Thomas Southard

Tom is a commercial litigator focusing on high stakes patent, trademark, trade secret, and copyright matters, including appeals. He has successfully litigated and tried cases, either as lead or co-counsel, in federal district courts throughout the U.S. and before the U.S. International Trade Commission.

Companies and individuals have relied upon Tom to litigate electrical, medical, mechanical, and business method patents involving a wide range of technologies, including telecommunications and electronics, automotive parts, LED lighting and lighting controls, cardiac monitoring devices, synthetic flooring, and electronic gaming.

Tom also counsels clients on licensing and non-disclosure agreements, asset purchase agreements, and conveyances of IP rights.

Patent Litigation

• Bluebonnet Telecommunications, LLC v. Sonim Technologies, Inc. (E.D. Tex. 2014): Lead counsel for defendant Sonim Technologies in a patent case involving smartphone features. Succeeded in having all claims dismissed.
• Trovan, Ltd. v. Sokymat et al. (Fed. Cir. 2002): Represented patentee in appeal of district court decision involving inventorship of miniature transponder devices.
• Fulhorst v. Toyota Motor Corp. (E.D. Tex. 2001): Represented defendant Toyota Motor Corporation in case regarding alleged infringement of panic alarm system.

Section 337 Proceedings

• In re Certain Laminated Cardboard Products (U.S. Int’l Trade Comm’n 2013): Lead counsel for respondent Freixenet USA, Inc. in a Section 337 patent infringement action. Obtained a favorable ruling under the ITC’s pilot program for early determination.

• Author, “International Trade Commission Clarifies Section 337’s Domestic Industry Requirement for Patent Licensing Activities,” GC-Mid Atlantic, 2011.
• Author, “Federal Circuit Clarifies Waiver Scope in Patent Cases,” IP Frontline Magazine, 2006.
• Author “Who Owns Your ‘Future Business’: Seventh Circuit Limits Scope of NDA,” IP Frontline Magazine, 2006.