Thomas M. Patton

Thomas advises clients on intellectual property and business litigation involving a variety of technologies.

Thomas’ practice focuses on intellectual property and AI disputes and advising, with an emphasis on patent and trade secret litigation, enforcing and defending his clients’ rights in a wide range of technologies, from software and telecommunications to ag-tech, heavy machinery, medical devices, automotive, GPS, consumer appliances, gas containment and roofing.

Thomas has experience leading complex intellectual property and commercial litigation in federal and state court at every stage—preparing pre-litigation assessments, developing case strategies, facilitating mediations and settlements, navigating e-discovery and dispositive issues, trying cases, and handling appeals—prioritizing his clients’ interests throughout.  Thomas utilizes his expertise in both litigation and technology to advise clients on the use of AI and related litigation-risks.

In addition to practicing in Iowa, Minnesota, and Missouri, Thomas appears regularly in the top national venues for patent litigation, including in Delaware, Texas, California, Virginia, Washington and before the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB).

Thomas is registered patent attorney with experience prosecuting, defending, and challenging patents and patent applications before the U.S. Patent and Trademark Office. He draws on this both while litigating cases and while advising clients on intellectual property protection policies, AI use and policies, patent prosecution, patent harvesting, patent monetization strategies and NDAs, and other contracts.

Thomas taps into his background in engineering to understand his clients’ technologies. He worked at a manufacturing company, assisting with inventory management, driving a forklift and powder coating. Thomas was employed at an engineering firm; he worked on project oversight, project closeout and preparations for arbitration. Thomas also served as a teaching assistant for undergraduate and graduate engineering courses.

Thomas is dedicated to serving the community and maintains an active pro bono practice. He assists individuals seeking asylum, including assisting with asylum applications, arguing at various hearings, obtaining and renewing work authorizations and obtaining and assisting country experts. He also served as lead counsel representing his asylum client at a merits hearing. Thomas is licensed to practice in Iowa, Minnesota, Missouri, U.S. Patent & Trademark Office and various U.S. District Courts across the country.

Thomas is a member of the firm's Recruiting and Hiring Committee.

