Thomas Dunlap | Leesburg Intellectual Property Lawyer | Virginia
Thomas M. Dunlap
Patent, Trademark and Copyright Filings & Disputes
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Need a straight shooting, direct attorney who can explain, guide and protect? Tom’s practice focuses on patent, trademark, trade secret, commercial, business and government contracts disputes, litigation and transactions. Tom has authored numerous books, including Chapter 8 of the Virginia Lawyer’s Deskbook (Intellectual Property) (VA CLE 2013), IP Litigation for the Everyday Lawyer (2011), Speaking Objections (2009), Government Contracts – Bid Protests(2012). Tom just finished authoring and teaching the IP Jam Session- Patents, Trademarks, Copyright & Trade Secrets (2014) VA CLE. In addition to the state and Federal courts of DC, VA and MD, he is a member of the Court of Federal Claims, the Federal Circuit, the Veteran’s Court of Appeals, and the United States Supreme Court, where he presently has a case pending involving claims the False Claims Act (See United States ex rel. Carter v. Halliburton Co.)
|CEO (Interim)||Ceres Nanosciences, Inc.||Manassas, VA||8/8/2008 - 8/8/2011|
|Platoon Leader||US Army - 1-158th Cavalry (RECON)||N/A||4 years|
|Company Commander||US Army - •HHC, 1-116th Infantry BSTB||Fredericksburg, VA||2 years|
|Washington and Lee University School of Law||J.D.||Law School||1999|
|University of Maryland||MBA||Business||2012|
|University of Maryland||MS||Biotechnology||2011|
|Lafayette College||BA||English/ Theater||1994|
|State / Court||Date|
|Supreme Court of the United States||3/29/2004|
|Federal District Court for the Eastern District of Virginia||10/1999|
|District of Columbia||1/2001|
- •American Bar Association, Co-Chair Copyright Litigation Committee (2009-2012), Commercial Litigation, Antitrust & Intellectual Property Sections
•Attorney’s Arbitration Services, Arbitrator/ Mediator, Panel Member (2004 – 2012)
•Standard & Poor’s Vista Research – Society for Industry Leaders, Expert Panel Member (2001 – present)
•American Legion, Post 34 – Leesburg, Member (2002 – present)
•Veteran’s of Foreign Wars, Post 1777 – Leesburg, VA
•Virginia State Bar Association, Litigation, Business Law & Intellectual Property Law Section Member
•Maryland State Bar Association, Intellectual Property Law Section, Membership Committee (2006 – Present)
•Loudoun County Bar Association, Past President (2004), Board Member (2003, 2005)
•American MENSA (1998 – present) and Capitol M, Member (2001-present)
•Airplane Owners and Pilots Association (Panel Attorney)
•Rotary International (2004 – present)
•Shenandoah University – NOVA Advisory Board (2002-2004)
•LoudounCares Board Member (2005-2010)
•Loudoun Community Free Clinic, Board Member (2003 – present)
•Leesburg Executive Airport, Commissioner (2007 – present)
•Free Mason, Olive Branch Lodge and 32nd Degree Scottish Rite, Alexandria
•Washington DC Bar, Intellectual Property Section
Honors & Awards
- •NOVA Top 10 Lawyers, Northern Virginia Magazine
•Top 100 Power Lawyers in Entertainment, Hollywood Reporter (2010)
•Madison’s Who’s Who
•Virginia Super Lawyer, Rising Star 2008 – 2009, 2011-2014
•Washington DC SuperLawyer 2013, 2014
•Martindale-Hubbell Peer Rated
•Who’s Who in American Law
•Virginia Legal & Business Elite 2012, 2013
Swimways Corp. v. Zuru, Inc., No. 2:13CV334, 2014 U.S. Dist. LEXIS 98092 (E.D. Va. July 18, 2014)
Outcome: Judge Davis of the Norfolk Division of the EDVA found, as a matter of law, that a patent was either anticipated or rendered obvious by the prior art. Summary judgment for the Defendant (our client) Zuru, LLC invalidating the patent.
MIZ Engineering, Ltd. v. Avganim, et al., Case No. 2:2005cv00722 (2005-2007) - Eastern District of Virginia Federal Court
Filed and prosecuted patent infringement claims, trademark infringement (Lanham Act) and Virginia Business conspiracy claims on behalf of a Virginia distributor and Chinese-based manufacturer against Israeli and California based distributors. Defended various counterclaims, including RICO, fraud and an anti-trust counter claim, which winning decision was noted as a “2007 Most Important Case of the Year” by the American Bar Association Section for Antitrust.
Titan Atlas Manufacturing, Inc. v. Sisk, Case No. 1:11cv00012 , (2010-2012) - Western District of Virginia Federal Court
Prosecuted patent infringement claims for Titan Atlas Manufacturing, Inc. involving technology licensed from Entwicklungs- und Verwertungs-Gesellschaft M.B.H., for a prefabricated construction panel used to construct mine ventilation overcasts. Defended Declaratory Judgment Counterclaim, Markman hearings and claims construction.
