Tom Melsheimer is the Managing Principal of the firm’s Dallas office, and head of the office’s trial practice. He has been described as “one of the most sought after trial lawyers in the country” by the publishers of The American Lawyer, and as a “game changing ringer” by another national legal publication.
Mr. Melsheimer tries lawsuits in state and federal courts, emphasizing intellectual property, business torts, and False Claims Act litigation. His trial experience is unusually broad and extensive. On the civil side, he has tried to verdict cases involving patent infringement, insider trading, antitrust, breach of fiduciary duty, fraud, and False Claims Act violations. On the criminal side, he has tried to verdict cases involving bank fraud, public corruption, copyright infringement and kidnapping. Mr. Melsheimer’s jury trials include successfully representing plaintiffs and defendants on both coasts and throughout Texas.
In 2013, Mr. Melsheimer was lead trial counsel for billionaire entrepreneur Mark Cuban in the widely publicized insider trading case brought by the Securities and Exchange Commission. The jury cleared Mr. Cuban of any wrongdoing following a three-week trial in Dallas federal court. Mr. Melsheimer has represented Mr. Cuban, the Dallas Mavericks, and other Cuban business interests since 2000.
In 2012, Mr. Melsheimer and co-counsel from the Texas Attorney General’s office helped the state win the largest Medicaid fraud settlement in Texas history. The $158 million payment followed claims of illegal marketing practices associated with the prescription drug Risperdal.
Mr. Melsheimer’s $178 million jury trial win on behalf of the plaintiff in IRCC v. NL Industries, et al., included nearly $150 million in punitive damages. The jury award in the breach of fiduciary duty case was named one of the Top Verdicts of 2009 by The National Law Journal (NLJ), in addition to being recognized as one of the year’s three largest verdicts in Texas and the year’s largest verdict in Dallas County. On four previous occasions, Mr. Melsheimer’s cases have been recognized by the NLJ among the nation’s top cases in 1998, 2005, 2006 and 2007.
Mr. Melsheimer and his wife Miki, a playwright and director, have been married more than 30 years, and they have three children.
Ceats, Inc. v. Continental Airlines, et al. (E.D. Tex.) – Lead trial counsel for defendants in patent infringement case related to online ticketing. Jury returned verdict of invalidity on all claims, thus avoiding alleged past and future damages of nearly $300 million.
SEC v. Mark Cuban, (N.D. Tex) – Lead trial counsel for Mark Cuban in insider trading case. After a three week trial, the jury returned a verdict for Mr. Cuban, clearing him of any wrongdoing.
Halo Electronics Inc. v. Bel Fuse Inc., et al. (D. Nev.) - Lead counsel for Halo Electronics, a family-run business, in a long-running patent case related to packaging for surface mount magnetic components used in electronics products. In November 2012, a jury found defendant Pulse Electronics liable for willful infringement on three Halo patents, confirmed the patents’ validity, and awarded past damages. At that time, five other competitors had licensed the Halo patent portfolio.
Martin v. NL Industries, Inc., et al. (Texas State Court) Lead counsel for Martin, one of three minority shareholders in breach of fiduciary duty and stockholder oppression case. Jury returned verdict for $179 million, which included in excess of $100 million in punitive damages.
Fresenius Medical Care Holdings, Inc. v. Baxter International, Inc. (N.D. Cal.) – Co-lead trial counsel for Fresenius in a patent infringement case involving four patents relating to hemodialysis machines. Jury returned verdict for Fresenius invalidating all asserted claims on all patents. Baxter sought $87 million in damages and an injunction barring Fresenius from selling its “Fresenius 2008K” hemodialysis machine.
Rembrandt Vision Technologies, L.P. v. Ciba Vision Corporation et al. (E.D. Tex.) – Lead trial counsel for Rembrandt in a patent infringement case involving extended wear contact lenses. Obtained $41 million jury verdict.
State of Texas Ex Rel. Allen Jones v. Johnson & Johnson. (Texas State Court) – Lead trial counsel for Relator in Texas Medicaid Fraud Prevention Act case. Settled during trial for $158 million making it the largest Medicaid fraud settlement in Texas history by nearly a factor of two.
Deep Nines, Inc. v. McAfee, Inc. (E.D. Tex.) – Lead counsel for plaintiff Deep Nines on patent related to internet security; obtained jury verdict of $18 million for patentee, twice the damages sought.
Hillwood Investment Properties Ltd. V. Radical Mavericks Management LLC (Texas State Court) – Lead counsel for ownership of Dallas Mavericks basketball team in case alleging mismanagement and breach of fiduciary duty. Obtained summary dismissal of all claims.
Schroeder v. Wildenthal, et al. (N.D. Tex.) – Lead counsel for a former Managing Partner of Akin Gump law firm in case alleging claims of conspiracy and breach of fiduciary duty. Obtained dismissal of all claims.
American Airlines, Inc. v. Sabre, Inc. (AAA) – Lead counsel for Sabre in arbitration involving alleged overcharge of $34 million in connection with data processing for airline reservation system. Panel of arbitrators, chaired by Justice Deborah Hankinson, issued take nothing judgment for Sabre.
In re 9/11 Terrorist Attacks (S.D. N.Y.) – Lead trial counsel for Al Rajhi family members in multi-district litigation in largest wrongful death case ever brought in the United States. Obtained dismissal of all claims.
