Overview

Thad Kodish is a noted leader in the courtroom representing clients in high-conflict cases in courtrooms across the U.S. He is a first-chair trial lawyer of choice in numerous cases for some of the firm’s largest clients, including at Markman hearings and the U.S. Court of Appeals for the Federal Circuit.

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

He and his fellow Fish & Richardson principal, Christopher Green, tried and won the first patent jury verdict in the U.S. District Court for the Middle District of Georgia since 2001. The trial team delivered a resounding victory, winning on all counts for the Velcro Companies in this contentious patent infringement case. His 2016 Federal Circuit win for Shaw Industries concerning the scope of IPR estoppel was hailed by Law360 as one of the "Top AIA-Related Decisions of 2016" and the "Top Patent Cases of 2016." Whether arguing before the USPTO, the Patent Trial and Appeal Board, the ITC, or in federal court, 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.

His cases span a wide range of electrical, computer software, chemical, and mechanical technologies, including 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, and textile and laminate flooring.

Thad maintains longstanding relationships with his clients, serving as a trusted adviser and advocate through all stages of legal disputes. His clients frequently consult with him before a lawsuit is filed to work on sensitive and highly confidential pre-suit matters, including offensive and defensive strategies for litigation avoidance.

When handling cases, Thad devises strategies that incorporate post-grant proceedings, including inter partes review. He has successfully litigated IPRs for both patent owners and petitioners in diverse fields ranging from computer software to manufacturing.

In addition to his active patent litigation practice, Thad serves as the managing principal of Fish's Atlanta office and has taught a course on patent law at the Emory University School of Law. He also has been a member of the law school alumni board for nearly ten years, including a two-year term as alumni board and alumni association president (2013-2015).

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).

Before joining Fish, 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. 2019-22) (Lew, J.): 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.

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.

Berall v. Verathon, Inc., 2:21-cv-00944 (W.D. Wash. 2020-2021): Took over defense of longstanding case for Verathon concerning laryngoscope technologies. Obtained an order granting Verathon’s opposed motion to transfer from SDNY to W.D. Wash.

SIPCO, LLC v. Inovonics, Inc., 1:20-cv-1867 (D. Colo. 2020-21): Lead counsel for Inovonics defending against patent infringement allegations concerning wireless networking technologies.

Yamaha Golf-Car Company v. Club Car, LLC, (Federal Circuit 2019): Lead counsel for Yamaha in appeal of PTAB decisions concerning GPS monitoring and control of golf carts.

Club Car, LLC v. Yamaha Golf-Car Company, (S.D. Ga. 2017) (Hall, J.): Lead trial counsel for Yamaha in patent infringement suit concerning GPS monitoring and control of golf carts.

SAS Institute Inc. v. World Programming Limited, et al., (E.D. Tex. 2018) (Gilstrap, J.): Lead trial counsel for Shaw Industries Group, Inc. in software copyright infringement suit concerning business metrics monitoring software.

Adv. Qualcomm Inc. (S.D. Cal. 2017-2019) (Bencivengo, J.): Counsel for large electronics manufacturer in a patent dispute involving mobile devices and touchscreen technologies.

YKK Corporation et al v. Velcro Companies USA Inc. (M.D. Ga. 2013-2017) (Abrams, J.): Counsel for Velcro Companies in patent dispute regarding VELCRO® Brand fasteners and hooks for the transportation market in which Fish obtained a complete non-infringement jury verdict. Read more about this case in the news.

Automated Creel Systems, Inc. v. Shaw Industries Group, Inc. (N.D. Ga. 2018) (Ray, II, J.): Lead trial counsel for Shaw Industries in a patent dispute involving creeling equipment.

Big Baboon Inc. v. Intel Corp. et al. (C.D. Cal. 2010-17) (Wilson, J.) Lead counsel for Intel in patent dispute regarding computer software and database technologies; Obtained a dismissal with prejudice following successful reexaminations cancelling all asserted patent claims.

SAS Institute Inc. v. World Programming Limited et al. (E.D. Tex. 2018) (Gilstrap, J.): Lead counsel for defendant, Shaw Industries Group, Inc. in a copyright and patent dispute concerning business analytics software.

Certain Digital Cable and Satellite Products, Set-Top Boxes, Gateways, and Components Thereof (ITC 2017) (McNamara, ALJ): Counsel for Respondent, ARRIS, in ITC investigation involving set-top box and network gateway devices.

TiVo, Inc. v. Samsung Electronics America, Inc. et al (E.D. Tex. 2015-17) (Gilstrap, J.): Counsel for Samsung in patent dispute regarding set-top box technologies.

Uniloc USA Inc., et al. v. McKesson Corp., et al. (E.D. Tex. 2016) (Schroeder, J.): Lead counsel for McKesson in patent dispute regarding computer software technologies.

Freeny, et al. v. Fitbit, Inc. (E.D. Tex. 2016) (Judge Gilstrap) Lead counsel for Fitbit in patent dispute regarding wireless technology aspects of wearables.

Fujinomaki v. Google Inc., et al. (N.D. Cal. 2015-16) Counsel for Samsung in case concerning wearable technologies. Following the successful invalidation of the plaintiff’s patent in IPR proceeding, obtained dismissal with prejudice and cost award.

