Thomas J. Fisher: Lawyer with Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.

Thomas J. Fisher

Phone703-413-3000

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 5.0/5.0
AV® Preeminent

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Practice Areas

  • ITC Litigation
  • Opinions and Counseling
  • Litigation
 
Contact InfoTelephone: 703-413-3000
Facsimile: 703-413-2220
http://www.oblon.com/professional/thomas-j-fisher
 
University University of Pittsburgh, B.S., Electrical Engineering
 
Law SchoolGeorge Mason University School of Law, J.D.
 
Admitted1999, Virginia; Supreme Court of the United States; U.S. Court of Appeals for the Federal Circuit; U.S. Court of Appeals for the Fourth Circuit; U.S. Court of International Trade; U.S. District Court for the Eastern District of Virginia; Registered to practice before the U.S. Patent and Trademark Office
 
Biography

THOMAS J. FISHER practices in the firm's Litigation practice group, and is Chair of the ITC Litigation practice group. His primary focus is on litigating complex electrical, mechanical, and computer software patents in federal district courts, in § 337 proceedings before the International Trade Commission (ITC), and in appeals to the U.S. Court of Appeals for the Federal Circuit. Mr. Fisher has worked extensively with electrical and mechanical technologies such as software, encryption, GPS systems, micro-electro-mechanical systems (MEMS) technology, and medical devices.

A former electrical engineer, Mr. Fisher has more than 12 years of industry experience in electrical engineering, software, and information technology. As an engineer, he developed software solutions for business and government applications as well as modeling and simulation tools, analyst workstations, and real-time control systems including satellite ground systems and traffic control systems. He also owned and operated his own software consulting business, and has significant project management experience on large software development projects, as well as government contract procurement experience.

Mr. Fisher brings a unique combination of skills to his client representation. In addition to his litigation and technical background, he has practiced in the firm's Electrical and Mechanical Patent Prosecution and Post Grant practice groups in the areas of computer software, internet-related technologies, e-commerce technologies, digital communications, and telecommunications. Additionally, Mr. Fisher drafts opinions and counsels both domestic and foreign clients on patent portfolio development, licensing, litigation avoidance, risk management, and post-litigation tactics.

Mr. Fisher is a founder of, and actively contributes to the firm's legal blog devoted exclusively to Section 337 investigations before the ITC - the ITC 337 Law Blog. The site is the leading blog of its kind, and provides insights about the ITC's daily activity and significant decisions. He has lectured on U.S. patent law for the NDS Intellectual Property program at the Swiss Federal Institute of Technology in Zurich, and frequently lectures worldwide on patent litigation and ITC litigation practice.

Professional Affiliations

American Bar Association, Section of Intellectual Property Law

American Intellectual Property Law Association (AIPLA)

Federal Circuit Bar Association

IEEE Computer Society

Institute of Electrical and Electronics Engineers

ITC Trial Lawyers Association

Virginia State Bar, Intellectual Property Law Section

Experience

Representative Matters

Represents a domestic sporting goods technology company in multiple patent infringement actions in various district courts and the Federal Circuit concerning GPS-based golf rangefinders.

Represents a domestic food industry manufacturer in multiple patent infringement actions concerning aseptic bottling technology.

Represented a domestic sporting goods technology company in multiple patent infringement actions in various district courts and the Federal Circuit concerning GPS-based golf rangefinders. The cases were settled.

Represented a domestic jewelry marketing company in a patent infringement action concerning watches. The case was settled.

Represented a domestic printing services company in a copyright, DMCA, and Lanham Act action. The case was settled.

Represented an Asian microelectromechanical device manufacturer a § 337 proceeding before the ITC and Federal Circuit in an action concerning packages for silicone microphones.

Represented an Asian manufacturing company respondent in a § 337 proceeding before the ITC and Federal Circuit involving connectors used in pneumatic systems. The Federal Circuit affirmed the ITC's finding of no violation of § 337.

Represents a patentee in a declaratory judgment action involving implantable pacing systems for treatment of congestive heart failure before the district court, Federal Circuit, and Supreme Court.

Represented a domestic sporting goods manufacturer in a patent infringement action concerning protective equipment for lacrosse. The case was settled.

Represented an Asian manufacturing company defendant in a patent infringement action concerning ultrasonic flow meters. The Federal Circuit affirmed the district court holding that the patent was invalid as obvious on summary judgment.

