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“I use my experience of intellectual property litigation to defend my clients and help them succeed in their business endeavors.”
Practice Areas
Industries
Tom has over 40 years of experience in intellectual property litigation. He's handled everything from intellectual property disputes to general business conflicts, including fraud, breach of contract, tortious interference, trade secret misappropriation, breach of fiduciary duty, and shareholder derivative matters. Tom has tried cases in federal and state courts around the country.
Tom has a wealth of litigation experience in a variety of technology areas and has successfully tried cases relating to patents, trademarks, trade secrets and copyrights in state and federal courts throughout the country. He’s driven the firm's adoption of innovative technology in the courtroom and for delivery of client information.
Tom has been an Adjunct Professor at Wayne State Law School and a Visiting Scholar at the University of Michigan teach patent law fundamentals.
Tom has traveled to all 50 states and all 7 continents and loves all things tech. Tom enjoys watching the sunset over Lake Michigan in Northern Michigan and learning history.
Representative District Court/ITC Matters
Versata Software v. Ford Motor Company (E.D. Michigan and E.D. Texas): Brooks Kushman served as lead counsel for Ford in lawsuits involving over 30 alleged trade secrets, 16 patents, 5 copyrights and 3 breach of contract claims relating to complex enterprise software for product configuration. Versata originally sought over $1.4 Billion in damages from Ford. After more than 8 years of litigation in federal courts in Michigan and Texas, more than 20 IPRs/CBMRs, over 60 depositions, over 1000 docket entries including multiple rounds of claim construction, summary judgment and Daubert challenges, and a three-week jury trial, our team held Versata to just $3 in nominal damages. Case No. 2:15-cv-10628.
z4 v. Microsoft and Autodesk (Jury Trial – E.D. Texas): Represented z4 in a patent infringement case involving two patents relating to technology for reducing software piracy. Infringing products included Microsoft’s Windows and Office software, and Autodesk’s AutoCAD software. Brooks Kushman secured a $133 million jury verdict, and a $25 million enhanced damages award for z4. The Federal Circuit affirmed the jury verdict. Case No. 507 F.3d 1340
Cheetah Omni, LLC v. Verizon Services Corporation, et al. (Jury Trial – E.D. Texas): Represented Cheetah Omni in a patent infringement lawsuit concerning fiber optic switching technology. Secured a $5.4 million jury verdict. Case No. 6:11-cv-00160
Johns-Manville Corp. v. Guardian Industries Corp. (Judgment for plaintiff – E.D. Michigan): Represented plaintiff in a trade secret and patent infringement suit involving fiberglass manufacturing. 586 F.Supp. 1034, 221 USPQ 319
Hilgraeve Corporation v. Symantec Corporation (Settlement – E.D. Michigan): Counsel for plaintiff in a patent infringement action involving anti-virus software. Secured a $62.5 million settlement for our client on the eve of trial. Case No. 97-cv-40370
Cheetah Omni, LLC v. Alcatel-Lucent, et al. (Settlement – E.D Texas): Represented Cheetah Omni in a patent infringement case against the leading optical telecommunications companies. Cases resulted in favorable settlements for our client. Case No. 6:11CV390
Omni MedSci, Inc. v. Leica Microsystems, Inc. (Settlement – N.D. Illinois): Represented plaintiff in a patent infringement case relating to confocal microscope systems that use fiber light sources to perform spectroscopy. Case resulted in a favorable settlement. Case No. 1:17-cv-1977
Sutmyn v. Storage Technology Corp. (Summary Judgment – N.D. California): Represented defendant in a patent infringement matter involving virtual storage systems. Successfully defended against antitrust claims. Case Nos. C97-20105 RMW & C97-20629 RMW (consolidated)
Waner v. Ford Motor Co. (Jury Trial – U.S. District Court, South Dakota): Defended Ford Motor Co. on a patent infringement matter involving heavy-duty trucks. Case No. Civ. 98-5061-KES; 331 F.3d 851
Palmer v. Fox Software Inc. et al. (N.D. Ohio): Successfully defended breach of fiduciary duty claims. $22 million jury verdict reduced by remittitur to $13 million; reversed on appeal – no cause of action.
