Overview

Thad Kodish is a noted leader in the courtroom representing clients in high-conflict cases across the U.S. He is a first-chair trial lawyer and developer of intellectual property strategy for some of the firm’s largest clients.

Thad has served as the managing principal of Fish & Richardson's Atlanta office since 2011.

Over the years, Thad has delivered impressive wins for clients on summary judgment, at trial, and on appeal, as well as before the U.S. Patent and Trademark Office and the U.S. International Trade Commission.

His matters span a wide range of computer software, electrical, medical device, chemical, and mechanical technologies, including ENT medical devices, radiofrequency ablation, healthcare software, microprocessor design, ethernet and wireless network communications, security software, operating system software, chemical compound formulation, product activation software, telecommunications networking systems, computer storage devices, point-of-sale software and hardware, computer-aided design, wearable software and hardware, and textile and laminate flooring.

Most recently, Thad led a team through District Court litigation, Patent Office IPR proceedings, and Federal Circuit Court of Appeals proceedings for a complete victory for client, Tide International, USA. Thad’s team invalidated the plaintiff’s asserted patent claims before the PTO in inter partes review proceedings, which victory was thereafter affirmed by the Federal Circuit. UPL NA, Inc. v. Tide International (USA) Inc. (C.D. Cal. 2019-23) (adverse to Finnegan Henderson, Farabow, Garrett & Dunner, LLP).

He and his fellow Fish principal, Christopher Green, tried and won a patent jury verdict in the U.S. District Court for the Middle District of Georgia for the Velcro Companies in a contentious patent infringement case. His Federal Circuit win for Shaw Industries concerning the scope of IPR estoppel was hailed by Law360 as one of the "Top AIA-Related Decisions” and the "Top Patent Cases” of the year. Whether arguing before federal court judges and juries, the USPTO, or the ITC, time and time again, Thad’s well-reasoned arguments and trial strategy have won the day.

Thad takes a hands-on approach to his matters. He gains a deep understanding of his clients' business and their business objective, and then quickly provides them with targeted guidance on vital issues and opportunities that arise during litigation.

Thad is a devoted alumnus of the Emory University School of Law. He has taught the course on patent law, as well as presented for myriad law school classes. He was a member of the law school alumni board for nearly 10 years, including a two-year term as alumni board and alumni association president (2013-2015). Thad has also delivered two commencement addresses for the Emory Law graduating classes. Thad will begin his tenure as a member of the Emory University Alumni Board in the fall of 2023.

Thad has also championed numerous pro bono causes. He argued before the Georgia Supreme Court on a long-running habeas corpus petition, trial, and appeal. He has also obtained temporary protective orders for women subject to domestic abuse for the Safe Families Project through the Atlanta Volunteer Lawyers Foundation, for which AVLF named him its "Intimate Partner Abuse Volunteer Lawyer of the Year" (2022).

Prior to his legal career, Thad was a chemical engineer responsible for chemical technologies for jet engines at Pratt & Whitney Aircraft.

Experience

UPL NA, Inc. v. Tide International (USA) Inc. (C.D. Cal. 2019-23) (Lew, J.), (PTAB), (CAFC): Lead trial counsel for Tide in a patent dispute concerning agrochemical pesticide formulations. Obtained a stay of case proceedings following successful institution of inter partes review proceedings at the USPTO, followed by a 2022 PTAB Final Written Decision that Plaintiff’s asserted claims were all unpatentable.  The Federal Circuit Court of Appeals then affirmed the PTAB Decision, and all claims against Tide were dismissed with prejudice by the District Court. 

Berall v. Verathon, Inc., (W.D. Wash. 2020-23): Took over defense of longstanding medical device patent litigation for Verathon concerning otolaryngology and laryngoscope technologies. Obtained a settlement and case dismissal following the filing of numerous dispositive motions for Verathon.

Headwater Research LLC v. Samsung Electronics, Co., Ltd., et al. (E.D. Tex. 2022-23): Counsel for Samsung in two patent infringement cases concerning data and power saving software for wireless communication devices.

Communication Technologies, Inc. v. Samsung Electronics, Co., Ltd., et al., (E.D. Tex. 2021-23): Counsel for Samsung in District Court and PTAB post-grant proceedings concerning computer security software. Obtained instituted inter partes review and stay of District Court proceedings.

In the Matter of Certain Video Processing Devices, Components thereof, and Digital Smart Televisions Containing the Same, Inv. No. 337-TA-1222 (ITC 2020-21): Counsel for Respondent Samsung Electronics Co., Ltd. in ITC investigation defending against allegations concerning patents describing video processing technologies.

Lead counsel for a manufacturer of indoor LED and laser lights in a patent infringement case concerning lighting hardware and software technologies. Obtained dismissal with prejudice for failure to state a claim.

Lead counsel for a sports equipment manufacturer in a patent infringement case concerning football helmet design. Obtained the institution of a inter partes review proceedings before the PTAB and the invalidation of the plaintiff’s patent. 

Ward Participations B.V. v. Samsung Electronics Co., Ltd., et al. (W.D. Tex. 2021-23) (J. Albright): Counsel for Samsung in patent infringement case concerning security software for wireless communication devices. Team obtained institution of all three asserted patents before the Patent Trial & Appeal Board, and a stay of District Court proceedings.

Testimonials

"He's an outstanding patent litigator with very high-stakes litigation, and he does a very good job at protecting our company." — Client Testimonial, Thompson Reuters Stand-Out Lawyers List (2023)

"He is an excellent communicator and I trust him with high-dollar litigation." — Client Testimonial, Thompson Reuters Stand-Out Lawyers List (2023)

"He’s trustworthy and knowledgeable. We know we are getting the best advice possible when we reach out. He is a team lawyer with us." — Client Testimonial, Chambers and Partners (2019)

Professional associations

  • Atlanta IP Inn of Court, Member and Master of the Bench (2010-2022)
  • Adjunct Professor, Emory School of Law, teaching Patent Litigation (2016)
  • President, Emory Law Alumni Association (2013-2015)
  • Emory Law Alumni Board (2006-2016)