Accolades

'IP Star', Managing IP Magazine- (2013)

Intellectual Asset Management (IAM) Patent 1000: The World's Leading Patent Practitioners, named to its list of the top 1000 patent attorneys in the world; recognized in the National - International Trade Commission (ITC) category for his ITC litigation work and in the Washington, D.C. Metro Area for his patent Litigation work (2012, 2013)

Martindale-Hubbell® AV® Preeminent™ 5.0 out of 5

Resources

News

Oblon Spivak Named to IAM Patent 1000 for National Patent Prosecution, ITC Litigation and Post-Grant Practices
Monday, August 5, 2013

Eleven Oblon Spivak Partners named "IP Stars" by Managing Intellectual Property's IP Handbook.
Saturday, June 15, 2013

Arthur Neustadt Quoted in Law360 Regarding Decision of U.S. Supreme Court to Hear Case on Burden of Proof
Friday, June 7, 2013

Federal Circuit Rules in Favor of SMC Corporation By Affirming ITC's Decision To Invalidate Competitor's Patent
Friday, November 16, 2012

Oblon Spivak's Arthur Neustadt Quoted in Law360 Regarding the Federal Circuit's Decision in Medtronic IP Case
Tuesday, September 18, 2012

IAM Patent 1000 Touts Oblon Spivak as Top Patent Firm; Partners Identified Across IP Spectrum as Leading Practitioners
Thursday, June 14, 2012

Federal Circuit Affirms Dismissal of Suit Against Oblon, Spivak Client SkyHawke Technologies
Thursday, June 9, 2011

ITC Rules in Favor of SMC Corporation By Invalidating Competitor's Patent
Tuesday, March 22, 2011

Oblon, Spivak's Thomas Fisher quoted in Inside Counsel on the Federal Circuit's Decision in Uniloc v. Microsoft
Tuesday, March 1, 2011

Court Dismisses Patent Infringement Case Against SkyHawke for Lack of Standing
Friday, July 31, 2009

Oblon, Spivak Forms Two New Practice Groups
Thursday, March 12, 2009

Oblon, Spivak Launches ITC 337 Law Blog
Wednesday, February 11, 2009

Federal Circuit Finds In Favor Of SMC Affirming Summary Judgment Of Obviousness
Monday, January 12, 2009

Publications

Recent Trends in NPE Litigation
Monday, July 30, 2012

An "Opposition" To The Recently Proposed Legislation Related To Business Method Patents
Tuesday, April 1, 2003

Events

Industrial Technology Research Institute's Conference on Patent Litigation and Trends on NPE
Tuesday, October 30, 2012 - Wednesday, October 31, 2012

Current Topics in United States Patent Litigation: NPEs, the AIA, the ITC and eDiscovery
Monday, October 29, 2012

2012 Japan Intellectual Property Association (JIPA) Conference
Friday, October 26, 2012

Current Topics in United States Patent Litigation: NPEs, the AIA, the ITC and eDiscovery
Thursday, October 25, 2012

2011 Japan Intellectual Property Association (JIPA) Seminar
Friday, November 4, 2011

US Patent Litigation Program
Wednesday, October 27, 2010

International Bar Association Annual Conference 2010
Sunday, October 3, 2010

ITC Litigation & Enforcement Forum
Wednesday, February 24, 2010

Current Trends in Intellectual Property Litigation
Monday, June 8, 2009

Current Trends in Intellectual Property Litigation
Monday, June 1, 2009

Current Trends in Intellectual Property Litigation
Wednesday, May 27, 2009

Presentations

Leahy-Smith America Invents Act
Tuesday, November 22, 2011

Blog

Did You Know... ITC Remedial Orders Can Be Modified Or Rescinded?
Tuesday, March 29, 2011

Under Commission Rule 210.76, any person who believes that "changed conditions of fact or law, or the public interest" require that an exclusion order, cease and desist order, or consent order be modified or set aside can petition the Commission for such relief. The petition must state the changes sought and the changed circumstances...

ITC Institutes Investigation (337-TA-717) Regarding Certain Digital Imaging Devices And Related Software
Friday, May 14, 2010

On May 13, 2010, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Digital Imaging Devices and Related Software (Inv. No. 337-TA-717).

 
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Did You Know...Satisfying The Domestic Industry Requirement With Licensing Now Requires Proof Of Articles Protected By The Patent?
Thomas J. Fisher,Lisa M. Mandrusiak, May 23, 2014
In Section 337 actions before the International Trade Commission (“the Commission”), the complainant must establish that a domestic industry for articles protected by the asserted patent(s) exists or is in the process of being established. 19 U.S.C. § 1337(a)(2). The domestic...


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Office Information

Thomas J. Fisher

1940 Duke Street
AlexandriaVA 22314




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