In a diversified practice, Tom practices in the firm’s intellectual property and business litigation groups. Tom represents corporations, multi-nationals to local family owned, and entrepreneurs in a variety of areas including patent, trademark and copyright infringement suits, trade secret actions, complex commercial litigation matters, unfair competition and non-compete litigation. Tom was a member of the trial and appellate teams in a substantial patent infringement victory and judgment in excess of $31 million, in Minco, Inc. v. Combustion Engineering, Inc., 95 F.3d 1109, 40 U.S.P.Q. 2d 1001 (Fed. Cir. 1996), a Top 20 judgment at the time. Tom successfully represented a party before the U.S. Court of Appeals for the Sixth Circuit, upholding settlement terms in a patent infringement matter. Info-Hold, Inc. v. Trusonic, Inc., 538 F.3d 448 (6th Cir. 2008).
More recently, Tom has led litigation teams in federal court proceedings relating to patent, trademark, and copyright infringement actions, as well as misappropriation of trade secrets and commercial litigation matters. Tom was part of a Team that secured a significant ruling ultimately leading to a great result for its telecom client. Commonwealth of Kentucky, Commercial Mobile Radio Service Emergency Telecommunications Board v. TracFone Wireless, Inc., 735 F.Supp.2d 713 (W.D.KY 2010). Tom was part of a team that secured summary judgment on substantial Lanham Act counterclaims. Caudill Seed and Warehouse Co., Inc. v. Jarrow Formulas, Inc., 161 F.Supp.3d 513 (W.D.KY 2015). Tom was a part of a Team that secured multiple favorable rulings in federal court litigation, up and down the appellate level resulting in an excellent resolution for the client. SCA Hygiene Products, L.G. v. First Quality Baby Products, LLC, 250 F.Supp.3d 244 (W.D.KY 2017).
Tom’s clients include international clothing retailers, a national pizza franchiser, national radio and media companies, a casual furniture manufacturer and distributor, an international sports cover manufacturer, an international sports surface and turf manufacturer, a leading prepaid wireless provider, a national sporting goods retailer, agricultural seed growers, a health supplemental manufacturer, a personal hygiene products manufacturer and distributor, a regional high-end retirement community developer, and financial services companies.
Tom has substantial experience representing telecommunications sector entities in federal and state litigation as well as regulatory proceedings.
Tom also has substantial experience in federal court and state court mandated mediation proceedings.
Washington and Lee University School of Law, J.D., 1991
Washington and Lee University, B.A., 1988, magna cum laude
United States Supreme Court
Kentucky State Supreme Court
U.S. Court of Appeals Federal Circuit
U.S. Court of Appeals Fourth Circuit
U.S. Court of Appeals Sixth Circuit
U.S. Court of Appeals Seventh Circuit
U.S. Court of Appeals Tenth Circuit
U.S. District Court Western District of Kentucky
U.S. District Court Eastern District of Kentucky
U.S. District Court Southern District of Indiana
U.S. District Court Northern District of Indiana
Practice Group named among Top 10 Patent Litigation Firms in the United States by Managing Intellectual Property
Chambers USA, Intellectual Property, 2008-2022
The Best Lawyers in America®
Litigation – Intellectual Property, 2016-2023; Louisville Litigation – Intellectual Property “Lawyer of the Year,” 2021
Commercial Litigation, 2023
Trade Secrets Law, 2023
Selected for inclusion in Kentucky Super Lawyers® 2007, 2010-2023
Benchmark Litigation® mentioned in Kentucky, 2011
AV® Rated, Martindale-Hubbell®
American Bar Association
Kentucky Bar Association
Louisville Bar Association
Federal Bar Association
Intellectual Property Owners Association (Former)
Kentucky Registry of Election Finance, Chairman, 2020-present; Member 2016-present
Louisville Zoo Foundation, Board of Trustees, Member, 2005-2009
Bellarmine University, Board of Overseers, Member, 2007-present; Chairman, 2015-present; Vice-Chairman, 2013-2015; Executive Committee, 2010-2019.
Kentucky Opera, President, 2011-2013; Board of Trustees, 2009-present
Fund for the Arts, Board of Directors, Member, 2011-2013
Louisville Zoo Society/Friends of The Louisville Zoo, Board of Directors, 1999-2009; President, 2005-2009; Vice President, 2003-2005
Leadership Kentucky, Class of 2008
Bingham Fellows, Class of 2017 (Leadership Louisville Center)
Leadership Louisville, Class of 2007 (Leadership Louisville Center)
Ignite Louisville, Class of 2005 (Leadership Louisville Center)
Building Futures Foundation, Founding Member, Board of Directors, 2005-2008
Washington and Lee University Alumni Association, Louisville Chapter, Board of Directors, 1998-present
Washington and Lee University Annual Fund, Class Agent, 1995-2007; 2008-present
Metro United Way, FBT Campaign Committee, 2007-2011
Fund For The Arts, Chair, FBT Campaign, 2007-2013
Boy Scouts of America, Lincoln Heritage Council Golden Eagle Campaign, 2006-2010
Client Relations Committee, former Member
Research and Development Committee, former Member
iMeD Committee, former Member
Technology Advisory Committee, former Member
FBT Gives (Louisville), former Chair.