Thomas D. Kohler

London School of Economics and Political Science, LLM., European Intellectual Property and Comparative Antitrust, with merit

College of William and Mary, Marshal-Wythe School of Law J.D.

University of Exeter, Certificate in International and European Community Law

Clarkson University, B.S., mechanical engineering

The following matters are demonstrative of the successes Tom has achieved on the behalf of his clients throughout his career:

• Achieved a settlement for his client, a consumer products innovator and retailer, in patent infringement litigation initiated by the client in the District of Vermont and in parallel interference proceedings subsequently initiated by the defendant in the USPTO.
• Worked with a San Francisco Bay Area start-up for a number of years developing, growing and strengthening a world-wide patent portfolio protecting their unique spinal fixation implant. This work lead to the acquisition of Tom’s client by a major corporation.
• Successfully represented design patent holders in patent infringement actions in Federal Court, most recently achieving a settlement for a client accused of infringement in a case pending in the Southern District of Florida.
• Twice successfully represented patent holders in patent infringement actions while fending off ex parte reexamination proceedings in the USPTO initiated by the accused infringers. In each case, Tom was able to sustain the patentability of each patent, and the litigation settled with the accused infringer’s withdrawal from the market.
• Achieved a settlement on behalf of a Vermont consumer electronics company against an accused infringer located in Hong Kong and China. Federal Court litigation in Vermont was settled after depositions in Hong Kong and on the eve of initiation of a parallel enforcement action in China.
• Won summary judgment of non-infringement in defending an international dental company against accusations of infringement in the Central District of California. Tom then successfully defended the judgment of non-infringement against the plaintiff’s appeal to the Court of Appeals for the Federal Circuit.
• For over 10 years, Tom advised an alternative energy technology company in developing, expanding and maintaining a worldwide patent portfolio, and in patent and trade secret licensing transactions domestically and abroad.
• Achieved a settlement for a client accused of patent infringement and trade secret misappropriation in a case involving injection molding technology brought against his client in the District of Vermont.
• Represented clients domestically in patent litigation matters in Federal courts in Massachusetts, Vermont, New York, Florida, Indiana, Illinois, Idaho, Utah and California. He has also worked with U.S. and foreign clients on matters in countries including the United Kingdom, Germany, France, Luxembourg, Switzerland, Korea and Japan.

U.S. Patent and Trademark Office, 1988

New York, 1990

Connecticut, 1990

U.S. Court of Appeals, Federal Circuit, 1995

California, 2000

Sailing

Backcountry skiing

Woodworking: furniture and wooden boats

Metal working

Generally fabricating cool stuff

Westport Central School, Westport, New York, School Board Member (2009 – 2019)

Author, Using Patents to Protect Your Amazon Sales, NH Bar News (June, 2021)