107 F.3d 415 (6th Cir. 1997); 1997 WL 67851 (Fed. Cir. 1997)
Expeditors International v. Vastera, Inc. (Jury Trial – E.D. Michigan): In a case watched closely by the customs industry (See Customs Brokerage Industry Narrowly Escapes Restructuring, Intellectual Property Litigation Reporter, October 4, 2004), Expeditors alleged Vastera had misappropriated over 325 trade secrets relating to the customs brokerage industry and sought $150 million in damages. Tom represented Vastera. The jury found for Vastera and the Court ordered Expeditors to pay over $400 thousand in fees to Vastera. Case No. 2:01-cv-71000
Education
J.D., University of Michigan
B.S., Computer Engineering, University of Michigan
Organizations & Affiliations
State Bar of Michigan, Computer Law Section, Past Chair; Patent and Trademark Office Committee
Visiting Scholar Univ Mich Ann Arbor
American Bar Association, Intellectual Property Law Section; Computer Applications User Group, Past Chair
Michigan Intellectual Property Law Association
Computer Law Association
Recognitions
“Notable Practitioner” IP Stars, Managing Intellectual Property, 2024
“Legal Lions of the Week”, Law 360, 2023
“Leading Lawyers,” Leading Lawyers Magazine, 2017-2019, 2025
Michigan Super Lawyers, Intellectual Property, 2007 – 2012, 2014 – 2018, 2020-2024
“Top Lawyer,” DBusiness Magazine, 2016, 2019-2021
Best Lawyers in America, 2017-2023
Industries
Presentations
Presenter, “Common Legal Issues Entrepreneurs Typically Face as they Start and Grow their Business,” Automation Alley Entrepreneur Law Seminar, October 2015
Co-Presenter, “IP: Trademark, Copyright & Patents,” Department of Electrical Engineering and Computer Science, University of Michigan (U of M), June 2013
Presenter, “Introduction of Problem and Use of Exhibits Beyond Paper Exhibits,” DRI`s Intellectual Property (IP) Litigation Seminar, May 2013
Publications
Co-Author, “Court Enters Final Judgement for $3 in Versata Software, Inc. v. Ford Motor Company,” Brooks Kushman Client Alerts, November 2023
Co-Author, “In The Aftermath Of TC Heartland Federal Circuit Explains The Venue Requirements In Patent Cases,” Brooks Kushman Client Alerts, March 2022
Co-Author, “Covered Business Method Patent Review Will End as of September 16, 2020.” Client Alert, August 2020
Author, Intellectual Property Litigation Reporter, Vol. 11, Issue 12, October 2004
Insights
Press Releases
Nine Brooks Kushman Lawyers Named to 2024 Super Lawyers; Three Attorneys Honored As Rising Stars
Read MorePress Releases
Brooks Kushman Recognized In The Top Tier Of IP Firms In The Country By Managing IP; Eight Shareholders Named “IP Stars”
Read MoreMedia Coverage
Brooks Kushman Featured in Law360 Article on Michigan’s Biggest Decisions Of 2023
Read MoreClient Alerts
Court Enters Final Judgement for $3 in Versata Software, Inc. v. Ford Motor Company
Read MorePress Releases
Six Brooks Kushman Lawyers Named To 2023 Super Lawyers; One Attorney Honored As Rising Star
Read MoreClient Alerts
In the Aftermath of TC Heartland Federal Circuit Explains the Venue Requirements in Patent Cases
Read MoreClient Alerts
In the Aftermath of TC Heartland Federal Circuit Explains the Venue Requirements in Patent Cases
Read MoreMedia Coverage
Shareholder Tom Lewry Quoted On Successful Preliminary Injunction for Myco Industries Inc. by Law360
Read MorePress Releases
Nine Brooks Kushman Attorneys Ranked As 2020 Best Lawyer; Two Attorneys Recognized As 2020 Lawyer Of The Year
Read MorePresentations
Thomas Lewry and and Christopher Smith to Speak at Two Panels Focusing on Developments in Patents and Licensing
Read MorePress Releases
Twelve Brooks Kushman Lawyers Named To 2018 Super Lawyers List; Eight Attorneys Honored as Rising Stars
Read MorePress Releases
