Headshot image of Thomas Lewry

Thomas A. Lewry

Chair Emeritus - Litigation

Michigan

(248) 226-2753

  • Overview
  • Representative Matters
  • Background
  • Featured Content
  • Insights
“I use my experience of intellectual property litigation to defend my clients and help them succeed in their business endeavors.”

Industries

  • Automotive
  • Electrical & Computer Technology
  • Financial Solutions
  • IT Services
Tom Lewry is an experienced patent litigator with a broad range of expertise in intellectual property matters as well as general business contracts, trade secret misappropriation, and shareholder derivative matters.  

Tom has over 40 years of experience in intellectual property litigation. He's handled everything from intellectual property disputes to general business conflicts, including fraud, breach of contract, 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 a wealth of litigation experience in a variety of technology areas and has successfully tried cases relating to patents, trademarks, trade secrets and copyrights in state and federal courts throughout the country. He’s driven the firm's adoption of innovative technology in the courtroom and for delivery of client information.

Tom has been an Adjunct Professor at Wayne State Law School and a Visiting Scholar at the University of Michigan teach patent law fundamentals.

Tom has traveled to all 50 states and all 7 continents and loves all things tech. Tom enjoys watching the sunset over Lake Michigan in Northern Michigan and learning history.

Representative District Court/ITC Matters

Versata Software v. Ford Motor Company (E.D. Michigan and E.D. Texas): Lead counsel for Ford in lawsuits involving over 30 alleged trade secrets, 16 patents, 5 copyrights and 3 breach of contract claims relating to complex enterprise software for product configuration.  Versata originally sought over $1.4 Billion in damages from Ford.  After more than 8 years of litigation in federal courts in Michigan and Texas, more than 20 IPRs/CBMRs, over 60 depositions, over 1000 docket entries including multiple rounds of claim construction, summary judgment and Daubert challenges, and a three-week jury trial, John and his team held Versata to just $3 in nominal damages.  Case No. 2:15-cv-10628.

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

 

Education

J.D., University of Michigan

B.S., Computer Engineering, University of Michigan

Organizations & 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

Recognitions

“Legal Lions of the Week”, Law 360, 2023

“Leading Lawyers,” Leading Lawyers Magazine, 2017-2019

Michigan Super Lawyers, Intellectual Property, 2007 – 2012, 2014 – 2018, 2020-2023

“Top Lawyer,” DBusiness Magazine, 2016, 2019-2021

Best Lawyers in America, 2017-2023

Industries

  • Automotive
  • Electrical & Computer Technology
  • Financial Solutions
  • IT Services

Presentations

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

Publications

Co-Author, “In The Aftermath Of TC Heartland Federal Circuit Explains The Venue Requirements In Patent Cases,” Brooks Kushman Client Alerts, March 2022

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

 

Insights

Media Coverage

Brooks Kushman Featured in Law360 Article on Michigan’s Biggest Decisions Of 2023

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Client Alerts

Court Enters Final Judgement for $3 in Versata Software, Inc. v. Ford Motor Company

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Press Releases

Six Brooks Kushman Lawyers Named To 2023 Super Lawyers; One Attorney Honored As Rising Star

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Press Releases

Nine Brooks Kushman Attorneys Recognized In Best Lawyers

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Client Alerts

In the Aftermath of TC Heartland Federal Circuit Explains the Venue Requirements in Patent Cases

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Client Alerts

In the Aftermath of TC Heartland Federal Circuit Explains the Venue Requirements in Patent Cases

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Press Releases

Eight Brooks Kushman Shareholders Named To 2021 Top Lawyers List

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Press Releases

Ten Brooks Kushman Shareholders Named To 2020 Top Lawyers List

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Media Coverage

Shareholder Tom Lewry Quoted On Successful Preliminary Injunction for Myco Industries Inc. by Law360