Recent Cases

• BinSentry Inc. v. BarnTools, LLC – Southern District of Iowa
• TruXedo, Inc. v. Rough Country, LLC – Western District of Tennessee
• College Products, Inc. v. Intirion Corp. (CP 2) – Federal Circuit Court of Appeals
• College Products, Inc. v. Intirion Corp. (CP 1) – Federal Circuit Court of Appeals
• Virtual Creative Artists, LLC v. Carhartt, Inc. – Eastern District of Texas
• Dungy v. Berkshire Hathaway Energy Company et. al – Iowa
• Syngenta Crop Protection AG v. Inflexion Point Technologies, LLC – Patent Trial and Appeal Board
• PacifiCorp d/b/a Rocky Mountain Power et al v. Birchtech Corp. f/k/a Midwest Energy Emissions Corp. (ME2C 717)– Patent Trial and Appeal Board
• PacifiCorp d/b/a Rocky Mountain Power et al v. Birchtech Corp. f/k/a Midwest Energy Emissions Corp. (ME2C 718)– Patent Trial and Appeal Board
• PacifiCorp d/b/a Rocky Mountain Power et al v. Birchtech Corp. f/k/a Midwest Energy Emissions Corp. (ME2C 687)– Patent Trial and Appeal Board
• PacifiCorp d/b/a Rocky Mountain Power et al v. Birchtech Corp. f/k/a Midwest Energy Emissions Corp. (ME2C 688)– Patent Trial and Appeal Board
• PacifiCorp d/b/a Rocky Mountain Power et al v. Birchtech Corp. f/k/a Midwest Energy Emissions Corp. (ME2C 424)– Patent Trial and Appeal Board
• PacifiCorp d/b/a Rocky Mountain Power et al v. Birchtech Corp. f/k/a Midwest Energy Emissions Corp. (ME2C 425)– Patent Trial and Appeal Board
• Berkshire Hathaway Energy Company et al v. Birchtech Corp. f/k/a Midwest Energy Emissions Corp. (ME2C 422)– Patent Trial and Appeal Board
• Berkshire Hathaway Energy Company et al v. Birchtech Corp. f/k/a Midwest Energy Emissions Corp. (ME2C 423)– Patent Trial and Appeal Board
• Berkshire Hathaway Energy Company et al v. Midwest Energy Emissions Corp. n/k/a Birchtech Corp. (ME2C 280)– Patent Trial and Appeal Board
• Berkshire Hathaway Energy Company et al v. Midwest Energy Emissions Corp. n/k/a Birchtech Corp. (ME2C 281)– Patent Trial and Appeal Board
• Berkshire Hathaway Energy Company et al v. Birchtech Corp. (ME2C 274)– Patent Trial and Appeal Board
• Berkshire Hathaway Energy Company et al v. Midwest Energy Emissions Corp. (ME2C 278)– Patent Trial and Appeal Board
• In Re: Midwest Energy Emissions Corp. Patent Litigation – Multi-District Litigation – Southern District of Iowa
• Midwest Energy Emissions Corp. v. MidAmerican Energy Company et al – Southern District of Iowa
• UnderCover, Inc. et al v. Rough Country, LLC - Western District of Tennessee
• College Products, Inc. v. Intirion Corporation (CP PGR 1) – Patent Trial and Appeal Board
• College Products, Inc. v. Intirion Corporation (CP PGR 2) – Patent Trial and Appeal Board
• MGP Caliper Covers, LLC v. Rough Country, LLC – Western District of Tennessee
• College Products, Inc. v. Intirion Corporation (CP IPR 1) – Patent Trial and Appeal Board
• College Products, Inc. v. Intirion Corporation (CP IPR 2) – Patent Trial and Appeal Board
• College Products, Inc. v. Intirion Corporation (CP IPR 3) – Patent Trial and Appeal Board
• Intirion Corporation v. College Products, Inc., et al – Northern District of Iowa
• College Products, Inc v. Intirion Corporation – Northern District of Iowa
• Nuhn Industries Ltd v. Bazooka Farmstar, LLC (Nuhn 4) – Southern District of Iowa
• Platypus Wear, Inc. v. All States Ag Parts, LLC et. al – Eastern District of California
• MoveIn, Inc. d/b/a Rentable v. Hello Data, Inc. – Eastern District of Wisconsin
• Lund Motion Products, Inc. d/b/a AMP Research v. Rough Country, LLC – District of Delaware
• Certain Automated Retractable Vehicle Steps and Components Thereof; Inv. No. 337-TA-1345 – International Trade Commission
• Deere & Company et al v. Kinze Manufacturing, Inc. et al – Southern District of Iowa
• Nuhn Industries Ltd. v. Bazooka Farmstar, LLC (Nuhn 3) – Southern District of Iowa
• Nuhn Industries Ltd v. Bazooka Farmstar, LLC (Nuhn 2) – Southern District of Iowa
• Nuhn Industries Ltd v. Bazooka Farmstar LLC (Nuhn 1) – Southern District of Iowa
• Baxter International, Inc. v. CareFusion Corporation et al – Northern District of Illinois
• Dero Roofing, LLC et. al v. Triton, Inc. – Middle District of Florida
• Wake 10, LLC v. McNaughton, Inc. et. al – District of Kansas
• Oxygenator Water Technologies, Inc. v. Tennant Company – District of Minnesota
• Ward Manufacturing, LLC v. Omega Flex, Inc. – Patent Trial and Appeal Board
• Unverferth Mfg Co, Inc. v. Meridian Mfg, Inc – Northern District of Iowa
• West World Wide v. OTR Wheel – Ninth Circuit Court of Appeals / Eastern District of Washinton
• Ironburg Inventions Ltd. V. Valve Corporation – Western District of Washinton
• Sprint Communications Company LP v. Charter Communications, Inc. et al – District of Delaware
• Sprint Communications Company LP v. Cequel Communications, LLC d/b/a Suddenlink Communications et al – District of Delaware
• Digital Ally, Inc. v. Taser International, Inc. – District of Kansas
• Omega Flex, Inc. v. Ward Manufacturing, LLC – District of Delaware
• Sprint Communications Company LP v. Frontier Communications Corporation – District of Delaware
• Sprint Communications Company LP v. WideOpenWest, Inc. et al – District of Delaware
• Sprint Communications Company LP v. Atlantic Broadband Finance, LLC et al – District of Delaware
• Sprint Communications Company LP v. TPG Global, LLC et al – District of Delaware
• Sprint Communications Company LP v. Charter Communications, Inc. et al – District of Delaware
• Sprint Communications Company LP v. Mediacom Communications Corp. – District of Delaware
• CliniComp International, Inc. v. Cerner Corporation – Southern District of Iowa
• Cerner Innovations, Inc. v. Excel Medical Electronics, Inc. et. al – Southern District of Florida
• Baxter International, Inc. v. Becton, Dickinson and Company – District of Delaware
• TC Technology LLC v. Sprint Corporation et al – District of Delaware
• Sprint Communications Company L.P. v. Cox Communications, Inc., et. al – District of Kansas
• Sprint Communications Company L.P. v. Comcast Cable Communications, LLC et al – District of Kansas
• Sprint Communications Company L.P. v. Cable One, Inc. – District of Kansas