Buffalo Wings Factory, Inc. v Mohd et al., Case No. 1: 07cv612 (2008) - Eastern District of Virginia Federal Court
Successfully prosecuted claim on behalf of Buffalo Wings Factory against former employees and competitors for theft of trade secrets, conspiracy, trademark infringement, and copyright infringement. Argued underlying Virginia State Court case which is the only Virginia State law case on concurrent trademark jurisdiction claims (2006).
Multiple copyright infringement cases on behalf of film makers for piracy and copyright infringement of major motion pictures, including Hurt Locker (Voltage Films), The Mechanic and Conan (Nu Image Films). (2007- 2012).
In re U.S. Department of Justice, Antitrust Division, Investigation
Successfully represented a United States Department of Defense government contractor accused of improperly soliciting a $45 million U.S. Department of Defense contract to provide physical security services in Afghanistan. Despite facts suggesting the a former management-level employee of the client had engaged in improper conduct, we were able to secure a dismissal of the grand jury investigation with no further action through negotiations and meetings with the United States Attorneys conducting the investigation upon convincing government officials that the officers of our client were unaware of the former employee’s conduct and were not complicit in his activities.
In re: World Airways, Inc., Government Accountability Office (GAO), Case B-402674, (2010)
Bid protest on behalf of incumbent contractor World Airways, Inc. on the award of five contracts for $485 million under a request for proposals (RFP), issued by the United States Transportation Command, Department of Defense, for air cargo transportation services of five fixed-price indefinite-delivery indefinite-quantity (ID/IQ) contracts, for a base period of one year with one one-year option for international commercial air cargo transportation services within the United States Central Command (CENTCOM).
Newtech Research Systems, LLC v. United States, Court of Federal Claims, Case 10-140C (2011)
Prosecuted claim against US Navy and United States on behalf of Newtech alleging the Navy failed to reimburse Sonetech for costs it incurred during contract performance, made a unilateral modification to Sonetech’s contract by reallocating and diverting funds designated for the contract to one of Sonetech’s competitors.
United States ex rel. Benjamin Carter V. Halliburton Co.; Kellogg Brown & Root Services, Inc.; Service Employees International, Inc.; KBR, Inc., Case No. 12-1011 (2013) 4th Circuit Court of Appeals.
Prosecuted Qui Tam Whistleblower claims (False Claims Act (FCA), 31 U.S.C. § 3729) of Carter in Federal Court and successfully appealed lower court ruling to 4th Circuit Court of Appeals alleging fraudulent billing of the United States for services provided to the military forces serving in Iraq. Appellate court reversed district court’s decision that it lacked subject matter jurisdiction over Carter’s claims because of the False Claims Act’s first to-file bar, 31 U.S.C. § 3730(b)(5). The district court also held that Carter’s complaint had been filed beyond the six-year statute of limitations in the FCA and was not tolled by the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, which the court ruled does not apply to nonintervened qui tam cases.
- •IP Jam Session – Patents, Trademarks, Copyright and Trade Secrets, VA CLE (2014)
•Virginia Lawyer’s Deskbook – Chapter 8 – Patents, Copyright & Trademark, Virginia CLE (2013)
•IP Litigation for the Everyday Lawyer, Virginia CLE (2013)
•Electronic Evidence in Torrent Copyright Cases, Digital Evidence and Electronic Signature Review, Pario Communications, Bedfordshire, UK (2011) (pp.171-178)
•How to IP – Basics of Filing and Protecting Trademark, Patent and Copyright – Virginia CLE (2011)
•Online Defamation, Sports & Entertainment Law CLE, Rossdale CLE (2012)
•Mastering Sports, Entertainment, & Art Law, Rossdale CLE (2013)
•Speaking Objections, Virginia CLE (2009)
•Authentication and Admission of Electronic Evidence in State and Federal Courts, Virginia CLE (2009)
•E-Discovery: Implications, Duties and Consequences, Digital Evidence and Electronic Signature Review, Pario Communications, Bedfordshire, UK (2008) (pp.197-202)
•Electronic Signature Laws: Chapter 8: E-Sign & UETA – Electronic Signatures in the United States, Lexis-Nexis Butterworths, UK (2008)
•eDiscovery: Obtaining & Preserving Digital Evidence in Federal Court, MIS TI Europe Journal, London, UK (2007)
•Best Practices & Winning Legal Strategies for New Technology & Privacy Issues, ReedLogic, (2006)
•Intellectual Property for Small Business, SBDC (2005 – 2011)
•Avoiding Small Business Litigation, Red Eagle Publishing, (2004)
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|Verified Credentials||Date Verified|
|(1999) Licensed as Attorney in Virginia. Verified with Virginia State Bar.||October 07, 2014|
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As the lawyer to lawyer teacher of the IP CLE for Virginia Lawyers and a 10.0 AVVO rated attorney in a firm with global reach I have the experience and background to handle your IP issues. Please see www.dunlapweaver.com/tomdunlap
Fee:Fixed fee for patent, trademark, copyright prosecution/ filing and most office action responses. Fixed fee for corporate filings. Hourly fees for patent litigation, trademark litigation and most disputes and custom drafting projects.
211 Church St SE
Leesburg, VA 20175
5335 Wisconsin Avenue NW, Suite 440
Washington, D.C. 20015
2307 East Broad Street, Suite 301
Richmond, VA 23223
London, EC2V 5AE
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