Thomas G. Saunders’ practice focuses on appellate and government and public policy litigation with a particular emphasis on intellectual property. He has extensive experience representing clients in patent and copyright cases and has built a reputation as a leading advocate in high-stakes appellate litigation.
He has argued and won two cases in the US Supreme Court, one involving patents and the other involving government contracts. He has also argued and won cases in multiple courts of appeals, including the Federal Circuit. Law360 recognized Mr. Saunders as an Appellate MVP of the Year in 2015 and an Appellate Rising Star in 2016 and 2017.
Mr. Saunders also has significant experience in civil litigation involving the government and quasi-governmental entities. He advises clients on constitutional matters, questions of public policy and strategy, and administrative law.
- Kingdomware Technologies v. United States, 136 S. Ct. 1969 (2016): Mr. Saunders argued and won in the Supreme Court on behalf of Kingdomware Technologies when the Court ruled that a 2006 law giving small businesses owned by service-disabled veterans preferences in VA contracting is mandatory. The decision affects billions of dollars of contracts awarded each year.
- Kimble v. Marvel Enterprises, Inc., No. 13-720 (S. Ct.): Mr. Saunders argued and won an important patent case in the Supreme Court, which upheld a 50-year-old decision that restricts a patent owner’s ability to collect royalties that accrue beyond the expiration of its patent term. The decision affects not only patent licensing, but also sets important precedent on when the Court should apply the doctrine of stare decisis.
- Wood v. Beauclair, 692 F.3d 1041 (9th Cir. 2012): Mr. Saunders argued and won in the Ninth Circuit on behalf of a prisoner who was sexually assaulted, leading to the reversal of the decision dismissing the prisoner’s claim.
- Securing a complete reversal in the Federal Circuit of a $1.67 billion patent-infringement verdict (then the largest in US history) against a leading biotechnology company on its flagship therapeutic.
- Representing a major synthetic turf company in a bankruptcy estimation proceeding regarding the value of a patent claim.
- Representing a major pharmaceutical company defending its favorable ANDA judgment in the Federal Circuit.
- Representing the pharmaceutical industry in its successful challenge to an unconstitutional statute regulating patented pharmaceuticals.
- Defending agricultural commodity research and promotion programs against First Amendment and other constitutional challenges.
- JD, Yale Law School, 2004
- AB, Social Studies, Harvard University, 2000
- District of Columbia
- New York
- The Hon. Ruth Bader Ginsburg, US Supreme Court, 2007 – 2008
- The Hon. Pierre N. Leval, US Court of Appeals for the Second Circuit, 2004 – 2005
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