Tom Carmack focuses his practice on patent, trade secret, and complex commercial litigation in state and federal courts and the US International Trade Commission (ITC). He has represented domestic and foreign companies in cases involving consumer electronics, electronic security, memory, microprocessors, semiconductor fabrication, design patents, medical devices, pharmaceuticals, and life sciences.

His experience litigation includes:

  • direct and cross examinations in recent successful patent jury trials regarding angioplasty devices, microprocessor architecture and laser-aligned board games;
  • trial counsel in successful ITC hearing relating to footwear that ultimately resulted in a general exclusion order;
  • summary judgment briefing resulting in dismissal of patent claims based on correction of inventorship defense;
  • depositions and direct and cross examinations at trial of fact and expert witnesses, Markman proceedings, and summary judgment briefing and oral argument in the ITC, state, and federal courts; and
  • successful briefing on behalf of appellants and appellees before the Federal Circuit and US Supreme Court.

Experience

  • Obtained a verdict of invalidity and no infringement as trial counsel for TriReme Medical and related entities in a patent jury trial regarding angioplasty devices in US district court for the Northern District of California.
  • Medical device company in a correction of inventorship suit and related appeal to the Court of Appeals for the Federal Circuit.
  • Various semiconductor companies, in state and federal courts with respect to patent and trade secret litigation involving semiconductor fabrication, circuit design, DRAM, flash controllers, and microprocessor architecture.
  • Internet and Internet security companies, in patent and trade secret litigation in the ITC, federal, and state courts.
  • Pharmaceutical and life sciences companies in patent litigation in various federal courts and ANDA litigation in the US district courts of Delaware and New Jersey.
  • Crocs in district court and the ITC in patent litigation involving design and utility patents against import footwear makers.

Perspectives

Extensive IP Provisions in the Trans-Pacific Partnership
Arnold & Porter Advisory

Recognition

Northern California Super Lawyers
"Rising Star" (2012-2017)

Credentials

Education
  • JD, University of California, Davis School of Law, 2003
  • BS, Molecular Biology, Brigham Young University
Admissions
  • California
  • US District Court, Northern District of California
  • US District Court, Central District of California
  • US District Court, Eastern District of Texas
  • US District Court, District of Colorado
  • US Court of Appeals for the Federal Circuit
  • Supreme Court of the United States
  • US Patent and Trademark Office
Overview

Email Disclaimer