Thomas P. O’Brien, III

In a diversified practice, Tom practices in the firm’s intellectual property and business litigation groups. Tom represents corporations, multi-nationals to local family owned, and entrepreneurs in a variety of areas including patent, trademark and copyright infringement suits, trade secret actions, complex commercial litigation matters, unfair competition and non-compete litigation. Tom was a member of the trial and appellate teams in a substantial patent infringement victory and judgment in excess of $31 million, in Minco, Inc. v. Combustion Engineering, Inc., 95 F.3d 1109, 40 U.S.P.Q. 2d 1001 (Fed. Cir. 1996), a Top 20 judgment at the time. Tom successfully represented a party before the U.S. Court of Appeals for the Sixth Circuit, upholding settlement terms in a patent infringement matter.  Info-Hold, Inc. v. Trusonic, Inc., 538 F.3d 448 (6th Cir. 2008).

More recently, Tom has led litigation teams in federal court proceedings relating to patent, trademark, and copyright infringement actions, as well as misappropriation of trade secrets and commercial litigation matters. Tom was part of a Team that secured a significant ruling ultimately leading to a great result for its telecom client. Commonwealth of Kentucky, Commercial Mobile Radio Service Emergency Telecommunications Board v. TracFone Wireless, Inc., 735 F.Supp.2d 713 (W.D.KY 2010). Tom was part of a team that secured summary judgment on substantial Lanham Act counterclaims. Caudill Seed and Warehouse Co., Inc. v. Jarrow Formulas, Inc., 161 F.Supp.3d 513 (W.D.KY 2015).  Tom was a part of a Team that secured multiple favorable rulings in federal court litigation, up and down the appellate level resulting in an excellent resolution for the client. SCA Hygiene Products, L.G. v. First Quality Baby Products, LLC, 250 F.Supp.3d 244 (W.D.KY 2017).

Tom’s clients include international clothing retailers, a national pizza franchiser, national radio and media companies, a casual furniture manufacturer and distributor, an international sports cover manufacturer, an international sports surface and turf manufacturer, a leading prepaid wireless provider, a national sporting goods retailer, agricultural seed growers, a health supplemental manufacturer, a personal hygiene products manufacturer and distributor, a regional high-end retirement community developer, and financial services companies.