Overview

As a senior member of the litigation group, Thomas R. Vuksinick’s vast experience as a litigator in major patent and IP disputes enables him to successfully advise clients in matters of unfair competition claims, patent and trademark infringement, false advertising, and employer/employee relations, including non-compete covenants. Mr. Vuksinick is also involved in negotiating and preparing intellectual property license agreements, opinions relating to patent infringement, non-infringement and patent validity.

Experience

Experience
  • International Prosecution of IP
  • Complex IP Litigation, Inter Partes Conflicts & Mediation and Arbitration
  • Patent and Trademark Infringement
  • Unfair Business Practices
  • Appeals before the U.S. Court of Appeals for the Federal Circuit
  • Licensing of Intellectual Property Rights, Including Patents, Trademarks, Copyrights, Trade Secrets, and Know How
  • Employment Agreements & Invention Ownership
  • Non-Competition Covenants
  • Non-Disclosure Agreements
  • Assignments of Intellectual Property Rights
  • Patentability Opinions
  • Patent Infringement Opinions
  • Defensive Opinions of Non-infringement and Design Around Strategies
  • Free Motion Fitness, Inc. v. Cybex Int’l, Inc., 423 F.3d 1343 (Fed. Cir. 2005) (vacating grant of summary judgment of noninfringement).
  • Ultradent Products, Inc. v. Life-Like Cosmetics, Inc., 127 F.3d 1065 (Fed. Cir. 1997) (affirming findings of infringement).
  • The Nautilus Group, Inc. f/k/a Direct Focus, Inc. v. ICON HEALTH & FITNESS, INC., United States District Court for the Western District of Washington at Seattle, Civil No. C-02-2420-RSM (summary judgment dismissing patent infringement claims.
  • Leisa Hancock v. Richard Paul Evans, United States District Court for the District of Utah, Civil No. 1:99CV-0068DB (summary judgment dismissing copyright infringement claims).
  • ICON HEALTH & FITNESS, INC. v. Bodyflex Manufacturing Group, United States District Court for the District of Utah, Civil No. 95: CV-0121G (preliminary injunction enjoining trade dress infringement).

Education

Education
  • J.D., magna cum laude, J. Reuben Clark Law School, Brigham Young University, 1979
  • B.S., Business, Brigham Young University, 1975

Admissions

Admissions
  • Utah State Bar
  • U.S. Circuit Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • American Bar Association

Achievements

Achievements
  • 2009 – 2018, The Best Lawyers in America®
  • 1979, J. Reuben Clark Scholar
  • 1979, Associate Editor, Brigham Young University Law Review

Memberships

Memberships
  • American Intellectual Property Law Association (AIPLA)
  • David K. Winder IP Inn of Court