People

Thomas G. Saunders

Partner

Saunders, Thomas G.

Tom 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 litigation before the Federal Circuit and Supreme Court. He returned to the firm in 2008 after completing a clerkship for the Honorable Ruth Bader Ginsburg of the United States Supreme Court. 

Mr. Saunders also has significant experience in civil litigation involving the government and quasi-governmental entities. He regularly advises clients on constitutional matters, questions of public policy and strategy, and administrative law.

Publications & News

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May 13, 2014

Success at the Federal Circuit: WilmerHale Earns Five Victories in One Week

WilmerHale has just completed an extremely successful week at the Federal Circuit, receiving favorable decisions in five out of six patent cases concerning various legal issues.

January 23, 2014

Intel Corporation and Somaxon Pharmaceuticals Succeed at the Federal Circuit

Last week, WilmerHale won two appeals at the US Court of Appeals for the Federal Circuit–one for client Somaxon Pharmaceuticals and one for client Intel Corporation.

June 17, 2013

Partner Thomas Saunders Discusses Myriad Supreme Court Decision in Bloomberg Webinar

WilmerHale Partner Thomas G. Saunders served as a guest panelist on a Bloomberg Law Webinar to assess the June 13, 2013, Supreme Court opinion in Association for Molecular Pathology v. Myriad Genetics Inc.

March 15, 2013

Federal Circuit Reconsidering Claim Construction Standard of Review

The U.S. Court of Appeals for the Federal Circuit held in Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448, 1451 (Fed. Cir. 1998), that “claim construction, as a purely legal issue, is subject to de novo review on appeal.”

January 4, 2013

WilmerHale Announces the Elevation of Partners and Special Counsel

We are pleased to announce the elevation of our new partners and special counsel in 2013.

April 25, 2011

Patent Contempt - A Changed Standard

February 25, 2011

WilmerHale Achieves Record-Breaking Patent Ruling Reversal for Abbott Laboratories

March 17, 2010

WilmerHale Client TiVo Inc. Wins Ruling Against EchoStar Communications Corp.

December 9, 2009

Federal Circuit Hears Oral Argument in Ariad Pharmaceuticals v. Eli Lilly

January 2, 2004

Foreword to Symposium on School Finance Litigation: Emerging Trends or New Dead Ends?

An article by Tom Saunders and James E. Ryan, appearing in 22 Yale Law & Policy Review 463 (2004).

Recent Highlights

Mr. Saunders' recent experience includes:

  •  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 the world’s largest privately owned biotechnology company in a Federal Circuit appeal defending its $52 million verdict
  • Representing a top-ten pharmaceutical company in a Federal Circuit appeal from an ANDA judgment invalidating its claim to a new chemical entity that revolutionized the treatment of hepatitis B
  • Representing a major pharmaceutical company defending its favorable ANDA judgment in the Federal Circuit
  • Representing the licensee of a government patent defending the patent’s validity against a public use challenge
  • Representing a major agribusiness company in a Federal Circuit appeal defending a judgment awarding it attorney’s fees
  • Filing amicus briefs in the Supreme Court and the Federal Circuit on behalf of the Biotechnology Industry Organization on the scope of patentable subject matter under 35 U.S.C. § 101
  • Representing the Motion Picture Association of America in the Supreme Court and the Tenth Circuit its efforts to defend the constitutionality of the copyright restoration provisions in Section 514 of the Uruguay Round Agreements Act
  • Representing a consumer electronics company in the Federal Circuit and in en banc proceedings to defend its successful enforcement of a permanent patent injunction in contempt proceedings
  • Arguing before the Ninth Circuit on behalf of a prisoner who was sexually assaulted, leading to the reversal of the decision dismissing the prisoner’s claim
  • Submitting comments to the PTO regarding genetic diagnostic testing on behalf of a major biotechnology company
  • Representing a medical device manufacturer on appeal in the Federal Circuit from an ex parte reexamination
  • Filing a cert petition in the Supreme Court on behalf of a software company
  • Filing a cert opposition in the Supreme Court on behalf of a medical device manufacturer
  • Filing a cert petition in the Supreme Court on behalf of a chemical company
  • Filing an amicus brief on behalf of a major pharmaceutical company in the en banc Federal Circuit proceedings to determine whether 35 U.S.C. § 112 contains a separate written description requirement
  • Representing the pharmaceutical industry in its successful challenge to an unconstitutional statute regulating patented pharmaceuticals
  • Representing a software company in its Federal Circuit appeal from an award of attorney’s fees in patent infringement litigation
  • Defending agricultural commodity research and promotion programs against First Amendment and other constitutional challenges

Practices

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Education

JD, Yale Law School, 2004, Notes Editor, Yale Law Journal

AB, Social Studies, summa cum laude, Harvard University, 2000, Phi Beta Kappa

Bar Admissions

District of Columbia

New York

Clerkships

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