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Provided by Thomas L Jarvis

USA

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Tom Jarvis chairs Winston’s ITC practice and has the highest-level rankings in all the major ranking directories. Clients say he is “a terrific lawyer and a highly valued partner,” Chambers USA highlights his “depth of knowledge second to none,” and he was named to the inaugural Legal 500 Hall of Fame for ITC patent litigation. Tom is a former Senior Investigative Attorney at the ITC. Over the past 34 years, Tom has totaled more than 150 trial days as lead trial counsel across more than 60 ITC Section 337 cases.

Tom has a top-tier rating for his ITC representation of an “array of technology sector clients” (Chambers USA), including leading designers and manufacturers of telecommunications equipment, smartphones, microprocessors, digital signal processors, memory device, networking equipment, semiconductor fabrication processes and packaging, and various operating systems and application software. His ITC cases also extend to diverse technologies such as medical devices, industrial equipment, design automation tools, alkaline batteries, and a wide variety of consumer products. Chambers USA praises Tom’s “excellent track record at the ITC” and describes him as "an expert at the unique procedures of the ITC and very in tune with the mindset within the ITC."  He is warmly lauded by commentators, who say that “the ITC is a high-stakes, high-pressure environment and Tom is a master of that environment. He makes everything run smoothly, from pre-litigation work to post-trial procedures" (Chambers USA).  

At Winston, Tom has led a successful Comcast ITC defense against Rovi/Tivo through trial, two Ericsson ITC cases against Apple that included a trial resulting in a settlement, and two Taiwanese semiconductor company cases against Spansion that settled favorably after trial in the ITC; defended Ericsson in the ITC against Adaptix/Acacia; and supervised a variety of smaller cases. Previously, Tom led the defense of Research In Motion (BlackBerry) that invalidated the Kodak patent that had earlier extracted about $1 billion in royalties from Korean cell phone manufacturers in a prior ITC case. He also led multiple HTC, S3 Graphics, and VIA Technologies cases through trial against Apple.  Tom has also represented Action Semiconductor, Atheros, BIAX, Broadcom, Everex, Gold Peak, Hitachi, LG, Nikon, Nippon Steel, Seoul Semiconductor, Sony, Tate & Lyle, and Tyco in patent litigations at the ITC.

Tom’s working knowledge of litigating the most advanced technologies includes the following:

Telecommunications industry: smartphones: 2G, 3G, and 4G wireless networks and devices, eNodeB switches and radios, pico cells, LTE (including OFDMA), GSM (including TDMA and FDMA), UMTS (including CDMA), MIMO, HARQ, uplink scrambling, convolutional coding, Bluetooth, VoIP, Wi-Fi calling, cellular/Wi-Fi channel selection, security key cryptography, speech coding (codec), smart batteries, still and video image processing, and the Internet of Things (IoT)

Computer industry: microprocessors, graphics processors, bridges, memory, data compression, Wi-Fi, CD-ROMs, controllers, touch screens, image processing, hardware logic emulation, password encryption hardware, repeaters, switches, packet switched networks, GPS, cable set-top boxes, program guides, x86 and ARM instruction sets, and power amplifiers

Semiconductor industry: photolithography, plasma etching, chemical/mechanical polishing, transistor structures (MOS, CMOS, NMOS), diodes, capacitors, interface structures, stacked layouts, die bonding, packaging (plastic encapsulation, DIP, PGA, surface mount, BGA), charge pumps, stepped voltage generators, solid state lighting (LED, laser diodes), CMOS sensors, FPGAs, electrical test equipment, and wafer testing

Memory industry: DRAM, SRAM, ERPOM, ROM, flash memory, and non-volatile memory

Chemical and consumer products industry: alkaline batteries, Splenda (sucralose), refrigerators, and baby diapers

Previously, Tom was a Senior Investigative Attorney at the ITC where he litigated patent cases for 10 years in the ITC’s Office of Unfair Import Investigations. While there, Tom designed the Commission’s first-generation Electronic Document Information System (EDIS) that tracks all documents filed with and issued in all investigations and designed and coded the Commission’s first-generation Unfair Import Investigations Information System (337Info), both of which are the foundations of the ITC’s current online services.

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