Chevron Phillips Chemical Company v. INEOS Group, Ltd. (Texas State Court) – Obtained temporary injunction against world’s third largest chemical company in Texas state court, to prevent use and disclosure of trade secrets involving high density polyethylene manufacturing technology. Suit arose from defendant’s licensing of confidential polyethylene technology to various manufacturers in other countries, in contravention of licensing agreements. Injunction was affirmed on appeal by the Houston Court of Appeals. The case settled before trial, but after the successful appeal.
Alcatel-Lucent Inc. v. Microsoft Corporation (S.D. Cal.) – Trial counsel for Microsoft in a series of patent cases involving MP3, video compression, and other software technology. Obtained reversal in post-trial motion practice and appeal of what was then the largest patent jury verdict in history.
DataTreasury Corporation v. Bank of America Corporation and Bank of America, National Association (E.D. Tex.) – Lead trial counsel for Bank of America in a $1 billion patent case involving check imaging. Settled during trial.
Texas Instruments v. Rajendra Talluri (Texas State Court) – Lead trial counsel for Texas Instruments in an inevitable disclosure/theft of trade secrets case. Obtained injunction for employer to prevent the inevitable disclosure of TI’s valuable trade secrets.
EPG, Inc. v. Carreker, Inc. (D. N.J.) – Lead trial counsel for Carreker in defense of trade secret case; case settled after favorable trial verdict of no misappropriation of trade secrets.
Accolade Systems LLC v. Citrix Systems, Inc. (E.D. Texas) – Lead counsel for Citrix in a patent infringement case. Obtained dismissal of all claims on eve of trial.
Carreker Corporation v. Jack Cannon, et al. (Texas State Court) – Lead trial counsel for plaintiff Carreker in an inevitable disclosure and misappropriation of trade secrets case involving a former senior principal. Obtained an injunction against employee under inevitable and actual disclosure theories.
Texas Instruments v. Gary Johnson (Texas State Court) – Lead trial counsel for Texas Instruments in inevitable disclosure of trade secrets case leading to one of the first such injunctions issued by a Texas court.
Radman v. Weil Gotshal, et al. (Texas State Court) – Lead counsel for plaintiff in legal malpractice and breach of fiduciary duty case. Obtained multi-million dollar settlement prior to trial.
Universal Image, Inc. v. Cuban, et al. (Texas State Court) – Lead counsel in $1 billion contract and fraud case; obtained dismissal of all claims prior to trial.
Taco Bell Corp. v. John R. W. Cracken, et al. (N.D. Tex.) – Lead counsel in professional liability case on behalf of prominent attorney. Obtained dismissal of all claims.
United States v. Lipscomb (N.D. Tex.) – Co-lead counsel for defendant in public corruption case against prominent city councilman and civil rights leader; home confinement obtained after trial; conviction reversed on appeal and case dismissed by government.
BancTec USA, Inc. F/K/A Monitronics, Inc. v. Advanced Financial Solutions, Inc. et al. (N.D. Tex.) – Trial counsel for Advanced Financial Solutions in the U.S. District Court for the Northern District of Texas. Won judgment against BancTec in a countersuit for tortious interference with contract.
DSC Communications Corporation v. DGI Technologies, Inc. (N.D. Tex.) – Trial counsel for DSC in trade secrets case against competitor that induced DSC customers to disclose technology in breach of secrecy agreements involving Class IV tandem switch technology. Won $10 million dollar judgment for DSC and developmental injunction and defeated antitrust counterclaims.
United States of America, ex rel John D. Battaglia v. Texas Data Control, et al. (N.D. Tex.) – Trial counsel for Texas Data Control in qui tam case alleging overbillings in violation of the federal False Claims Act. Defense verdict plus $15 million recovery on claim of under-payment.
United States v. Faulkner, et al. (N.D. Tex.) Trial counsel for the government in prosecution of bankers and developers in so-called I-30 condo case which was largest bank fraud prosecution in Texas history. Obtained conviction of all defendants including RICO forfeiture.
January 2, 2015
Tom Melsheimer and Mark Cuban Published in Washington Post's Opinion Page
December 3, 2014
Fish & Richardson Principal Thomas Melsheimer Named “Securities MVP” for 2014 by Law360
November 25, 2014
Fish & Richardson's Tom Melsheimer Named Law360 "MVP of the Year" for Securities
November 1, 2014
Litigation Lessons Learned from the Mark Cuban Trial
October 9, 2014
Texas Vascular Associates Cleared of Fraud Allegations by Dallas Jury
September 17, 2014
Fish & Richardson Announces 42 Attorneys Included in The Best Lawyers in America® 2015
September 10, 2014
Mark Cuban GC Says Managing Trial Team Key To SEC Win
August 22, 2014
Fish & Richardson Wins Dallas Appeals Court Ruling that Upholds Mark Cuban Court Victory in Perot Jr. Lawsuit
July 8, 2014
Fish Announces 39 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
July 1, 2014
Fish Named to IAM Patent 1000 for National Patent Prosecution and Litigation Practices
June 30, 2014
Tom Melsheimer of Fish & Richardson Named 2014 Dallas Bar Association Trial Lawyer of the Year
June 19, 2014
Fish Named Texas Powerhouse by Law360