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Dirk D. Thomas

Washington, DC Office
Principal
Washington, DC Office

1999 K Street, NW
Suite 600
Washington, DC 20006
TEL: 202.370.8302 FAX: 202.370.8344
dthomas@mckoolsmith.com

Dirk Thomas is the Managing Principal of McKool Smith’s Washington, DC office.  Prior to joining McKool Smith, he was co-chair of Dewey & LeBoeuf’s Intellectual Property Litigation Group.  Mr. Thomas’ practice focuses on intellectual property litigation, with an emphasis on cases involving computer hardware and software, semiconductor products and manufacturing methods, telephony and wireless communications systems, medical devices and procedures, refinery products and methods, and manufacturing technologies.  Mr. Thomas also has experience with ANDA litigation.

Mr. Thomas has first-chaired numerous jury patent trials, and also first-chaired multiple full-evidentiary arbitration proceedings.  In addition to his impressive trial record, Mr. Thomas also represents clients in appellate matters before the Federal Circuit and has argued five matters before that Court, three of which resulted in commonly-cited precedential decisions.  Mr. Thomas most recently tried a matter for the firm’s client BTG at the International Trade Commission (ITC) against Samsung and other respondents on patents covering multi-level cell flash memory products.  Mr. Thomas also recently handled the liability portion of a litigation in the Eastern District of Texas against numerous chip manufacturers and end-user defendants on behalf of the firm’s client Wi-LAN Inc. on patents covering the 802.11 Wi-Fi standard and the use of wide-band OFDM in that standard.  Mr. Thomas also recently handled another ITC investigation on behalf of the firm’s client ChriMar Systems concerning patents relating to power over Ethernet systems. Certain of the litigated matters Mr. Thomas has led included multi-jurisdictional patent enforcement proceedings in domestic and foreign courts (including the EPO), and Mr. Thomas coordinated the efforts of the U.S. and foreign litigation teams in those matters.

Representative Matters

In addition to the matter noted above, and prior to joining McKool Smith in 2009, Mr. Thomas handled the following notable matters:

  • Medtronic, Inc. Cross Medical Products, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc.Lead counsel against Cross Medical, a subsidiary of Biomet, Inc., in a patent infringement case where Biomet asserted four patents and Medtronic asserted two patents against multiple products. Obtained summary judgment rulings invalidating three of the Biomet patents and summary judgment rulings that both Medtronic patents were infringed and not invalid. Argued against the adverse judgment on the remaining Biomet patent to the Court of Appeals for the Federal Circuit and the court reversed the district court’s grant of summary judgment on infringement and validity.
  • Tulip Computers. Lead trial counsel in a patent infringement case for Tulip Computers against Dell Computer Corp., resulting in a favorable settlement two days before going to the jury.
  • Patent Owner and Licensee. Lead trial counsel for patent owner and licensee in Sofamor Danek Group, Inc. and Karlin Technology v. U.S. Surgical Corp. and Tyco, Int’l, Inc. The patents covered inventions made by Dr. Gary Michelson. After obtaining a jury verdict of liability, the case settled during the damages phase of trial.

Professional & Community Activities

  • American Intellectual Property Law Association
  • Licensing Executives Society