Overview

Tom handles all phases of intellectual property protection, with a focus on litigation. He has litigated utility patents, design patents, trade secrets, trademarks and trade dress, unfair competition claims, copyrights, and defamation claims both on the plaintiff side and on the defendant side in federal courts and in front of the International Trade Commission.

Tom has successfully obtained summary judgment of patent validity and infringement, successfully argued patent appeals before the Federal Circuit Court of Appeals, obtained injunctive relief, and numerous favorable settlements. Tom also writes and prosecutes patents, works on reexamination and reissue proceedings, prepares non-infringement and freedom to operate opinions, prosecutes trademark applications, performs trademark clearances, and negotiates license agreements relating to intellectual property.

Tom has experience in a variety of industries, including medical devices, lighting devices, specialty materials and processes for forming the same, food processing systems and methods, analytical instrumentation, consumer and recreational products, electrochemical cells, building materials, and automotive components.

Tom is the author and editor of the D. Mass. IP Litigation Blog. He monitors and summarizes intellectual property cases in the U.S. District Court of Massachusetts, with a particular interest on patent, trademark, trade secret, antitrust, and copyright litigation. He also frequently speaks on topics related to the myriad emerging issues surrounding IP and artificial intelligence (AI).

  • Obtained summary judgment of patent invalidity for failure to meet the written description and best mode requirements for firearms manufacturer; upheld these rulings on appeal to the Federal Circuit.
  • Settled patent, trade dress, trademark and unfair competition lawsuit against firearms manufacturer following briefing on motions for summary judgment of noninfringement and invalidity of the asserted patent and trade dress.
  • Negotiated a no-payment settlement for a small business accused of trademark infringement and unfair competition.
  • Favorably settled litigation for fitness tracker app developer after invalidating most claims from asserted patents in inter partes reexamination.
  • Negotiated numerous license agreements for large medical device corporation.
  • Obtained summary judgment of patent validity and infringement and a permanent injunction for a small, three-person toy design company against a large toy manufacturer and two multinational retailers.
  • Enforced patents for an innovative lighting company against a series of competitors, obtaining several favorable judgments and settlements that increased the value of the company and ultimately led to the sale of the company to an industry giant.
  • Negotiated a settlement that precluded a direct competitor from selling infringing fire fighting gear while avoiding the expense of trial.
  • Forced a number of competitors to stop selling competing fluorescent lighting fixtures based on client’s design patents.
  • Assisted several start-up companies in selecting, clearing and registering trademarks, avoiding potential future problems before significant investment was made under a potentially infringing mark.
  • Boston University School of Law, J.D., magna cum laude; served as an Editor of the Boston University Law Review
  • College of the Holy Cross, B.A., Chemistry
  • Massachusetts Super Lawyers – Intellectual Property (2018 – 2023)

Education

Boston University School of Law, J.D.

College of the Holy Cross, B.A.

Boston University School of Law, J.D.

College of the Holy Cross, B.A.

Admissions

Massachusetts

New Hampshire

Western District Of Wisconsin

Court Of Appeals For The Federal Circuit

USPTO

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