Shaw Industries Group Inc. v. Automated Creel Systems Inc. (Fed. Cir. 2016) Counsel for Shaw Industries arguing successfully on several issues regarding invalidity and PTAB procedure.

Olivistar, LLC v. Samsung Electronics America, Inc. (E.D. Tex. 2014) (Judge Gilstrap) Counsel for Samsung in patent dispute regarding computer networking technologies.

Presqriber, LLC v. McKesson Corporation (E.D. Tex. 2014) (Judge Mitchell) Lead counsel for McKesson in patent dispute regarding electronic prescribing technologies.

Ingeniador, LLC v. McKesson Corporation (E.D. Tex. 2013) (Judge Gilstrap) Lead counsel for McKesson in patent dispute regarding digital health technology.

Clark Equipment Company v. Corriher (N.D. Ga. 2012-13) (Story, J.): Counsel for Clark Equipment Co. in trademark dispute alleging improper use of Clark’s BOBCAT trademarks.

Automated Creel Systems, Inc. v. Shaw Industries Group, Inc. (N.D. Ga. 2012) (Story, J.) Counsel for Shaw Industries in a patent dispute involving creeling equipment. Obtained dismissal without prejudice for Shaw based on Plaintiff’s lack of standing.

U.S. Ethernet Innovations, LLC v. Acer, Inc., et al. (N.D. Cal. 2011-14) Counsel for Intel Corp.; Team obtained Summary Judgment rulings of non-infringement and invalidity, affirmed on appeal, and costs awarded.

Synchrome Technology, Inc. v. Samsung Electronics America, et al. (N.D. Ga. 2009-2014)(Jones, J.): Counsel for Samsung in patent infringement action concerning disk drive technology.

HTTP Hypothermia Therapy, LTD. v. Kimberly-Clark Corporation, et al. (Fulton County Superior Court) (2012-2013) Testifying expert for Kimberly-Clark on patent law issues.

SIPCO, LLC v. Control4 Corp., et. al. (N.D. Ga. 2010-2012) (Chief Judge Carnes) Represented Digi International, Inc. in dispute involving wireless networking technologies.

Lutron Electronics Co. Inc. v. Pass and Seymour Inc., et al. (C.D. Cal. 2011-12) Represented Pass & Seymour in patent infringement case regarding electrical dimmer switch technology.

Greenlight Technologies LLC v. Anigmo LLC (dba Anigmo), et al. (2010-2011) Represented Pass & Seymour in patent infringement matter concerning electrical dimmer switch circuitry.

Akzenta Profile et al. v. Shaw Industries Group, Inc., et. al. (E.D. Tex. 2010-2012) (Ward, J.): Represented Shaw Industries in dispute involving laminate flooring technologies.

SIPCO, LLC, v. Johnson Controls, Inc., et. al. (E.D. Tex. 2009-2011) (Davis, J.): Represented Johnson Controls, Inc. in dispute involving wireless networking technologies.

Mesh Comm LLC v. Landis+Gyr, Inc. and Oncor Electric Delivery Company LLC (E.D. Tex. 2009-2010) (Ward, J.): Represented defendants Landis+Gyr and Oncor in dispute involving networking technologies.

Shaw Industries Group, Inc. v. Interface, Inc. (N.D. Ga. 2005-2009) (Murphy, J.): Represented Shaw Industries in action for declaratory judgment of non-infringement and invalidity of carpet tile patent.

Shaw Industries Group, Inc. v. Interface, Inc. (N.D. Ga. 2007-2009) Represented Shaw Industries in action for false patent marking.

Toni & Guy, USA v. Nature Lab’s (N.D. Tex. 2008-2009) Represented Toni & Guy in action for trademark and trade dress infringement.

IP CO, LLC and SIPCO, LLC v. Cellnet Technology, Inc. and Hunt Technologies, et al. (N.D. Ga. 2007-2009) Represented Cellnet and Hunt in contract dispute and patent infringement matter concerning wireless mesh networking technology.

American Valve v. Asia Factory Direct, et al. (D. Nev. 2008) Obtained temporary restraining order and preliminary injunction in trademark dispute for American Valve.

Fulks v. Chaparral Boats, Inc., et al. (E.D. Tex. 2002-2004) and Fulks v. Crownline Boats (E.D. Tex. 2006-2007) Represented Chaparral and Crownline in patent infringement matters involving structural designs for power boats. Obtained complete win for client in obtaining a ruling unwinding the bankruptcy sale of the asserted patent to the plaintiff.

Milliken & Co. v. Shaw Industries Group, Inc., et al. (D.S.C. 2000-2002) Represented Shaw Industries in patent infringement action involving construction of carpet backing.

SuperGuide Corp. v. DIRECTV Enterprises, Inc., EchoStar Technologies, Inc., Thomson Consumer Electronics, Inc. v. Gemstar Development Corp. (W.D N.C. 2001) Represented EchoStar in complex patent infringement litigation involving three patents owned by SuperGuide, licensed to Gemstar in certain fields of use, and directed to various aspects of interactive program guides (IPG) software and systems used in Satellite television services.

Testimonials

"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

  • Adjunct Professor, Emory School of Law, teaching Patent Litigation (2016)
  • President, Emory Law Alumni Association (2013-2015)
  • Emory Law Alumni Board (2006-2016)