Thad Kodish is Managing Principal of Fish & Richardson’s Atlanta Office. In addition, Mr. Kodish is a patent trial lawyer and leads cases in venues across the United States, including the Eastern District of Texas, the Northern District of California, and the Northern District of Georgia. An experienced courtroom lawyer, Mr. Kodish has first-chaired for some of the firm’s largest clients, including at Markman and at the Federal Circuit Court of Appeals, and is otherwise on the front lines of his cases.
Recently, Mr. Kodish’s successful argument at the Federal Circuit in Shaw Industries Group Inc. v. Automated Creel Systems Inc., has been hailed by Law 360 as one of the “Top AIA-Related Decisions of 2016” and the “Top Patent Cases of 2016.” The holding in Shaw that limits the scope of estoppel stemming from IPR proceedings, has already been widely cited by the Federal Circuit and numerous Federal District Courts, and many commentators predict it will have far-ranging impact in patent litigation for years to come.
Mr. Kodish argued successfully as first chair for Samsung Electronics in Synchrome LLC v. Samsung Electronics America, Inc. et al., which led to the plaintiff’s later stipulation of non-infringement and favorable settlement. His hands-on approach includes a deep understanding of his clients’ business, and business objectives, allowing him to quickly provide clients with targeted guidance on vital issues and opportunities that arise during the course of patent litigation.
His cases span a wide range of electrical, computer software, chemical and mechanical technologies, 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, as well as textile and laminate flooring technologies.
As a result of his many longstanding client relationships, Mr. Kodish routinely provides counsel and guidance at all stages of a legal dispute. Thus, clients frequently consult with him even before a lawsuit is filed to work on sensitive and highly confidential pre-suit matters, including offensive and defensive strategies for litigation avoidance.
Since the 2011 enactment of the Leahy-Smith America Invents Act (AIA), Mr. Kodish has broadened his practice to integrate strategies that incorporate post-grant proceedings, including inter partes review (IPR). He has successfully litigated IPRs for both the patent owner and the patent challenger, in diverse fields ranging from computer software to manufacturing.
In addition to his patent litigation practice, Mr. Kodish has extensive involvement at the Emory School of Law. Mr. Kodish was the Adjunct Professor of Law teaching the course on Patent Litigation in the 2016 spring semester. Mr. Kodish has also been a member of the Law School Alumni Board for nearly ten years, including his two-year term as Alumni Board and Alumni Association President (2013-2015)
Prior to joining Fish, he was a chemical engineer at Pratt & Whitney Aircraft responsible for chemical technologies for jet engines.
Big Baboon Inc. v. Intel Corp. et al. (C.D. Cal. 2010-17) (Judge Wilson) 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.
TiVo, Inc. v. Samsung Electronics America, Inc. et al (E.D. Tex. 2015-17) (Judge Gilstrap) 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) (Judge Schroeder) 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 successfully transferred from the Eastern District of Texas concerning wearable technologies.
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) Counsel for McKesson in patent dispute regarding electronic prescribing technologies.
Ingeniador, LLC v. McKesson Corporation (E.D. Tex. 2013)(Judge Gilstrap) Counsel for McKesson in patent dispute regarding digital health technology.
Clark Equipment Company v. Corriher (N.D. Ga. 2012-13)(Judge Story) 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)(Judge Story) Counsel for Shaw Industries in a patent dispute involving carpet manufacturing technologies.
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)(Judge Jones) 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) (Judge Ward) Represented Shaw Industries in dispute involving laminate flooring technologies.
SIPCO, LLC, v. Johnson Controls, Inc., et. al. (E.D. Tex. 2009-2011) (Judge Davis) 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) (Judge Ward) Represented defendants Landis+Gyr and Oncor in dispute involving networking technologies.
Shaw Industries Group, Inc. v. Interface, Inc. (N.D. Ga. 2005-2009) 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.
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.
March 29th, 2017 | 2:00 pm EDT
IPO Chat Channel: IPR Estoppel in District Court: How Wide?
June 8, 2016
Fish Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices in Chambers USA 2016
June 2, 2016
Fish & Richardson Announces 36 Attorneys Named “IP Stars” by Managing Intellectual Property Magazine
May 19, 2015
Fish & Richardson Receives Top “Band 1” National Rankings for Intellectual Property and ITC Practices from Chambers USA 2015
Korean Intellectual Property Protection Association (KIPRA) Lecture "Post-Grant Patent Practice and Legislative Developments"
Seoul National University Law School Lecture "U.S. Patent Litigation and Legislative Developments"
March 18th, 2015
Managing IP 8th Annual North America Awards Ceremony
June 4th, 2015 | 8:30 am EDT
Columbia Insurance Company 4th Annual IP Conference
August 23rd, 2012
US Jobs and Economy: The Israel Innovation Effect
January 27th, 2014
Association of Corporate Patent Counsel 2014 Winter Meeting
November 14th, 2012
Patent Disputes 2012: Damages
December 6th, 2012
24th Annual All Hands Meeting