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M. Craig Tyler
A highly skilled trial lawyer who has litigated more than 250 technical cases, Craig tries intellectual property cases for clients in both state and federal courts.
Craig Tyler litigates cases involving claims of patent infringement, copyright infringement, and trade secret misappropriation. Considered a trusted partner to the businesses he represents, he has earned loyalty from his clients for effectively handling complex, bet-the-company disputes.
Craig develops individualized strategies for his clients and their businesses, prioritizing the appropriate solution to legal and technical challenges—which is not always litigation. Additionally, he represents both plaintiffs and defendants equally in intellectual property (IP) litigation. Craig has served as lead counsel in Section 337 litigation before the U.S. International Trade Commission for matters related to utility patent, design patent, trademark, and copyright claims.
Uncommon among IP litigators, Craig is comfortable litigating and trying disputes at the highest levels of the justice system, and his experience includes 24 trials in state or federal courts. In addition to handling federal cases in dozens of jurisdictions, he has been involved in state court actions involving trade secrets, breach of contract, breach of fiduciary duty, and many other claims in state courts in Texas, Washington state, California, Utah, Michigan, Oklahoma, and Florida. Craig's extensive arbitration experience includes multiple complex arbitrations under AAA and JAMS.
Craig has litigated cases across the United States and represented clients in appeals before the U.S. Court of Appeals for the Fifth Circuit, the U.S. Court of Appeals for the Federal Circuit, the Texas Supreme Court, and the Supreme Court of the United States.
Education & Credentials
Education
- University of Texas School of Law, J.D., 1995
- University of Texas at Austin, B.S., Mechanical Engineering, 1992
Bar and Court Admissions
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Texas
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U.S. Patent and Trademark Office
- Supreme Court of the United States
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fifth Circuit
Professional Recognition
Listed in The Best Lawyers in America: Litigation - Intellectual Property; Litigation - Patent, 2022-2024
Recommended in Intellectual Asset Management Patent 1000, 2021-2024
Listed in Venture Capital and Emerging Companies, Legal 500 United States, 2017
Listed in The World’s Leading Patent Practitioners, Patent Litigation, IAM Patent 1000, Texas, 2017, 2020
Selected to the Texas Super Lawyers list, Super Lawyers, 2008-2012, 2014-2018
Impact
Professional Leadership
- The Honorable Lee Yeakel Intellectual Property American Inn of Court, Master of the Bench
- ITC Trial Lawyers Association, Member
- Austin Intellectual Property Law Association, Member
- American Intellectual Property Bar, Member
- Federal Bar Association – Austin Chapter, Association Member
- Travis County Bar Association, Member
News
Professional Experience
Patent Litigation
NXP v. Impinj*
U.S. District Court for the Western District of Washington
As trial counsel for Impinj, obtained complete defense verdict of no-infringement on patent asserted by NXP in the area of RAIN RFID technology.
Impinj* v. NXP
U.S. District Court for the Northern District of California
As trial counsel for Impinj, obtained verdict of infringement and validity on two patents asserted by Impinj, including a finding of willfulness. In addition, the jury returned a verdict of $18.9M, which was the exact amount requested by Impinj.
Bel Power v. MPS*
U.S. District Court for the Western District of Texas (Judge Albright)
As lead trial counsel for MPS, obtained summary judgment of non-infringement and granting of Daubert motion on Bel Power’s damages expert at final pretrial conference, resolving case in MPS’s favor.
TruSun v. Cooper Lighting*
U.S. District Court for the Western District of Texas (Judge Albright)
As lead trial counsel for MPS, obtained withdrawal of trade secret claims, and summary judgment of 21 counts of correction of inventorship on eve of trial, resolving case in Cooper Lighting’s favor.
LG v. AU Optronics*
U.S. District Court for the District of Delaware
In multi-patent litigation initially filed by LG, obtained verdict as trial counsel for AU Optronics of infringement on all patents asserted at trial by AU Optronics, as well as verdict of non-infringement on all patents asserted at trial by LG.
Mass Engineered v. Dell*
U.S. District Court for the Eastern District of Texas
In a jury trial in which Susman Godfrey represented Mass Engineered and sought $64M from Dell, obtained verdict as lead trial counsel for Dell of willful infringement by Mass Engineered on patent infringement counterclaims based on an earlier-issued Dell patent. Dell sought only $120,000 for infringement of its own patent, which the jury awarded in full, and which also caused the jury to return a comparable award against Dell on Mass Engineered’s infringement claims, rather than the $64M sought by Mass Engineered.
