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Thomas
A.
Brown
Principal
617-521-7834
Thomas A. Brown is a Principal of Fish & Richardson. His practice emphasizes patent litigation and prosecution in the area of computer science. His previous experience includes Law Clerk for the Hon. Robert E. Keeton, United States District Court for the District of Massachusetts (2003-2004). Mr. Brown's other legal experience includes Summer Associate with Fish & Richardson P.C. (2002), Legal Intern with the Massachusetts Attorney General, Computer Crimes Division (2001), and Research Assistant for Professor Charles Nesson, Berkman Center for Internet and Society, Harvard Law School (2000-2001). His technical experience includes Sole Proprietor of Zipit (1993-present), and Software Design Engineer for Microsoft Corporation (1998-2000).
Admissions
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Massachusetts
2003
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United States Patent and Trademark Office
2003
- United States District Court for the District of Massachusetts
- United States District Court for the District of Colorado
- United States Court of Appeals for the First Circuit
Other Distinctions
Publications
“Failure to State a Claim: Twombly, Iqbal, and Rule 12 in Patent Cases,” Intellectual Property Litigation, Summer 2010.
"Ariad: Sea Change Or Tempest In A Teapot?," Law360, February 12, 2010.
"Democratizing the American Dream: The Role of a Regional Housing Legislature in the Production of Affordable Housing", 37, U. Mich. J.L. Reform 599 (2004).
Additional information
Selected to Super Lawyers Massachusetts Rising Stars 2009, 2010, and 2011.
Named an "Up and Coming Lawyer" by Massachusetts Lawyer's Weekly 2010.
On behalf of the firm, accepted Access to Justice Pro Bono Award for Law Firms, bestowed by the Massachusetts Bar Association in 2010.
Recipient of the Boston Business Journal's 2011 "40 Under 40" Award. Education
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BS,
Yale University
1998
Computer Science, Political Science
magna cum laude
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JD,
Harvard Law School
2003
cum laude
Journal of Law and Technology
Experience
Litigation examples
In the Matter of Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof - (I.T.C.) Successfully represented respondent in case involving artificial sweeteners in case before the International Trade Commission. ALJ’s finding of no violation affirmed by the Commission.
Insight Technology Incorporated v. Surefire, LLC - (D.N.H.) Represented plaintiff, manufacturer and owner of patents relating to tactical illuminators, in patent infringement lawsuit. Case settled shortly before trial after winning five strategic pretrial motions.
BAE Sys. Information & Elec. Sys. Integration Inc. v. Aeroflex Inc. et al. – (D. Del.) Represent plaintiff in trade secrets, patent infringement, and breach of contract case relating to military infrared countermeasures systems. Case pending.
Tarkus Imaging, Inc. v. Adobe Sys., Inc. et al. – (D. Del.) Represent Adobe in patent infringement case relating to digital image editing technology. Case pending.
Thermal Scalpel LLC v. Boston Scientific Corp. et al. (E.D. Tex.) Represented Boston Scientific in multi-defendant patent case involving cardiac and tumor ablation devices. Case settled.
Implicit Networks, Inc. v. Adobe Systems Inc. et al. (W.D. Wash.) Represented Adobe in multi-defendant patent case involving application server software. Case settled.
Achates Reference Publishing Inc. v. Microsoft Corp. - (E.D. Tex.) Represented Microsoft in patent infringement lawsuit relating to Microsoft Product Activation. Case settled.
FlexHead Industries, Inc. and PNM, Inc. v. The Viking Corp., Supply Network, Inc., Gateway Tubing, Inc., and Yong Won USA, Inc.; and FlexHead Industries, Inc. and PNM, Inc. v. EasyFlex, Inc., Victaulic Co., AF USA, LLC; and Midland Steel, Inc. - (D. Mass.) Represent plaintiffs in patent infringement lawsuit relating to fire protection sprinkler support systems. Case pending.
NetRatings, Inc. v. WebTrends, Inc. - (D. Or.) Defended patent infringement lawsuit relating to web analytics and page tagging. Case settled.
Ricoh Company, Ltd. v. Lite-On IT Corporation - (E.D. Tex.) Represented Lite-On IT in patent infringement case involving CD-RW drives. Case settled.
The Gillette Company, et al. v. Water Pik, et al. - (D. Col.) Represented Gillette in patent infringement case accusing Gillette of infringing patents relating to oral care devices. Case settled.
AllVoice Computing PLC. v. Nuance Communications, Inc. - (S.D. Tex.) Represented Nuance in patent infringement lawsuit involving computer speech recognition software. Case settled.
Mallory Ventures, Inc. v. Microsoft Corporation - (D. Mass.) Defend patent infringement lawsuit relating to online user authentication. Case settled.
NetRatings, Inc. v. Sane Solutions, LLC - (S.D.N.Y.) Defended patent infringement lawsuit relating to web analytics and page tagging. Case settled.
GE Homeland Protection, Inc. v. DSA Detection, LLC. - (D. Mass.) Represented defendants in trade secrets and patent litigation relating to consumables for trace detection instruments, such as ion mobility spectrometers. Case settled.
Pro bono representation
In Re Matter of Search Warrant Executed on March 30, 2009. Successfully represented Richard Calixte, a student at Boston College, before a Single Justice of the Massachusetts Supreme Judicial Court in a bid to quash a search warrant executed on his premises, on the ground that the warrant was invalid for lack of probable cause.
Massachusetts Bay Transportation Authority v. Anderson et al. - (D. Mass 2008) Successfully represented three M.I.T. students charged with violating the Computer Fraud and Abuse Act in connection with a security analysis they designed showing vulnerabilities in the Massachusetts Bay Transportation Authority's fare collection system. Court denied plaintiff’s request for preliminary injunction. Case subsequently settled.
Participate in the Northeast Housing Court (Mass.) lawyer-for-a-day program, representing low-income landlords and tenants in housing matters, for which Fish & Richardson was awarded the Access to Justice Pro Bono Award for Law Firms by the Massachusetts Bar Association in 2010.
Successfully represented two Armenian nationals in their application for asylum on the grounds of political persecution.
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