TOM BROUGHAN focuses on litigation in district court and before the Patent Trial and Appeal Board. Tom has examined witnesses at trial, presented argument at hearings, prepared witnesses for depositions and trial, and drafted motions, appeal briefs, and other documents. His experience also includes working on over 50 IPR and CBM proceedings. He frequently works with engineers, scientists, and doctors to understand complex technical issues and translate them into simple terms and concepts accessible by judges and juries. Tom’s matters have involved a variety of technologies, such as medical devices, spinal cord stimulation systems, cryptography, signal processing, digital rights management, payment systems, cellular communications standards, and pharmaceuticals.
Tom’s representative matters include:
- Boston Scientific v. Nevro – Represented Nevro in three lawsuits in D. Del. and in numerous parallel IPR proceedings. These cases involve spinal cord stimulation and implantable medical device technology. Represented Nevro in hearings, at trial, in front of the PTAB, and at the Federal Circuit.
- Certain Audio Processing Hardware, Software and Products Containing the Same, 337-TA-1026 – Successfully defended Apple at the ITC against three patents involving audio processing and noise suppression technology. Obtained Initial Determination finding no infringement, no technical domestic industry and no standing. Commission affirmed finding of no violation based on no technical domestic industry.
- Intuitive Surgical, Inc. v. Auris Health, Inc. – Represented for Auris Health, a subsidiary of J&J, in a series of IPR proceedings challenging the validity of multiple Intuitive Surgical patents asserted in the District of Delaware. Successfully invalidated several patents directed to robotic surgery at the PTAB.
- Omni MedSci, Inc. v. Apple – Represented Apple in three patent infringement lawsuits and numerous IPRs involving wearable heart rate monitoring technology. Successfully invalidated asserted patents at the PTAB.
- InfoBionic v. Braemar Manufacturing – Represented patent owners CardioNet and Braemar in D. Mass. and in several IPR proceedings involving mobile cardiac telemetry.
- Apple, Inc. v. VirnetX, Inc.: Represented Apple in over 20 inter partes review proceedings concerning secure communications technology. Successfully invalidated almost 400 claims of VirnetX’s patents.
- ContentGuard Holdings, Inc. v. Amazon.com Inc. et al., No. 2:13-cv-01112 (E.D. Tex. filed Dec. 18, 2013) (Gilstrap, J.): Represented Apple, one of the accused infringers of patents concerning digital rights management. Jury trial in 2015. Verdict of non-infringement affirmed on appeal.
- Metavant Corp. v. CheckFree Corp. – Represented CheckFree and Fiserv, Inc. in several CBMs involving technology relating to electronic payment systems.
- Disney v. Kappos, No. 12-687 (E.D. Va): counsel for Disney in Section 145 action brought against the PTO.
Prior to joining Sidley, Tom served as a law clerk to Judge Edward Damich and to Special Master Dee Lord, both of the U.S. Court of Federal Claims. He worked for several years as a software developer before attending law school.