Thomas H. Shunk

Partner

Cleveland
T +1.216.861.7592
F +1.216.696.0740

"Thomas Shunk is endorsed by the market as an 'excellent patent litigator' and an 'eminently qualified first chair.'"

— Chambers USA 2015

Overview

Tom Shunk is a seasoned first-chair trial lawyer who focuses his practice on patent, trade secret and other technology-focused intellectual property litigation. Tom has tried more than 40 civil commercial cases throughout the country as first-chair counsel, including many jury trials. Tom has argued before federal courts across the country, from the Western District of Washington to the Eastern District of Virginia. He has an extensive appellate practice as well, having appeared more than a dozen times before the Court of Appeals for the Federal Circuit – the exclusive appellate court for patent infringement disputes.

Tom is ranked in the 2013 edition of Chambers USA: America's Leading Lawyers for Business and is listed in The Best Lawyers in America©. He has been appointed to the mediation panel for the U.S. District Court, Northern District of Ohio, with emphasis on intellectual property disputes.

Select Experience

  • Obtained reversal of a district court's grant of summary judgment of no infringement against a client, the plaintiff, in a patent infringement action relating to computer remote access technology. 01 Communique Laboratory Inc. v. LogMeIn Inc., 687 F.3d 1292 (Fed. Cir. 2012).
  • Defended a client in two patent infringement lawsuits seeking $60 million in damages in patent infringement actions concerning machinery for fabricating concrete paving blocks. Obtained dismissal of key infringement claims through summary judgment, leading to a favorable settlement shortly before trial. Columbia Machine Inc. v. Besser Co., Case No. C10-5667 (W. D. Wash. 2012).
  • Represented the child care product group of a Fortune 50 company as the complainant before the International Trade Commission against the manufacturer of infringing products in a patent infringement action. Obtained a favorable settlement of claims shortly before trial. In re: Certain Strollers and Playards, Inv. No. 337-TA-762 (ITC 2012).
  • Defended a client against charges of patent infringement in two separate declaratory judgment actions involving the Google Maps software application. Coordinated simultaneous ex parte reexamination proceedings in the latter case, resulting in a finding that asserted claims were unpatentable. Emsat Advanced Geo-Location Technology LLC et al. v. T-Mobile USA Inc. and Google Inc., Case No. 08-cv-00817 (N. D. Ohio 2008); Google Inc. v. Traffic Information LLC, Case No. 3:2009-cv-00642 (D. Oregon 2008).
More »

Experience

  • Obtained reversal of a district court's grant of summary judgment of no infringement against a client, the plaintiff, in a patent infringement action relating to computer remote access technology. 01 Communique Laboratory Inc. v. LogMeIn Inc., 687 F.3d 1292 (Fed. Cir. 2012).
  • Defended a client in two patent infringement lawsuits seeking $60 million in damages in patent infringement actions concerning machinery for fabricating concrete paving blocks. Obtained dismissal of key infringement claims through summary judgment, leading to a favorable settlement shortly before trial. Columbia Machine Inc. v. Besser Co., Case No. C10-5667 (W. D. Wash. 2012).
  • Represented the child care product group of a Fortune 50 company as the complainant before the International Trade Commission against the manufacturer of infringing products in a patent infringement action. Obtained a favorable settlement of claims shortly before trial. In re: Certain Strollers and Playards, Inv. No. 337-TA-762 (ITC 2012).
  • Defended a client against charges of patent infringement in two separate declaratory judgment actions involving the Google Maps software application. Coordinated simultaneous ex parte reexamination proceedings in the latter case, resulting in a finding that asserted claims were unpatentable. Emsat Advanced Geo-Location Technology LLC et al. v. T-Mobile USA Inc. and Google Inc., Case No. 08-cv-00817 (N. D. Ohio 2008); Google Inc. v. Traffic Information LLC, Case No. 3:2009-cv-00642 (D. Oregon 2008).
  • Defended a Fortune 50 manufacturer against claims of trade secret theft and Racketeer-Influenced and Corrupt Organizations Act violations. All key claims were dismissed on summary judgment. Thermodyn Corp. v. 3M Co., 593 F. Supp. 2d 972 (N. D. Ohio 2008).
  • Obtained a judgment following a jury trial in favor of a client, the plaintiff, in a patent infringement action relating to a materials shipment method patent. The two-week trial resulted in a judgment for the client of infringement, patent validity and willful misconduct by defendant companies. Successfully defended the judgment twice on appeal. MPT Inc. v. Marathon Labels Inc., 505 F. Supp. 2d 401, 423 (N. D. Ohio 2007); MPT Inc. v. Marathon Labels Inc., 258 Fed. Appx. 318 (Fed. Cir. 2007).
  • Obtained a judgment in favor of a client in a patent infringement jury trial regarding operating room imaging devices. The court granted a judgment of no infringement as a matter of law after a jury trial and awarded attorneys' fees of more than $4 million to the client. Medtronic Navigation Inc. v. Brainlab Medizinische Computersysteme GmbH, 417 F. Supp. 2d 1188 (D. Colo. 2006).
  • Obtained a judgment in favor of a client, the defendant, in a patent infringement action tried to the bench regarding building devices. The court determined that the client's product did not infringe the plaintiff's patent, as well as that the plaintiff's patent was invalid. Judgment included a finding of fraud against the U.S. Patent and Trademark Office by the plaintiff patent holder. Duramax Inc. v. Roppe Corp., 2006 U.S. Dist. LEXIS 52165 (N. D. Ohio July 28, 2006).
  • Obtained a judgment following a jury trial in favor of a client, the plaintiff, in a patent infringement action relating to liquid crystal display computer monitors. The jury found willful infringement after six weeks of testimony and granted an award before trebling of $5 million. Fergason et al. v. Tektronix Inc., 1:88cv01138 (N. D. Ohio, 1992).

Recognitions and Memberships

Recognitions

  • Chambers USA: Intellectual Property in Ohio (2013 to 2017)
  • The Best Lawyers in America© (2012 to 2018)
    • Cleveland: Commercial Litigation
    • Cleveland: Litigation – Intellectual Property
      • Best Lawyers® 2016 "Lawyer of the Year"
  • Martindale-Hubbell: AV Preeminent
  • Ohio "Super Lawyer" (2007 to 2009, 2012 to 2017)

Memberships

  • American Intellectual Property Lawyers Association
  • Cleveland Intellectual Property Lawyers Association
  • American Bar Association

Prior Positions

  • Law Clerk to the former Chief Judge of the Northern Ohio Federal District Court

Admissions

  • Ohio

Education

  • J.D., Columbia University School of Law, 1979, Harlan Fiske Stone Scholar
  • B.A., Yale University, 1976, cum laude, honors in Philosophy