Patent and Trademark Litigation

• Succeeded in obtaining a voluntary dismissal from non-practicing entity in the Eastern District of Texas without the need to enter appearance into the case. 
• Represented a respondent in a patent infringement investigation instituted by the International Trade Commission (ITC) and in a parallel district court infringement case relating to aftermarket truck parts. Thomas and the team succeeding in achieving termination of the ITC investigation as to the client without the need for a merits hearing and dismissal of the district court matter without the client needing to make any payment to the plaintiff.
• Led the successfully defense of patents in multiple patent office challenges brought by competitor.
• Member of a trial team representing a major telecommunication company in a case involving multiple patents in the District of Kansas, successfully recovering over $150 million in damages.
• Member of a team representing a major telecommunications company in patent cases in the District of Delaware, Eastern District of Virginia, and District of Kansas, successfully recovering hundreds of millions of dollars in settlement.
• Member of a team successfully defending an electronics developer in a patent suit involving multiple patents in the District of Kansas. With over $200 million being sought, Thomas and his team successfully obtained summary judgment of non-infringement, which was affirmed on appeal, with plaintiff paying certain costs incurred during litigation.
• Member of a team defending a video game and system developer in patent suits in the Western District of Washington.
• Member of a team defending manufacturer of mechanical devices from a patent infringement suit in the District of Delaware
• Member of a team defending a patent and trademark infringement suit in multiple Federal District Courts related to a GPS system patent.
• Member of a team successfully defending a patent infringement suit in the Northern District of California relating to medical devices.

Copyright, Trade Secret and Business Litigation

• Led the successful dismissal a complaint in the WD of Wisconsin brought by a large direct competitor, including multiple causes of action. 
• Successfully defended against a copyright suit in the Western District of
• Member of a team who protected a major telecommunications company from alleged trade secret theft and breach of contracts.

Intellectual Property Advising

• Advising manufacturer and retail regarding IP NDAs and manufacturing agreements.
• Advising on IP rights and risks related to company being acquired.
• Advising on privilege and AI policy considerations and risk positioning in advance of litigation, financings, acquisitions, and corporate exits.

Pro Bono

• Lead attorney representing asylee seeking asylum through final merits hearing.
• Representing various juveniles at initial detention docket hearing before permanent counsel is located.

Education

• University of Iowa College of Law, J.D., 2016, with distinction
• Iowa State University, B.S., 2013, cum laude

Admissions

• Iowa
• Minnesota
• Missouri
• U.S. Patent & Trademark Office
• U.S. District Court for the District of Kansas
• U.S. District Court for the Western District of Missouri
• U.S. District Court for the District of Minnesota
• U.S. District Court for the Northern District of Iowa
• U.S. District Court for the Southern District of Iowa
• U.S. District Court for the Northern District of Illinois
• U.S. District Court for the Eastern District of Wisconsin
• U.S. Court of Appeals for the Eighth Circuit
• U.S. Court of Appeals for the Ninth Circuit
• U.S. Court of Appeals for the Federal Circuit

• IAM Patent 1000: The World’s Leading Patent Professionals, 2026
• Great Plains Super Lawyers Rising Star, Intellectual Property Litigation, 2023-2026
• Best Lawyers: Ones to Watch, Litigation-Intellectual Property, 2024-2026; Litigation-Patent, 2025-2026
• North Star Lawyer, Minnesota State Bar Association, 2022-2023
• Boyd Service Award, Highest Honors, 2016
• Tau Beta Pi Association

• Children & Families of Iowa, Board Member, 2026-present