Thomas Johnston's practice focuses on patent prosecution and patent litigation. He has worked on matters involving various mechanical technologies, such as medical devices (e.g., electrosurgical devices, soft tissue repair devices, total knee implants, total hip implants and surgical instruments), ballistic resistant equipment, manufacturing equipment, consumer products and carrier silica. He has litigated matters throughout the country, including Massachusetts, Delaware, Oregon, Connecticut, New Jersey, Arizona and North Carolina. Mr. Johnston's patent litigation experience includes all aspects of litigation, including discovery, drafting of substantive briefs and trial. For example, Mr. Johnston represented a medical device manufacturer in several patent cases, including securing a preliminary injunction in one case. Mr. Johnston also has drafted appeal briefs for the Court of Appeals for the Federal Circuit. Mr. Johnston helped invalidate a competitor’s patent on appeal, thereby helping his client continue to manufacture its arthroscopic products in the United States. Additionally, he has experience in drafting opinion letters directed to issues of infringement and validity of patents.
Mr. Johnston’s prosecution experience includes drafting both patent applications and reexamination requests and prosecuting patent applications in the U.S. Patent and Trademark Office. He has worked on technology involving medical devices, consumer products and bullet-resistant technology.
Before joining Holland & Knight, Mr. Johnston worked for six years as a litigator and prosecutor at a law firm in Boston. His technical background includes 10 years as an engineer. During law school, he was a member of the Giles Rich Moot Court Team, finishing second in the nation in that competition.