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Background

Thad Kodish is Managing Principal of Fish & Richardson’s Atlanta Office.  In addition, Mr. Kodish is a patent trial lawyer and leads cases in venues across the United States, including the Eastern District of Texas, the Northern District of California, and the Northern District of Georgia.  An experienced courtroom lawyer, Mr. Kodish has first-chaired for some of the firm’s largest clients, including at Markman and at the Federal Circuit Court of Appeals, and is otherwise on the front lines of his cases.

Mr. Kodish argued successfully as first chair for Samsung Electronics in Synchrome LLC v. Samsung Electronics America, Inc. et al., which led to the plaintiff’s later stipulation of non-infringement and favorable settlement.  His hands-on approach includes a deep understanding of his clients’ business, and business objectives, allowing him to quickly provide clients with targeted guidance on vital issues and opportunities that arise during the course of patent litigation.

His cases span a wide range of electrical, computer software, chemical and mechanical technologies, microprocessors, Ethernet and wireless network communications, operating system software, product activation software, telecommunications systems, computer storage devices, point-of-sale software and hardware, computer-aided design, wearable software and hardware, as well as textile and laminate flooring technologies.

As a result of his many longstanding client relationships, Mr. Kodish routinely provides counsel and guidance at all stages of a legal dispute.  Thus, clients frequently consult with him even before a lawsuit is filed to work on sensitive and highly confidential pre-suit matters, including offensive and defensive strategies for litigation avoidance.

Along the litigation continuum, Mr. Kodish has briefed and argued appeals for clients on issues that include claim construction, infringement, validity, and patent office practice.  Mr. Kodish argued successfully on appeal in Shaw Industries Group Inc. v. Automated Creel Systems Inc., leading to a decision limiting the scope of estoppel stemming from IPR proceedings, that Law 360 hailed as one of the “Top Patent Cases of 2016.” Many commentators predict that this decision will have far-ranging effects for years to come.

Since the 2011 enactment of the Leahy-Smith America Invents Act (AIA), Mr. Kodish has broadened his practice to integrate strategies that incorporate post-grant proceedings, including inter partes review (IPR). He has successfully litigated IPRs for both the patent owner and the patent challenger, in diverse fields ranging from computer software to manufacturing.

In addition to his patent litigation practice, Mr. Kodish has extensive involvement at the Emory School of Law. Mr. Kodish was the Adjunct Professor of Law teaching the course on Patent Litigation in the 2016 spring semester.  Mr. Kodish has also been a member of the Law School Alumni Board for nearly ten years, including his two-year term as Alumni Board and Alumni Association President (2013-2015)

Prior to joining Fish, he was a chemical engineer at Pratt & Whitney Aircraft responsible for chemical technologies for jet engines.

Education

J.D., Emory University School of Law 2000
Notes and Comments Editor, Emory Law Journal


B.S., University of Michigan 1996
Chemical Engineering
cum laude

Admissions

  • U.S. Patent and Trademark Office 2003
  • Georgia 2000
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Eastern District of Texas

Memberships & Affiliations

​Adjunct Professor, Emory School of Law, teaching Patent Litigation (2016)
President, Emory Law Alumni Association & Emory Law Alumni Board (2013-2015)
Board of Directors, Conexx (f/k/a American-Israel Chamber of Commerce, SE Region)(2013-2015)
Member, Atlanta IP Inn of Court
Member, State Bar of Georgia
Office Pro Bono Principal (2008-2011)

Other Distinctions

Accolades

  • Recognized as a 2013-2016 “IP Star” by Managing Intellectual Property
  • Received the Emory Law Young Alumni Award in 2015
  • Selected by his peers to the Super Lawyers list for IP Litigation in 2014 and 2015
  • Recognized as a Georgia Top 40 under 40 attorney “On the Rise” by the Daily Report in 2013
  • Selected by his peers as a Super Lawyers “Rising Star” every year from 2007 – 2013 for IP litigation
  • Named a leader in IP law by Chambers USA every year since 2011

Publications

Mr. Kodish has also been featured in several issues of Emory Lawyer Magazine as the Law School Alumni Board President. (Fall 2013 p. 26-27, Summer 2014 p. 18, Winter 2015 p. 25)

Speaking Engagements

Panelist on the importance of diversity at law firms at GAPABA (The Georgia Asian Pacific American Bar Association) April 2016 meeting.

“Making Sense of Inter Partes Review Proceedings,” Cantor Fitzgerald’s Inaugural Healthcare Conference, Keynote Speaker (July 8, 2015).

Columbia Insurance Company 4th Annual IP Conference, Speaker (June 4, 2015).

“Post-Grant Patent Practice and Legislative Developments,” Korean Intellectual Property Protection Association Lecture, Speaker (March 9, 2014).

“Patent Litigation and Legislative Developments,” Seoul National University Law School Lecture, Speaker (March 7, 2014).

“Joint Infringement – Recent Updates and Practical Impact,” Association of Corporate Patent Counsel 2014 Winter Meeting, Speaker (January 26, 2014).

“Hot Topics in Intellectual Property,” Daily Report’s In-House Counsel CLE Seminar, Speaker (July 25, 2013).

“Claim Construction Re-Set,” 24th Annual All Hands Meeting, Speaker (December 6, 2012).

“Indirect and Divided Infringement in the Wake of CAFC’s Akami and McKesson Rulings,” Emory Law Alumni Intellectual Property Society, Moderator (November 15, 2012).

“Understanding New Proceeding for Patent Review,” Litigation Patent Disputes Conference, Moderator (November 14, 2012).

“Valuation of Intellectual Property from an Enforcement Perspective,” What Israel Companies Really Need to Know About IP Protection and Enforcement in the U.S., Speaker (January 2, 2011).

Experience

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What's trending with Thad

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May 19, 2015
Fish & Richardson Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices from Chambers USA 2015
Press Releases
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June 8, 2016
Fish Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2016
Press Releases
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June 2, 2016
Fish & Richardson Announces 37 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
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July 8, 2014
Fish Announces 39 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
Press Releases
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June 11, 2014
Fish Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices from Chambers USA 2014
Press Releases
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March 1, 2014
Fish's Thad Kodish Talks to Emory School of Law About Diversity at Law School and at Law Firms
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February 7, 2014
Fish & Richardson Announces 17 Attorneys Selected for 2014 Chambers USA
Articles
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June 11, 2013
Fish & Richardson Receives Top 2013 “Band 1” Rankings from Chambers USA in Intellectual Property and International Trade
Press Releases
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May 15, 2013
Forty Fish & Richardson Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
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April 15, 2013
Fish's Thad Kodish Interviewed by the Fulton County Daily Report on the Issue of Lateral Hiring
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June 7, 2012
Fish Receives Top 2012 “Band 1” Rankings from Chambers USA in Intellectual Property and International Trade
Press Releases
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July 5, 2011
Fish & Richardson Receives Top 2011 “Band 1” Rankings from Chambers USA in Intellectual Property and International Trade
Press Releases
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