Nine Brooks Kushman Attorneys Ranked As Best Lawyer; Two Attorneys Recognized as Lawyer of the Year
Read MorePress Releases
Brooks Kushman Ranked In The 2018 Best Law Firms List; Nine Attorneys Ranked As Best Lawyer
Read MorePress Releases
Twelve Brooks Kushman Lawyers Named To 2017 Super Lawyers List; Ten Attorneys Honored As Rising Stars
Read MorePress Releases
Brooks Kushman Ranked in the 2017 Best Law Firms List; Eight Attorneys Ranked as Best Lawyers
Read MorePress Releases
Eight Brooks Kushman Lawyers Named To 2016 Super Lawyers List; Eight Attorneys Honored As Rising Stars
Read MorePress Releases
Brooks Kushman Congratulates 7 Attorneys Named as 2017 Best Lawyers In America
Read MoreMedia Coverage
Brooks Kushmans Lewry Shares Patent Writing Tips in Crains Detroit Business
Read MoreBlog
Federal Circuit Reaffirms Kessler Doctrine As A Patent Infringement Defense For Customers
Read MorePresentations
Brooks Kushman’s Lewry Co-presents IP Webinar for U of M’s College of Engineering
Read MorePresentations
Brooks Kushman’s Lewry Discusses Use of Demonstrative Exhibits at DRI’s IP Litigation Seminar
Read MorePress Releases
Lewry Featured in the University of Michigan Video as a Lecturer for Class on Patent Fundamentals for Engineers
Read MoreMedia Coverage
Six Brooks Kushman Lawyers Named to 2009 Super Lawyers List; Two Up-and-Coming Lawyers Named Rising Stars
Read MorePress Releases
Six Brooks Kushman Lawyers Named to 2008 Super Lawyers List; Five Up-and-Coming Attorneys Named Rising Stars
Read MorePress Releases
Commerce Township Entrepreneur Prevails in Case Against Microsoft for Willful Infringement of Anti-Piracy Software Patents
Read MoreMedia Coverage
Go Abroad for Cheap Tunes? Global Sites Offer Cheap Music But Questionable Legal Issues
Read MoreFree Downloading Not Freeloading, College Students Say
Read More48 results
Press Releases
Brooks Kushman Attorneys Honored as 2025 Leading Lawyers
Press Releases
Nine Brooks Kushman Lawyers Named to 2024 Super Lawyers; Three Attorneys Honored As Rising Stars
Press Releases
Brooks Kushman Recognized In The Top Tier Of IP Firms In The Country By Managing IP; Eight Shareholders Named “IP Stars”
Media Coverage
Brooks Kushman Featured in Law360 Article on Michigan’s Biggest Decisions Of 2023
Client Alerts
Court Enters Final Judgement for $3 in Versata Software, Inc. v. Ford Motor Company
Press Releases
Six Brooks Kushman Lawyers Named To 2023 Super Lawyers; One Attorney Honored As Rising Star
Press Releases
Nine Brooks Kushman Attorneys Recognized In Best Lawyers
Client Alerts
In the Aftermath of TC Heartland Federal Circuit Explains the Venue Requirements in Patent Cases
Client Alerts
In the Aftermath of TC Heartland Federal Circuit Explains the Venue Requirements in Patent Cases
Press Releases
Eight Brooks Kushman Shareholders Named To 2021 Top Lawyers List
Press Releases
Ten Brooks Kushman Shareholders Named To 2020 Top Lawyers List
Media Coverage
Shareholder Tom Lewry Quoted On Successful Preliminary Injunction for Myco Industries Inc. by Law360
Press Releases
Nine Brooks Kushman Attorneys Ranked As 2020 Best Lawyer; Two Attorneys Recognized As 2020 Lawyer Of The Year
Presentations
Thomas Lewry and and Christopher Smith to Speak at Two Panels Focusing on Developments in Patents and Licensing
Press Releases
Twelve Brooks Kushman Lawyers Named To 2018 Super Lawyers List; Eight Attorneys Honored as Rising Stars
Press Releases
Nine Brooks Kushman Attorneys Ranked As Best Lawyer; Two Attorneys Recognized as Lawyer of the Year
Webinar
When Business Meets IP: Six Strategies for Mitigating Risk of IP
Press Releases
Brooks Kushman Ranked In The 2018 Best Law Firms List; Nine Attorneys Ranked As Best Lawyer
Press Releases
