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Biography

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.

Other Info About Tom

Education

Law School

Washington and Lee University School of Law, J.D., 1991

Undergraduate School

Washington and Lee University, B.A., 1988, magna cum laude

Bar Memberships

Tom is licensed to practice in the following state(s):

Kentucky, 1994

Courts

Tom is admitted to practice before the following court(s):

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

Recognition

Local & National Recognition

Practice Group named among Top 10 Patent Litigation Firms in the United States by Managing Intellectual Property

Chambers USA, Intellectual Property, 2008-2021

The Best Lawyers in America®, Litigation – Intellectual Property, 2016-2022; Litigation – Intellectual Property “Lawyer of the Year,” 2021

Selected for inclusion in Kentucky Super Lawyers® 2007, 2010-2022

Benchmark Litigation® mentioned in Kentucky, 2011

AV® Rated, Martindale-Hubbell®

Professional Affiliations

Professional Affiliations & Memberships

American Bar Association

Kentucky Bar Association

Louisville Bar Association

Federal Bar Association

Intellectual Property Owners Association (Former)

Civic Activities

Civic & Charitable Organizations

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

Firm Committees

Tom serves or has served in the following leadership role(s) at Frost Brown Todd:

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.

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