Thomas P. O'Brien, III

T 502.568.0205
F 502.581.1087
400 West Market Street
Suite 3200
Louisville, Kentucky 40202-3363

In a diversified practice, Tom practices in the Firm's intellectual property and business litigation groups. Tom represents corporations, large and small, and entrepreneurs in a variety of areas including patent, trademark and copyright infringement suits, trade secret actions, complex commercial litigation matters, unfair competition and franchise litigation. Tom was a member of the trial and appellate teams in a substantial patent infringement victory and judgment in excess of $31 million, in Minco, Inc. v. Combustion Engineering, Inc., 95 F.3d 1109, 40 U.S.P.Q. 2d 1001 (Fed. Cir. 1996). Tom successfully represented a party before the U.S. Court of Appeals for the Sixth Circuit, upholding settlement terms in a patent infringement matter.  Info-Hold, Inc. v. Trusonic, Inc., 538 F.3d 448 (6th Cir. 2008).

More recently, Tom has led litigation teams in federal court proceedings relating to patent, trademark, and copyright infringement actions, as well as misappropriation of trade secrets and commercial litigation matters. Tom was part of a team that secured summary judgment on substantial Lanham Act counterclaims. Caudill Seed and Warehouse Co., Inc. v. Jarrow Formulas, Inc., 161 F.Supp.3d 513 (W.D.KY 2015).

Tom's clients include international clothing retailers, a national pizza franchiser, national radio and media companies, a casual furniture manufacturer and distributor, an international sports cover manufacturer, an international sports surface and turf manufacturer, a prepaid wireless provider, a national sporting goods retailer, agricultural seed growers, a health supplemental manufacturer, and financial services companies.

Tom also has substantial experience representing telecommunications sector entities in federal and state litigation as well as regulatory proceedings.

Highlights & Recognitions

  • Featured story: FBT rallies in support of local arts organizations
  • Practice Group named among Top 10 Patent Litigation Firms in the United States by Managing Intellectual Property
  • Chambers USA, Intellectual Property, 2008-2017
  • AV® Rated, Martindale-Hubbell®
  • Selected for inclusion in Kentucky Super Lawyers®  2007, 2010-2016
  • The Best Lawyers in America, Litigation - Intellectual Property, 2016-2019
  • Benchmark Litigation®  mentioned in Kentucky, 2011

Memberships & Affiliations

  • American Bar Association
  • Kentucky Bar Association
  • Louisville Bar Association
  • Federal Bar Association
  • Intellectual Property Owners Association (Former)

Press Releases

Civic & Charitable Organizations

  • Louisville Zoo Society/Friends of The Louisville Zoo, Board of Directors, 1999-2009; President, 2005-2009; Vice President, 2003-2005
  • Louisville Zoo Foundation, Board of Trustees, Member, 2005-2009
  • Bellarmine University, Board of Overseers, Member, 2007-present; Chairman, 2015-present; Vice-Chairman, 2013-2015; Executive Committee, 2010-present
  • Kentucky Opera, President, 2011-2013; Board of Trustees, 2009-present
  • Fund for the Arts, Board of Directors, Member, 2011-2013
  • Leadership Kentucky, Class of 2008
  • Leadership Louisville, Class of 2007 (Leadership Louisville Center)
  • Ignite Louisville, Class of 2005 (Leadership Louisville Center)
  • Building Futures Foundation, Founding Member, Board of Directors, 2005-2008
  • Washington and Lee University Alumni Association, Louisville Chapter, Board of Directors, 1998-present
  • Washington and Lee University Annual Fund, Class Agent, 1995-2007; 2008-present
  • Metro United Way, FBT Campaign Committee, 2007-2011
  • Fund For The Arts, Chair, FBT Campaign, 2007-2013
  • Boy Scouts of America, Lincoln Heritage Council Golden Eagle Campaign, 2006-2010

Non-FBT Publications and Events

Speaker and Panelist: "Federal Civil Litigation in Kentucky"
Lorman Business Institute, September 1996

Speaker and Panelist: "Federal Civil Litigation in Kentucky"
Lorman Business Institute, November 2000

Speaker: "Ethical Issues in the Electronic Age and Recent Changes to the Federal Rules of Civil Procedure," May 2007

Other Contact Info




Karen Lovan
T 502.779.8674