corp. v. Branson Ultrasonics. Bob defeated the plaintiff's motion for a TRO and preliminary injunction and the case settled for his client thereafter. 

In Ryobi North America v. Emerson Electric Co., Bob represented a major tool manufacturer as defendant in the patent infringement action. Bob obtained a summary judgment of non-infringement, thereby disposing of the case.

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, where he was elected to the Order of the Coif, was a member of the Houston Law Review, and was awarded the Law Foundation Excellence Award.

Bob began his legal career at the firm Arnold White & Durkee P.C., were he became a shareholder. Bob later became a partner at Howrey LLP. In 2004 he joined the law firm Locke Liddell & Sapp LLP, which later became Locke Lord LLP, where he was a partner, firm-wide head of the IP Litigation Section, and head of the firm-wide Intellectual Property Department.


The “incredibly sharp” Robert McAughan has a “terrific reputation” for his work across an impressive range of IP matters, including litigation and transactional issues.
— Chambers USA (2017)

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

Bar Admissions

Texas, 1993

United States Patent & Trademark Office, 1993

Professional Recognition

Chambers USA, Leading Intellectual Property Lawyer in Texas (2004-'17)

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

Texas Super Lawyers® (Thompson Reuters) (2003-'16)

Texas Super Lawyers® Top 100 Lawyers in Houston (Thompson Reuters) (2003-'06, 2009-'12)

Best Lawyers® in America (Woodward/White) Patent Law, Litigation - Patent, Litigation - Intellectual Property (2005-'17)

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

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® Peer Review Rated

Professional Affiliations

The Honorable Nancy F. Atlas Intellectual Property American Inn of Court, Barrister (2013-'15); Master (2015-present); Treasurer (2017); Co-Chair of Programs Committee (2016)

American Bar Association

American Intellectual Property Law Association

Houston Intellectual Property Law Association

Houston Bar Association

 

Organizations

Houston Bar Foundation, Chairman (2012)


  * "Super Lawyers®" is a publication of Thompson Reuters and has included Mr. McAughan each year from 2003 to 2016; "Best Lawyers®" is a publication of Woodward White and has included Mr. McAughan each year from 2005 to 2017; "Best Lawyers® Lawyer of the Year" is a designation of the Woodward/White Best Lawyers® publication; "Texas' Top Rated Lawyers®" is a publication of ALM Media and The American Lawyer magazine, and has included Mr. McAughan each year from 2012 to 2017.

 

* "Super Lawyers®" is a publication of Thompson Reuters and has included Mr. McAughan each year from 2003 to 2016; "Best Lawyers®" is a publication of Woodward White and has included Mr. McAughan each year from 2005 to 2017; "Best Lawyers® Lawyer of the Year" is a designation of the Woodward/White Best Lawyers® publication; "Texas' Top Rated Lawyers®" is a publication of ALM Media and The American Lawyer magazine, and has included Mr. McAughan each year from 2012 to 2017.