*Prior experience
International Trade Commission
No. 337-TA-1084, Certain Insulated Beverage Containers, Components, Labels, and Packaging Materials Thereof*
On behalf of YETI Coolers, developed novel approach to eliminating counterfeit sellers from online marketplaces run by Alibaba, Wish.com, DH Gate, Bonanza, and other respondents by asserting patent infringement, trademark infringement, and copyright claims in the ITC against counterfeit manufacturers, and also the online e-commerce marketplaces, on the basis of illegal importation of infringing goods.
*Prior experience
Trade Secret Misappropriation
TruSun v. Cooper Lighting*
U.S. District Court for the Western District of Texas (Judge Albright)
As lead trial counsel for MPS, obtained withdrawal of trade secret claims, and summary judgment of 21 counts of correction of inventorship on eve of trial, resolving case in Cooper Lighting’s favor.
PSI Systems, Inc. (d/b/a Endicia) v. Auctane LLC (d/b/a Shipstation)*
U.S. District Court for the Western District of Texas
Lead trial counsel for Shipstation in defeating motion for temporary restraining order and motion for preliminary injunction by Endicia in case asserting trade secret misappropriation claims and breach of contract. Case settled favorably after both early motions by Endicia were denied.
Hangar Technology, Inc. v. Jeffrey DeCoux*
District Court of Travis County, Texas, 200th Judicial District
Lead trial counsel for Hangar in obtaining immediate temporary restraining order and favorable settlement in case asserting trade secret and breach of contract claims.
AMAX Information Technologies, Inc. v. Hyve Solutions*
Superior Court of the State of California, Alameda County
Lead trial counsel for AMAX in obtaining favorable settlement at trial after expanding case to include additional individual defendants, and uncovering hidden evidence of use by added defendants through forensic inspection.
PSI Systems, Inc. (d/b/a Endicia) v. Popout, Inc. (d/b/a Shippo)*
Superior Court of the State of California, Santa Clara County
Lead trial counsel for Endicia in obtaining preliminary injunction and early settlement of trade secret and breach of contract claims against customer who became competitor.
*Prior experience
Copyright Infringement
Beijing iQIYI Science & Technology Co. v. iTalk Global Communications*
U.S. District Court for the Western District of Texas (Judge Albright)
Lead trial counsel for iQIYI in asserting copyright infringement and unfair competition claims against Texas IPTV (internet protocol television) company that sells Chinese-based TV content in the United States. Defeated early motion to dismiss by Defendant iTalk Global (represented by Quinn Emanuel) for forum non conveniens.
*Prior experience
Arbitration
O’Donnell v. Bungie, Inc.*
JAMS Arbitration in Seattle, Washington
As lead trial counsel for Bungie, obtained favorable award after bringing copyright infringement counterclaims in response to initial claims of breach of contract and fraud by O’Donnell against Bungie. The copyright infringement counterclaims allowed Bungie to shift the themes of the arbitration and obtain a favorable award.
Razberi Technologies v. DynaColor*
AAA Arbitration in Dallas, Texas
As lead trial counsel for Razberi, obtained award confirming breach of fiduciary duty, leading to summary judgment and $54M award in separately filed case in Dallas state court.
United Parcel Service v. Motive Communications*
AAA Arbitration in Washington, D.C.
As lead trial counsel for Motive Communications, obtained favorable award on breach of contract and trade secret claims.
*Prior experience
Appellate
Tekelec, Inc. v. Verint Systems, Inc.*
U.S. Court of Appeals for the Fifth Circuit
Lead trial counsel and lead appellate counsel for Tekelec in obtaining (1) at the U.S. District Court for the Eastern District of Texas, summary judgment for breach of contract, as well as recovery of all of Tekelec’s attorney’s fees, and (2) complete affirmance of the court’s award of summary judgment and attorneys’ fees, and denial of Verint’s cross-appeal.
Nuance Communications, Inc. v. ABBYY USA Software House, Inc.*
U.S. Court of Appeals for the Federal Circuit
Lead trial counsel and lead appellate counsel for Nuance Communications in obtaining reversal motion to dismiss granted by the district court. The Federal Circuit concluded that the district court erred when it declined to exercise jurisdiction over ABBYY and also erred when it dismissed ABBYY for improper service of process.
*Prior experience