Thomas J. Fisher
Partner
Tel (703) 412-6046

Thomas J. Fisher

Partner

THOMAS (TOM) J. FISHER, a patent litigation attorney, is a partner and member of the firm's Litigation Management Team and Co-Chair of the ITC Litigation practice group. His focus is on litigating complex electrical, mechanical and computer software patents in federal district courts, in § 337 proceedings before the International Trade Commission (ITC), and in appeals to the U.S. Court of Appeals for the Federal Circuit. Mr. Fisher has worked extensively in the electrical and mechanical arts, including software, encryption, GPS systems, micro-electro-mechanical systems (MEMS) technology and medical devices.

A former electrical engineer, Mr. Fisher has more than 12 years of industry experience in electrical engineering, software, and information technology. As an engineer, he developed software solutions for business and government applications as well as modeling and simulation tools, analyst workstations, and real-time control systems including satellite ground systems and traffic control systems. He also owned and operated his own software consulting business, and has significant project management experience on large software development projects, as well as government contract procurement experience.

Mr. Fisher brings a unique combination of skills to his client representation. In addition to his litigation and technical expertise, he has practiced in the firm’s Electrical and Mechanical Patent Prosecution groups, drafting and prosecuting patent applications in the areas of computer software, Internet-related technologies, e-commerce technologies, digital communications, and telecommunications. In addition to his litigation practice Mr. Fisher also drafts opinions and counsels both domestic and foreign clients on patent portfolio development, licensing, litigation avoidance, risk management, and post-litigation tactics.

He was a founder of and actively contributes to the firm’s legal blog devoted exclusively to Section 337 investigations before the ITC – the ITC 337 Law Blog. The site is the leading blog of its kind and provides insights about the ITC’s daily activity and significant decisions. He has lectured on U.S. patent law for the NDS Intellectual Property program at the Swiss Federal Institute of Technology in Zurich, and lectures worldwide on ITC litigation practice.

 

Representative Matters

Represented SkyHawke Technologies in a patent infringement action brought by GPS Industries, Inc. concerning GPS-based golf rangefinders. The district court dismissed the case for lack of jurisdiction. The case is pending appeal to the Federal Circuit. GPSI et al. v. Altex et al., No. 3:07-cv-00831 (N.D. Tex.) (pending).

Represented SMC in a § 337 proceeding before the ITC involving connectors used in pneumatic systems. SMC prevailed at the ITC on non-infringement. The case is currently on remand after a decision by the Federal Circuit. In the Matter of Certain Connecting Devices for Use with Modular Compressed Air Conditioning Units, Including Filters, Regulators, and Lubricators (“FRLs”) That Are Part of Larger Pneumatic Systems and the FRL Units They Connect, Inv. No. 337-TA-587 (ITC) (pending).

Represented patent owner and licensor Mirowski Family Ventures, LLC in a declaratory judgment action brought by Medtronic alleging non-infringement and invalidity of Mirowski’s patent involving implantable pacing systems for treatment of congestive heart failure. The case is pending in the District of Delaware. Medtronic Inc. v. Boston Scientific Corp., et al., Civ. No. 07-823 (D. Del.) (pending).

Represented SMC in a patent infringement action brought by Tokyo Keiso concerning an ultrasonic flow meter. The district court held the patent invalid as obvious on summary judgment and the Federal Circuit affirmed the holding. Tokyo Keiso Co. v. SMC Corporation, 2009 U.S. App. LEXIS 302 (Fed. Cir. Jan. 9, 2009).

Did You Know … ITC Remedial Orders Can Be Modified Or Rescinded?
Tuesday, March 29, 2011

Under Commission Rule 210.76, any person who believes that “changed conditions of fact or law, or the public interest” require that an exclusion order, cease and desist order, or consent order be modified or set aside can petition the Commission for such relief.  The petition must state the changes sought and the changed circumstances...

ITC Institutes Investigation (337-TA-717) Regarding Certain Digital Imaging Devices And Related Software
Friday, May 14, 2010

On May 13, 2010, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Digital Imaging Devices and Related Software (Inv. No. 337-TA-717).

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