Tom Makin is a partner in Shearman & Sterling’s Litigation group, and is based in New York. Tom focuses on intellectual property litigation, in federal and state court, in arbitration, and before the International Trade Commission. He participates in post-grant proceedings before the United States Patent and Trademark Office, and counsels clients regarding substantive patent law, patent valuation and licensing issues.
Tom represents plaintiffs and defendants across a wide range of technologies: vehicular safety, propulsion, infotainment, and control systems; semiconductor circuitry, fabrication, and packaging; lighting systems; rechargeable battery systems; fintech software; monoclonal antibodies; and medical devices.
In his most recent trial, Tom was lead counsel to Nichia Corporation in a three-patent ITC Investigation. After a week-long hearing, in which Tom directed Respondents’ main technical witness and cross-examined Complainant’s expert, the ALJ—and, ultimately, the Commission—found all patent claims not infringed, not supportive of a technical domestic industry, and/or invalid.
He has been recognized in a number of legal publications, including The Legal 500 and IAM Patent 1000. IAM Patent 1000 has noted: “His knowledge of case law is something to behold and he has a great imagination, always willing to look at things in different ways and come up with new ideas. He takes the time to understand your patents (and other intellectual property), and does things when he says he’s going to do them. He exhibits real mental fortitude.”
Tom’s clients have included: Nichia Corporation, Genmab A/S, Volkswagen, DENSO Corporation, SS&C Technologies Holdings, Inc., and Toyota Motor Corporation