Twelve Brooks Kushman Lawyers Named To 2017 Super Lawyers List; Ten Attorneys Honored As Rising Stars
Press Releases
Nine Brooks Kushman Attorneys Ranked as 2018 Best Lawyers
Webinar
Quarterly Review: Impacts on Intellectual Property
Blog
USPTO’s Legal Fees for Appeals to District Court
Press Releases
Five Brooks Kushman Lawyers Named To 2017 Top Lawyers List
Press Releases
Brooks Kushman Ranked in the 2017 Best Law Firms List; Eight Attorneys Ranked as Best Lawyers
Press Releases
Eight Brooks Kushman Lawyers Named To 2016 Super Lawyers List; Eight Attorneys Honored As Rising Stars
Press Releases
Brooks Kushman Congratulates 7 Attorneys Named as 2017 Best Lawyers In America
Press Releases
Eleven Brooks Kushman Attorneys Named Top Lawyers
Press Releases
Fifteen Brooks Kushman Attorneys Named 2015 Super Lawyers and Rising Stars
Media Coverage
Brooks Kushmans Lewry Shares Patent Writing Tips in Crains Detroit Business
Blog
Federal Circuit Reaffirms Kessler Doctrine As A Patent Infringement Defense For Customers
Presentations
Brooks Kushman’s Lewry Co-presents IP Webinar for U of M’s College of Engineering
Presentations
Brooks Kushman’s Lewry Discusses Use of Demonstrative Exhibits at DRI’s IP Litigation Seminar
Press Releases
Lewry Featured in the University of Michigan Video as a Lecturer for Class on Patent Fundamentals for Engineers
Media Coverage
National Law Journal Quotes Lewry on Permanent Injunctions in Patent Cases
Media Coverage
Six Brooks Kushman Lawyers Named to 2009 Super Lawyers List; Two Up-and-Coming Lawyers Named Rising Stars
Press Releases
Six Brooks Kushman Lawyers Named to 2008 Super Lawyers List; Five Up-and-Coming Attorneys Named Rising Stars
Press Releases
Commerce Township Entrepreneur Prevails in Case Against Microsoft for Willful Infringement of Anti-Piracy Software Patents
Press Releases
Brooks Kushman Lawyers Named to 2007 Super Lawyers List
Media Coverage
Go Abroad for Cheap Tunes? Global Sites Offer Cheap Music But Questionable Legal Issues
Publications
Customs Brokerage Industry Narrowly Escapes Restructuring
Media Coverage
Novell Will Pay Some Legal Costs for Linux Customers (Update2)
Media Coverage
RIAA Can’t Subpoena Identities of File Traders, D.C. Cir. Says
Free Downloading Not Freeloading, College Students Say
Media Coverage
Peace Offering for File Traders?
Media Coverage
Content Cops
Media Coverage
Verizon Loses First Round With RIAA; ISPs Brace for More Subpoenas
Media Coverage
DMCA Creates Legal Exposure for Universities
Media Coverage
Lawyer for MTU Student Says Grokster Decision Applies
Practice Areas
Industries
“I use my experience of intellectual property litigation to defend my clients and help them succeed in their business endeavors.”
Tom has over 40 years of experience in intellectual property litigation. He's handled everything from intellectual property disputes to general business conflicts, including fraud, breach of contract, tortious interference, trade secret misappropriation, breach of fiduciary duty, and shareholder derivative matters. Tom has tried cases in federal and state courts around the country.
Tom has a wealth of litigation experience in a variety of technology areas and has successfully tried cases relating to patents, trademarks, trade secrets and copyrights in state and federal courts throughout the country. He’s driven the firm's adoption of innovative technology in the courtroom and for delivery of client information.
Tom has been an Adjunct Professor at Wayne State Law School and a Visiting Scholar at the University of Michigan teach patent law fundamentals.
Tom has traveled to all 50 states and all 7 continents and loves all things tech. Tom enjoys watching the sunset over Lake Michigan in Northern Michigan and learning history.
