Tom has more than 30 years of intellectual property litigation experience. His litigation experience runs the gamut from intellectual property matters to general business conflicts, including breach of contract, fraud, tortious interference, trade secret misappropriation, breach of fiduciary duty, and shareholder derivative matters. Tom has tried cases in federal and state courts around the country.
Tom has extensive litigation experience in a variety of technology areas and tried cases relating to patents, trademarks, trade secrets and copyrights in state and federal courts throughout the country. He has been the driving force behind the firm's adoption of innovative technology in the courtroom and for delivery of client information.
Tom is an Adjunct Professor at Wayne State Law School and a Visiting Scholar at the University of Michigan.
Tom enjoys traveling (he's been to all 50 states and all 7 continents), as well as all things tech related. In addition, Tom enjoys watching the sunset over Lake Michigan on a summer evening in Northern Michigan, and reading, especially history.
z4 v. Microsoft and Autodesk (Jury Trial – E.D. Texas): Represented z4 in a patent infringement case involving two patents relating to technology for reducing software piracy. Infringing products included Microsoft’s Windows and Office software, and Autodesk’s AutoCAD software. Brooks Kushman secured a $133 million jury verdict, and a $25 million enhanced damages award for z4. The Federal Circuit affirmed the jury verdict. Case No. 507 F.3d 1340
Cheetah Omni, LLC v. Verizon Services Corporation, et al. (Jury Trial – E.D. Texas): Represented Cheetah Omni in a patent infringement lawsuit concerning fiber optic switching technology. Secured a $5.4 million jury verdict. Case No. 6:11-cv-00160
Johns-Manville Corp. v. Guardian Industries Corp. (Judgment for plaintiff – E.D. Michigan): Represented plaintiff in a trade secret and patent infringement suit involving fiberglass manufacturing. 586 F.Supp. 1034, 221 USPQ 319
Hilgraeve Corporation v. Symantec Corporation (Settlement – E.D. Michigan): Counsel for plaintiff in a patent infringement action involving anti-virus software. Secured a $62.5 million settlement for our client on the eve of trial. Case No. 97-cv-40370
Cheetah Omni, LLC v. Alcatel-Lucent, et al. (Settlement – E.D Texas): Represented Cheetah Omni in a patent infringement case against the leading optical telecommunications companies. Cases resulted in favorable settlements for our client. Case No. 6:11CV390
Omni MedSci, Inc. v. Leica Microsystems, Inc. (Settlement – N.D. Illinois): Represented plaintiff in a patent infringement case relating to confocal microscope systems that use fiber light sources to perform spectroscopy. Case resulted in a favorable settlement. Case No. 1:17-cv-1977
Sutmyn v. Storage Technology Corp. (Summary Judgment – N.D. California): Represented defendant in a patent infringement matter involving virtual storage systems. Successfully defended against antitrust claims. Case Nos. C97-20105 RMW & C97-20629 RMW (consolidated)
Waner v. Ford Motor Co. (Jury Trial – U.S. District Court, South Dakota): Defended Ford Motor Co. on a patent infringement matter involving heavy-duty trucks. Case No. Civ. 98-5061-KES; 331 F.3d 851
Palmer v. Fox Software Inc. et al. (N.D. Ohio): Successfully defended breach of fiduciary duty claims. $22 million jury verdict reduced by remittitur to $13 million; reversed on appeal – no cause of action.
107 F.3d 415 (6th Cir. 1997); 1997 WL 67851 (Fed. Cir. 1997)
Expeditors International v. Vastera, Inc. (Jury Trial – E.D. Michigan): In a case watched closely by the customs industry (See Customs Brokerage Industry Narrowly Escapes Restructuring, Intellectual Property Litigation Reporter, October 4, 2004), Expeditors alleged Vastera had misappropriated over 325 trade secrets relating to the customs brokerage industry and sought $150 million in damages. Tom represented Vastera. The jury found for Vastera and the Court ordered Expeditors to pay over $400 thousand in fees to Vastera. Case No. 2:01-cv-71000
Organizations and Affiliations
State Bar of Michigan, Computer Law Section, Past Chair; Patent and Trademark Office Committee
Visiting Scholar Univ Mich Ann Arbor
American Bar Association, Intellectual Property Law Section; Computer Applications User Group, Past Chair
Michigan Intellectual Property Law Association
Computer Law Association
“Leading Lawyers,” Leading Lawyers Magazine, 2017-2019
Michigan Super Lawyers, Intellectual Property, 2007 – 2012, 2014 – 2018, 2020-2021
“Top Lawyer,” DBusiness Magazine, 2016, 2019-2021
Best Lawyers in America, 2017-2022
Quoted, “Eye Device Maker Can’t Sue Ex-Partner’s Customers Over IP,” Law360, September 2019
Featured, “How to Write a Solid Patent: Innovators Offer Tips,” Crain’s Detroit Business’, July 2015
Featured. “A Revived Injunction: Federal Circuit Recently Affirmed Vitality of this Patent Remedy,” National Law Journal, January 2012
Featured, “Six Brooks Kushman Lawyers Named to 2009 Super Lawyers List,” 2009 Super Lawyers List, October 2009
Quoted, “A Revived Injunction: Federal Circuit Recently Affirmed Vitality of this Patent Remedy,” National Law Journal, January 2012.
Quoted, “Productivity in the Legal Profession: The Impact of Mobile Technology,” ALM Legal Intelligence, December 2011.
Quoted, “Federal Circuit: Provisional Application Can Show Another Party Was First to Invent,” National Law Journal, July 2010.
Quoted, “More Defendants Seek to Blast Out of Patent Rocket Docket,” National Law Journal, June 2009.
Co-Author, “Covered Business Method Patent Review Will End as of September 16, 2020.” Client Alert, August 2020
Author, Intellectual Property Litigation Reporter, Vol. 11, Issue 12, October 2004
Presenter, “Common Legal Issues Entrepreneurs Typically Face as they Start and Grow their Business,” Automation Alley Entrepreneur Law Seminar, October 2015
Co-Presenter, “IP: Trademark, Copyright & Patents,” Department of Electrical Engineering and Computer Science, University of Michigan (U of M), June 2013
Presenter, “Introduction of Problem and Use of Exhibits Beyond Paper Exhibits,” DRI`s Intellectual Property (IP) Litigation Seminar, May 2013