Site People

Thomas M. Melsheimer

Principal

Dallas

214-292-4001

Tom Melsheimer is the Managing Principal of the firm’s Dallas office, and head of the office’s trial practice. 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 of patent infringement, antitrust, breach of fiduciary duty, fraud, and False Claims Act violations. On the criminal side, he has tried to verdict cases of bank fraud, public corruption, copyright infringement and kidnapping. He has successfully tried cases to juries for plaintiffs and defendants on both coasts and throughout Texas.

His $178 million jury trial win on behalf of the plaintiff in IRCC v. NL Industries, et al. in a breach of fiduciary duty case that included nearly $150 million in punitive damages was named one of the National Law Journal’s Top Verdicts of 2009 and was one of the three largest verdicts in Texas in 2009 and the largest verdict in Dallas County that year. On four previous occasions, Mr. Melsheimer’s cases have been recognized by that publication as some of the most significant national cases of 1998, 2005, 2006, and 2007. In 2012, Mr. Melsheimer, as co-counsel with the Texas Attorney General’s office, helped the state obtain the largest Medicaid fraud settlement in Texas history, a $158 million payment arising out of claims of illegal marketing practices associated with the drug Risperdal.

For more than a dozen years, he has represented Mark Cuban in litigation involving the Dallas Mavericks and other Cuban business interests.

Mr. Melsheimer has been married 30 years this July to Miki, a theater director and writer, and they have three children.

Admissions

Texas 1986

Clerkships

The Honorable Homer Thornberry, United States Court of Appeals for the Fifth Circuit

Memberships and Affiliations

Fellow, International Academy of Trial Lawyers
Member, American Board of Trial Advocates

Other Distinctions

Media Coverage

Texas jury rejects $85 million suit over online-ticketing patent
Fish & Richardson successfully represented a group of airlines that were targeted in a patent infringement lawsuit over online ticket reservation systems. Dallas Managing Principal Tom Melsheimer led the defense team in securing the successful verdict, which earned international media coverage, including this article published in The Dallas Morning News.

J&J’s $158 Million Settlement With Texas Approved by Court
Fish & Richardson successfully represented whistleblower Allen Jones in his claims that Johnson & Johnson’s Janssen exaggerated the benefits of its antipsychotic drug Risperdal in order to dupe the Texas Medicaid Program. Following expert testimony elicited by Dallas Managing Principal Tom Melsheimer regarding Janssen’s concealment and manipulation of scientific data, the manufacturers agreed to a settlement that represents the largest Medicaid fraud recovery in Texas history. The record-breaking case was the subject of news coverage in The New York Times, Bloomberg, The Texas Tribune, and a variety of other U.S. and international media outlets.

Brash, Bold Tactics Define Mark Cuban’s Lawyer, Too published in The Dallas Morning News.

Publications

"Tom Melsheimer and Craig Smith: Scouts' tentative decision fails leadership challenge," The Dallas Morning News, April 25, 2013.

"Privacy laws evolving in new era of technology," Houston Chronicle, March 23, 2012.

"Trial's Over, But Issues Remain," Preston Hollow People newspaper, October 7, 2011.

"Businesses' Fear of U.S. Jury System Is Irrational," Houston Chronicle, July 30, 2011.

"Guest Column: Why 'Loser Pays' is a Loser," The Dallas Morning News, May 13, 2011.

"Melsheimer and Smith: Hybrid bill offers best blueprint for Texas judicial selection," The Dallas Morning News, March 14, 2011.

"Melsheimer & Smith: Cornyn uses politics as law enforcement roadblock in Texas," Statesman.com, June 4, 2010.

"Thomas Melsheimer: Pope's first step to restoring my faith," The Dallas Morning News, May 14, 2010.

"Smith and Melsheimer: We're all better for Merrill Hartman," The Dallas Morning News, October 25, 2010.

"Campaign contributions: Financing order in the court," originally appeared in The Fort Worth Star-Telegram, March 20, 2010.

"Trashing Supreme Court not appropriate for Obama," Houston Chronicle, March 2, 2010.

"Web-savvy Jurors Create New Problem for Courts," Houston Chronicle, June 21, 2009.

"Melsheimer and Smith: One crime but not the other?" The Dallas Morning News, December 5, 2008.

Education

BA, University of Notre Dame 1983
magna cum laude
JD, University of Texas at Austin School of Law 1986
magna cum laude, Order of Barristers
Texas Law Review, Chancellors
Teaching Quizmaster

Experience

Litigation examples

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.

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.

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.

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.

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.

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.

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.

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.