Education
J.D., University of Michigan
B.S., Computer Engineering, University of Michigan
Organizations & Affiliations
State Bar of Michigan, Computer Law Section, Past Chair; Patent and Trademark Office Committee
Visiting Scholar Univ Mich Ann Arbor
American Bar Association, Intellectual Property Law Section; Computer Applications User Group, Past Chair
Michigan Intellectual Property Law Association
Computer Law Association
Recognitions
“Notable Practitioner” IP Stars, Managing Intellectual Property, 2024
“Legal Lions of the Week”, Law 360, 2023
“Leading Lawyers,” Leading Lawyers Magazine, 2017-2019, 2025
Michigan Super Lawyers, Intellectual Property, 2007 – 2012, 2014 – 2018, 2020-2024
“Top Lawyer,” DBusiness Magazine, 2016, 2019-2021
Best Lawyers in America, 2017-2023
Industries
Presentations
Presenter, “Common Legal Issues Entrepreneurs Typically Face as they Start and Grow their Business,” Automation Alley Entrepreneur Law Seminar, October 2015
Co-Presenter, “IP: Trademark, Copyright & Patents,” Department of Electrical Engineering and Computer Science, University of Michigan (U of M), June 2013
Presenter, “Introduction of Problem and Use of Exhibits Beyond Paper Exhibits,” DRI`s Intellectual Property (IP) Litigation Seminar, May 2013
Publications
Co-Author, “Court Enters Final Judgement for $3 in Versata Software, Inc. v. Ford Motor Company,” Brooks Kushman Client Alerts, November 2023
Co-Author, “In The Aftermath Of TC Heartland Federal Circuit Explains The Venue Requirements In Patent Cases,” Brooks Kushman Client Alerts, March 2022
Co-Author, “Covered Business Method Patent Review Will End as of September 16, 2020.” Client Alert, August 2020
Author, Intellectual Property Litigation Reporter, Vol. 11, Issue 12, October 2004
Representative District Court/ITC Matters
Versata Software v. Ford Motor Company (E.D. Michigan and E.D. Texas): Brooks Kushman served as lead counsel for Ford in lawsuits involving over 30 alleged trade secrets, 16 patents, 5 copyrights and 3 breach of contract claims relating to complex enterprise software for product configuration. Versata originally sought over $1.4 Billion in damages from Ford. After more than 8 years of litigation in federal courts in Michigan and Texas, more than 20 IPRs/CBMRs, over 60 depositions, over 1000 docket entries including multiple rounds of claim construction, summary judgment and Daubert challenges, and a three-week jury trial, our team held Versata to just $3 in nominal damages. Case No. 2:15-cv-10628.
z4 v. Microsoft and Autodesk (Jury Trial – E.D. Texas): Represented z4 in a patent infringement case involving two patents relating to technology for reducing software piracy. Infringing products included Microsoft’s Windows and Office software, and Autodesk’s AutoCAD software. Brooks Kushman secured a $133 million jury verdict, and a $25 million enhanced damages award for z4. The Federal Circuit affirmed the jury verdict. Case No. 507 F.3d 1340
Cheetah Omni, LLC v. Verizon Services Corporation, et al. (Jury Trial – E.D. Texas): Represented Cheetah Omni in a patent infringement lawsuit concerning fiber optic switching technology. Secured a $5.4 million jury verdict. Case No. 6:11-cv-00160
Johns-Manville Corp. v. Guardian Industries Corp. (Judgment for plaintiff – E.D. Michigan): Represented plaintiff in a trade secret and patent infringement suit involving fiberglass manufacturing. 586 F.Supp. 1034, 221 USPQ 319
Hilgraeve Corporation v. Symantec Corporation (Settlement – E.D. Michigan): Counsel for plaintiff in a patent infringement action involving anti-virus software. Secured a $62.5 million settlement for our client on the eve of trial. Case No. 97-cv-40370
Cheetah Omni, LLC v. Alcatel-Lucent, et al. (Settlement – E.D Texas): Represented Cheetah Omni in a patent infringement case against the leading optical telecommunications companies. Cases resulted in favorable settlements for our client. Case No. 6:11CV390
Omni MedSci, Inc. v. Leica Microsystems, Inc. (Settlement – N.D. Illinois): Represented plaintiff in a patent infringement case relating to confocal microscope systems that use fiber light sources to perform spectroscopy. Case resulted in a favorable settlement. Case No. 1:17-cv-1977
Sutmyn v. Storage Technology Corp. (Summary Judgment – N.D. California): Represented defendant in a patent infringement matter involving virtual storage systems. Successfully defended against antitrust claims. Case Nos. C97-20105 RMW & C97-20629 RMW (consolidated)
Waner v. Ford Motor Co. (Jury Trial – U.S. District Court, South Dakota): Defended Ford Motor Co. on a patent infringement matter involving heavy-duty trucks. Case No. Civ. 98-5061-KES; 331 F.3d 851
Palmer v. Fox Software Inc. et al. (N.D. Ohio): Successfully defended breach of fiduciary duty claims. $22 million jury verdict reduced by remittitur to $13 million; reversed on appeal – no cause of action.
107 F.3d 415 (6th Cir. 1997); 1997 WL 67851 (Fed. Cir. 1997)
Expeditors International v. Vastera, Inc. (Jury Trial – E.D. Michigan): In a case watched closely by the customs industry (See Customs Brokerage Industry Narrowly Escapes Restructuring, Intellectual Property Litigation Reporter, October 4, 2004), Expeditors alleged Vastera had misappropriated over 325 trade secrets relating to the customs brokerage industry and sought $150 million in damages. Tom represented Vastera. The jury found for Vastera and the Court ordered Expeditors to pay over $400 thousand in fees to Vastera. Case No. 2:01-cv-71000