Thomas W. Cunningham

Thomas W. Cunningham is an accomplished patent litigator with over two decades of experience, currently serving as Of Counsel and Lead Counsel at Brooks Kushman. He handles a broad range of technology areas in his practice, including automotive and locomotive developments, e-commerce systems, light-emitting diode (LED) applications, biotechnology, consumer products, dietary supplements, and computer software.

Cunningham has experience representing both plaintiffs and defendants in federal courts across the country. While he has served as trial counsel for plaintiffs, securing a willful infringement verdict for LED bus sign technology patents, his tracked appearances and notable successes highlight a strong defense-side practice. For instance, he successfully defended a pizza franchisor in patent cases involving e-commerce technology, where three of four asserted patents were deemed unenforceable at the Patent Trial and Appeal Board (PTAB), and the fourth was found unenforceable on summary judgment. This defense included the significant Ameranth Inc. v. Domino's Pizza LLC case, where he secured a $2.7 million award in attorneys' fees for Domino's, affirmed by the Federal Circuit, following the invalidation of menu-related patents.

His experience extends to various other notable cases, including defending a flashlight manufacturer in a patent dispute where the patent was declared unenforceable for inequitable conduct, and representing a defendant in LED lighting patent litigation that resulted in limited damages and patent invalidation in IPR. He is also recognized for his work in Inter Partes Review (IPR) proceedings, having utilized Covered Business Method (CBM) reviews before the PTAB in the Domino's litigation.

Cunningham frequently advises clients on intellectual property management, enforcement, and licensing, and helps them avoid infringement through design-around strategies. He is admitted to practice in various federal courts, including the Federal Circuit, 5th, and 6th Circuit Courts of Appeal.