Megan M. O’Laughlin, Esq.
Megan O’Laughlin represents both plaintiffs and defendants in intellectual property and complex commercial litigation, with a particular emphasis in intellectual property. Megan not only represents clients through all stages of litigation, but also counsels clients on how best to protect their interests outside the courtroom.
Megan began her practice in the Dallas office of Akin Gump Strauss Hauer & Feld LLP, where she represented a wide variety of clients, including commercial mortgage lenders, telecommunications providers, oil and gas companies, and international industry leaders, in federal and state court litigation and arbitration. She was also selected to participate in the Dallas District Attorney’s Office Lawyer-on-Loan Program, where she tried more than ten jury trials and many more bench trials.
But the world of intellectual property most intrigued Megan, leading her to join Hitchcock Evert in 2008. Her practice currently encompasses a wide range of intellectual property and unfair competition cases at both the state and federal levels and in matters before the Trademark Trial and Appeal Board. She has counseled clients in such diverse industries as aerospace, petrochemicals, computer software, and restaurant services.
Megan has expertise in patent infringement, trademark infringement, copyright infringement, trade secret misappropriation and unfair competition litigation at the trial and appellate levels. She has prepared several successful dispositive motions in federal court and also has significant experience in the appellate stages of both state and federal courts, having argued before the U.S. Court of Appeals for the Fifth Circuit and the Court of Appeals for the Fifth District of Texas at Dallas.
Megan also co-authored an amicus brief before the Federal Circuit and amicus briefs before the Supreme Court in the high-profile case ofThe Association for Molecular Pathology et al v. Myriad Genetics, Inc., in which the Supreme Court held that human genetic material (specifically, the BRCA1 and BRCA2 genes and mutations thereof that correlate to an increased risk for breast and ovarian cancers) was not patent-eligible subject matter.
REPRESENTATIVE EXPERIENCE
- Securing a permanent injunction for the leading manufacturer of tortillas and other Mexican food products against infringement of its trademarks by a chain of fast casual Mexican restaurants
- Securing a permanent injunction on behalf of a successful chain of sports-bar themed restaurants against infringement of its trademarks and trade dress
- Obtaining a favorable settlement, including an agreed permanent injunction, on behalf of a preeminent provider of information and advice related to the automotive industry against defendants engaged in “astroturfing,” which is the practice of submitting falsified internet reviews
- Securing a judgment as a matter of law in a complex trade secret matter, including oral arguments before the U.S. Court of Appeals for the Fifth Circuit
- Obtaining an arbitration award, including monetary damages and attorneys’ fees, in a breach of contract action
- Prosecution of multiple trade dress infringement actions on behalf of restaurants, leading to favorable settlements that protected the brands
- Obtaining favorable, business-driven settlements on behalf of clients accused of intellectual property infringement
HONORS/MEMBERSHIPS:
- Recognized as Appellate Lawyer of the Week by Texas Monthly Magazine, 2014
- Articles Editor, Vanderbilt Law Review, 1998-99
BAR ADMISSIONS
- State of Texas, 1999
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court – Northern District of Texas
- U.S. District Court - Eastern District of Texas
- U.S. District Court - Western District of Texas
EDUCATION
- Juris Doctorate – Vanderbilt University, 1999
- Bachelor of Arts in Political Science – University of Texas at San Antonio, 1996