Michael J. Thomas

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Litigation, Patent Law, Intellectual Property, Environmental

Admitted to Practice in:

California, U.S. Patent and Trademark Office

EXPERIENCE

Lead team of lawyers defending seat manufacturer accused of patent infringement. Won case by obtaining complete dismissal of all claims, covenant by plaintiff never to sue client seat manufacturer over products in dispute, and payment from plaintiff to client seat manufacturer.

Lead counsel for patent owner in infringement dispute with patent licensee concerning lending software. Obtained multimillion dollar settlement for client.

Lead counsel for printer cartridge distributor in defense of patent infringement litigation. Resolved case successfully for client for nominal settlement.

Lead counsel defending distributor of computer hard disk drive duplicators in patent infringement litigation. Resolved case successfully for client by orchestrating a win-win acquisition of client by plaintiff.

Lead counsel for plaintiff in action involving alleged infringement of vegetable processing patents.

Lead counsel for inventor in inventorship dispute concerning patent application. Matter still pending.

Lead counsel for patent licensee in patent infringement litigation involving road striping technology. Case resolved favorably for client.

Represented patent assignee in litigation with patent assignor. Case resolved favorably for client.

Lead counsel in pending trademark infringement action in federal court.

Lead counsel in trademark cancellation and trademark opposition proceedings before Trademark Trial and Appeal Board.

Lead counsel in defense of national plush toy manufacturer in copyright infringement litigation. Obtained dismissal of entire action in favor of client.

Lead counsel representing large construction firm for claims of trade secret misappropriation, trademark infringement, copyright infringement and unfair competition against former employees who established competing business. Case settled favorably for client.

Lead counsel for online retailer of computer accessories in action against former employees for trade secret misappropriation. Obtained favorable monetary settlement for client.

Representing online retailer of printer accessories in federal court action for trade secret misappropriation and violation of non-compete agreement. Matter pending.

Lead counsel in defeating application for temporary restraining order brought against client in a case involving alleged trade secret theft, trade dress infringement, and unfair competition. Following the court's denial of application for temporary restraining order, obtained dismissal of entire action in favor of client.

Represented computer retail outlet franchiser in federal court litigation against franchisee involving trademark infringement and trade secret theft. Case resolved favorably for client.

Day-to-day management of Downey Brand LLP's trademark practice, including managing portfolio of several hundred marks; overseeing Downey Brand LLP's trademark registration practice; providing regular counsel to clients regarding selection and protection of marks; and handling cease and desist letters.

Regularly provide advice and counsel to clients regarding copyright issues including registration, transfer, and enforcement.

MEMBERSHIPS

State Bar of California, Intellectual Property Law Section, Past Trademark Standing Committee Co-Chair

Sacramento County Bar Association, Intellectual Property Law Section, Past Board Member and Past Program Chair

American Society of Mechanical Engineers, Member

EDUCATION

University of California, Hastings College of the Law (J.D., 1994)

California Polytechnic State University (B.S.M.E., 1989)

PUBLICATIONS

Daily Journal, “Trademarking California,” December 13, 2007, Co-Author with Matthew G. Massari

Hasting Law Journal, Former Associate Editor

TEACHING and speaking ENGAGEMENTS

Sacramento County Bar Association, Intellectual Property Law Section, “2004 Trademark Law Year in Review,” Presenter

University of the Pacific, McGeorge School of Law, Patent Law, Former Adjunct Professor