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Press Releases

Nine Brooks Kushman Attorneys Ranked As 2020 Best Lawyer; Two Attorneys Recognized As 2020 Lawyer Of The Year

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Presentations

Thomas Lewry and and Christopher Smith to Speak at Two Panels Focusing on Developments in Patents and Licensing

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Press Releases

Twelve Brooks Kushman Lawyers Named To 2018 Super Lawyers List; Eight Attorneys Honored as Rising Stars

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Press Releases

Nine Brooks Kushman Attorneys Ranked As Best Lawyer; Two Attorneys Recognized as Lawyer of the Year

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Webinar

When Business Meets IP: Six Strategies for Mitigating Risk of IP

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Press Releases

Brooks Kushman Ranked In The 2018 Best Law Firms List; Nine Attorneys Ranked As Best Lawyer

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Press Releases

Twelve Brooks Kushman Lawyers Named To 2017 Super Lawyers List; Ten Attorneys Honored As Rising Stars

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Press Releases

Nine Brooks Kushman Attorneys Ranked as 2018 Best Lawyers

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Webinar

Quarterly Review: Impacts on Intellectual Property

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Blog

USPTO’s Legal Fees for Appeals to District Court

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Press Releases

Five Brooks Kushman Lawyers Named To 2017 Top Lawyers List

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Press Releases

Brooks Kushman Ranked in the 2017 Best Law Firms List; Eight Attorneys Ranked as Best Lawyers

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Press Releases

Eight Brooks Kushman Lawyers Named To 2016 Super Lawyers List; Eight Attorneys Honored As Rising Stars

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Press Releases

Brooks Kushman Congratulates 7 Attorneys Named as 2017 Best Lawyers In America

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Press Releases

Eleven Brooks Kushman Attorneys Named Top Lawyers

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Press Releases

Fifteen Brooks Kushman Attorneys Named 2015 Super Lawyers and Rising Stars

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Media Coverage

Brooks Kushman’s Lewry Shares Patent Writing Tips in Crain’s Detroit Business

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Blog

Federal Circuit Reaffirms Kessler Doctrine As A Patent Infringement Defense For Customers

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Presentations

Brooks Kushman’s Lewry Co-presents IP Webinar for U of M’s College of Engineering

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Presentations

Brooks Kushman’s Lewry Discusses Use of Demonstrative Exhibits at DRI’s IP Litigation Seminar

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Press Releases

Lewry Featured in the University of Michigan Video as a Lecturer for Class on Patent Fundamentals for Engineers

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Media Coverage

National Law Journal Quotes Lewry on Permanent Injunctions in Patent Cases

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Media Coverage

Six Brooks Kushman Lawyers Named to 2009 Super Lawyers List; Two Up-and-Coming Lawyers Named Rising Stars

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Press Releases

Six Brooks Kushman Lawyers Named to 2008 Super Lawyers List; Five Up-and-Coming Attorneys Named Rising Stars

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Press Releases

Commerce Township Entrepreneur Prevails in Case Against Microsoft for Willful Infringement of Anti-Piracy Software Patents

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Press Releases

Brooks Kushman Lawyers Named to 2007 Super Lawyers List

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Media Coverage

Go Abroad for Cheap Tunes? Global Sites Offer Cheap Music But Questionable Legal Issues

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Publications

Customs Brokerage Industry Narrowly Escapes Restructuring

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Media Coverage

Novell Will Pay Some Legal Costs for Linux Customers (Update2)

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Media Coverage

RIAA Can’t Subpoena Identities of File Traders, D.C. Cir. Says

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Free Downloading Not Freeloading, College Students Say

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Media Coverage

Peace Offering for File Traders?

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Media Coverage

Content Cops

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Media Coverage

Verizon Loses First Round With RIAA; ISPs Brace for More Subpoenas

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Media Coverage

DMCA Creates Legal Exposure for Universities

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Media Coverage

Lawyer for MTU Student Says Grokster Decision Applies

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