Thomas A. Broughan III

TOM BROUGHAN focuses on district court cases and contested proceedings before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office. 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 inter partes reviews and Contested Business Method proceedings, including drafting petitions, taking and defending depositions, and arguing at hearings. Tom’s matters have involved a variety of technologies, such as medical devices, signal processing, digital rights management, cellular communications standards, and pharmaceuticals.

Tom’s representative matters include:

• Certain Audio Processing Hardware, Software and Products Containing the Same, 337-TA-1026 – Successfully defended the world’s leading consumer electronics company 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. 
• Boston Scientific v. Nevro – Defending Nevro in a 10-patent case in D. Del. involving spinal cord stimulation and implantable medical device technology. Filed several inter partes review proceedings against the asserted patents on behalf of Nevro.  
• InfoBionic v. Braemar Manufacturing – IPR2016-01236, -01237, -01679, -01688 – Represented patent owner CardioNet and Braemar in several inter partes review proceedings involving mobile cardiac telemetry.  
• The world’s leading consumer electronics company v. VirnetX, Inc., IPR2014-00237, 00238, 00403, 00404, 00481, 00482, and various others: Represent the world’s leading consumer electronics company in over 20 inter partes review proceedings concerning secure communications technology.
• The world’s leading consumer electronics company v. Achates Reference Publishing Inc., IPR2013-00080, 81: Represented petitioner in successful inter partes review proceedings that invalidated all claims asserted against petitioner in district court litigation. Affirmed on appeal.
• ContentGuard Holdings, Inc. v. Amazon.com Inc. et al., No. 2:13-cv-01112 (E.D. Tex. filed Dec. 18, 2013) (Gilstrap, J.): Represented the world’s leading consumer electronics company, one of the accused infringers of patents concerning digital rights management. Jury trial in 2015. Verdict of non-infringement affirmed on appeal.  
• Disney v. Kappos, No. 12-687 (E.D. Va): counsel for Disney in Section 145 action brought against the PTO. Bench trial in 2013.

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.