For almost 30 years, Craig Mytelka has dedicated his practice to helping clients navigate issues of intellectual property law, primarily in the areas of licensing and litigation.  Craig helps companies and individuals maximize the value of their intellectual property portfolios through licensing, particularly regarding software and related areas such as privacy, cybersecurity, data rights and cloud storage.  He also assists clients with the licensing of patent, trademark and copyright assets.


 

For almost 30 years, Craig Mytelka has dedicated his practice to helping clients navigate issues of intellectual property law, primarily in the areas of licensing and litigation.  Craig helps companies and individuals maximize the value of their intellectual property portfolios through licensing, particularly regarding software and related areas such as privacy, cybersecurity, data rights and cloud storage.  He also assists clients with the licensing of patent, trademark and copyright assets.

When necessary, Craig helps his clients protect, defend and enforce their intellectual property rights in court.  He uses his nearly three decades of experience to assist clients throughout the litigation process, including in cases involving patent, trademark and copyright infringement; unfair competition; trade secrets; and related complex business litigation.

His experience includes companies of all sizes, from small startups to large corporations, and brand-name individuals across a wide array of industries, including financial services, manufacturing, health care, insurance, aviation, communications, software, entertainment and other technology fields.

Craig is listed in The Best Lawyers in America© (2011-present), and, in 2017, he was recognized as the Litigation - Patent “Lawyer of the Year” for Norfolk, VA.  He also has been named one of Virginia’s “Legal Elite” by Virginia Business magazine (2008-present), including in 2009 when he was featured as one of the top 10 vote recipients in the intellectual property law category.  Craig has been recognized by Chambers USA as a leading intellectual property attorney (2004-present) and listed in Virginia Super Lawyers magazine for intellectual property law (2006-present).  In addition, Martindale-Hubbell has rated him an AV attorney, its highest rating available.

Craig is also recognized as a Master in The James Kent American Inn of Court.  He is a member of the American Intellectual Property Law Association, the Intellectual Property Section of the Federal Bar Association, the Intellectual Property Section of the Virginia State Bar, the Virginia Beach Bar Association and the Norfolk & Portsmouth Bar Association.

Craig serves as a trustee and counsel to the Cape Henry Collegiate School in Virginia Beach.  He previously served as an adjunct professor of law at the Regent University School of Law, where he taught computer, trademark, copyright, patent and unfair competition law.  Craig also served on the advisory board for the College of Engineering and Science at Old Dominion University, as a director and on the executive committee of the Virginia Beach Neptune Festival, as a director on the Board of Technology Hampton Roads and as a member of the board of directors for Horizons Hampton Roads.

Craig serves as co-chair of the firm’s IP Litigation Practice and the Trade Secrets, Employee Benefits and Restrictive Covenants Practice.  He founded the Intellectual Property practice at Williams Mullen and served as its chair for 20 years.  He also served on the firm’s board of directors as a vice president, as well as the firm’s executive committee.

A graduate of Clark University in Worcester, Massachusetts, Craig received his law degree from the T.C. Williams School of Law at the University of Richmond.  While in law school, he was a merit scholar and a member of the University of Richmond Law Review.

  • Served as lead counsel in defending an international manufacturer of furniture products against a patent infringement lawsuit and attacking the validity of the competitor's patents. Williams Mullen lead the effort to collect technical documents and data and to interview key witnesses, including extensive work in China and with Chinese-language documents; conducted numerous depositions; interviewed, retained, and prepared technical experts.
  • Serve as outside counsel to Sentara Healthcare and its affiliates. Representation has included assistance with acquisitions of and affiliations with health care facilities; hospital-physician joint ventures; tax and executive compensation; physician contracting activities; reimbursement matters, including Medicare and Medicaid audits and investigations; peer review proceedings; development of corporate compliance programs; government contracting and risk management. Also advise this client, a noted leader in the implementation of the eICU, on a variety of intellectual property and patent matters including software licensing and acquisition, trademark and patent prosecution, health care informatics, privacy and data management projects, advertising, IP risk analysis and infringement litigation.
  • Filed suit for design patent and trade dress infringement of two aquatic toy products, including an underwater skateboard and a spring float.  Case was resolved after mediation.
  • Filed declaratory judgment action on behalf of reinsurer for declaration of noncoverage based on nondisclosure.
  • Represented national fast food restaurant owner and franchisor to enforce our client's nationally registered trademarks against a truck stop operating under the same name.  Case settled.   
  • Represented reinsurer on appeal to the 4th Circuit in coverage dispute.
  • Filed suit on behalf of coffee manufacturer-client asserting infringement of registered and common law trademarks and trade dress based on defendants' use of an imitation of those marks on a coffee can used as a promotional item for the movie "Watchmen." Case settled.
  • Williams Mullen filed a declaratory judgment action for declaration of noninfringement of marks in response to claims asserted by La-Z-Boy.  We also included affirmative claims of trademark infringement against La-Z-Boy, and asserted affirmative claims of trademark infringement against La-Z-Boy. The case settled at an early mediation. 
  • Defended manufacturer of skin care products against preliminary injunction for breach of distribution agreement.  Case settled before ruling on the preliminary injunction.