Jeffrey T. Thomas, Co-Partner-in-Charge of the Orange County office of Gibson, Dunn & Crutcher, joined the firm in 1983.  A member of the firm's Litigation Department, a co-chair of its firm-wide Litigation Practice Group and a member of the IP and Antitrust Practice Groups, Mr. Thomas has extensive experience in antitrust, patent, unfair competition and general commercial litigation.

Mr. Thomas has handled numerous significant antitrust cases for major airlines, manufacturing companies and distributors.  Several of these cases have resulted in jury verdicts and appellate decisions in the clients' favor.  In the intellectual property area, he has represented major clients of the firm in patent and trade secret litigation, including trials that resulted in verdicts in favor of the firm's clients.  He has also successfully argued antitrust and intellectual property issues to the Ninth and Federal Circuits.  He is a co-author of Ross, Intellectual Property Law, Damages and Remedies (Law Journal Press, 2000).  Mr. Thomas has also successfully represented clients of the firm in several landmark land use cases involving challenges to government restrictions of landowner rights, as well as breach of contract and business tort cases.

Mr. Thomas received a bachelor of arts degree in political science from the University of California at San Diego in 1979.  He graduated magna cum laude in 1982 with a law degree from the University of San Diego School of Law, where he served as Comments Editor of the San Diego Law Review.  Prior to joining Gibson, Dunn & Crutcher, Mr. Thomas served as a law clerk to the Honorable Gerald Brown, Presiding Justice of the California Court of Appeal, Fourth District, from 1982 to 1983.

Mr. Thomas is a member of the Board of Directors of the Orange County Business Council, and is the 2007-08 President of the University of San Diego School of Law Alumni Board of Directors.  He is a member of the California and Orange County Bar Associations, and is admitted to practice in several federal district courts and circuits, including the Federal Circuit. 

Mr. Thomas was selected by the southern California legal community for the 2009 edition of The Best Lawyers in America and was recently named one of the Top 50 Lawyers in Orange County by Los Angeles Magazine.

The following is a representative sample of Mr. Thomas' cases.

Intellectual Property

• McKesson Information Solutions, Inc. v. TriZetto, Inc.  Patent infringement action in which our client was the accused infringer.  Summary judgment of noninfringement was obtained for our client on 15 of the 17 asserted claims.  A summary judgment motion based on invalidity was then filed as to the two remaining claims, at which point the plaintiff agreed to settle and grant our client a license.
• MacLeod v. Hewlett-Packard Co.  Patent infringement action in which our client was the accused infringer.  Action was settled on terms extremely favorable to the client.
• Allergan Medical Optics v. Staar Surgical Co.  Patent infringement action in which the client was the patentee plaintiff.  Successfully tried to a jury, which rendered a verdict in the client's favor.
• Callaway Golf Co. v. Dunlop Slazenger Group Americas, Inc., dba Maxfli.  Trade secret misappropriation and false advertising case, successfully tried to a jury, which returned a verdict in the client's favor.
• Staar Surgical Company v. Microtech, Inc.  Action involving ownership of a patent.  Summary judgment granted in favor of the client and subsequently affirmed by the Ninth Circuit. 
• American Bioscience v. Florida State University.  Action involving infringement, validity and ownership of a patent.  Following a bench trial, a judgment was entered in the client's favor, which was subsequently affirmed in part and reversed in part by the Federal Circuit.
• Allergan, Inc. v. Pharmacia.  Patent infringement action in which the client was the plaintiff patentee.  Action settled shortly before trial, pursuant to which defendant agreed to pay substantial royalties to the client. 
• Allergan, Inc. v. Bausch & Lomb.  Patent infringement action in which the client was the plaintiff patentee.  Action was settled favorably for the client. 
• Pharmacia v. Allergan, Inc.  Patent infringement action in which the client was the defendant and alleged infringer.  Action settled one day before trial, pursuant to which the client received a license to the patent-in-suit.
• OMNI Products, Inc. v. American Concrete Products Co.  Patent infringement action in which the client was the plaintiff patentee.  Settlement agreement reached, pursuant to which defendant agreed to pay royalties to the client.
• Lobob Laboratories, Inc. v. Allergan, Inc.  Patent infringement action in which the client was the defendant and alleged infringer.  Shortly before trial, plaintiff agreed to dismiss its claims.
• Perfect Putter Co. v. Callaway Golf Co.  Patent and trade secrets action in which the client was the defendant.  Action settled pursuant to an agreement under which the client acquired all rights to the patents-in-suit for a small fraction of the amount sought by plaintiff.

Antitrust

• Northwest Airlines v. American Airlines.  Monopolization case in which the plaintiff sought damages from our client in an amount in excess of $1 billion.  The action was tried to a jury, which returned a defense verdict in the client's favor. 
• Continental Airlines v. American Airlines.  Predatory pricing case in which the plaintiff sought damages from the client in an amount in excess of $1 billion.  Case was tried to a jury, which returned a defense verdict in favor of the client. 
• Coatings Resources Corp. v. Akzo Coatings.  Predatory pricing and unfair competition action in which the client was the defendant.  The Court entered summary judgment in favor of the client, which was subsequently affirmed by the Ninth Circuit.
• In re Methionine Antitrust Litigation.  Multidistrict class action and multiple "opt-out" direct purchaser actions involving alleged price-fixing and cartel behavior.  Damages against the defendants sought in an amount in excess of $1 billion.  Case was successfully mediated and settled.
• Clayworth, et al. v. Pfizer, Inc., et al.  Cartwright Act case in which plaintiffs allege defendants, including the client, entered into anticompetitive agreements to maintain artificially high prices.  Action is currently pending.

Unfair Competition

• Fairley v. Fleetwood Enterprises.  Class action filed against the client, in which plaintiffs alleged that consumers were given misleading information about the client's products, including a claim under California Business & Professions Code Section 17200.  Action was successfully mediated and settled.
• Coatings Resource Corp. v. Akzo Coatings.  Action filed pursuant to California Business & Professions Code Section 17200, in which plaintiff alleged the client's pricing practices constituted unfair competition.  Summary judgment was entered in the client's favor, and was subsequently affirmed by the Ninth Circuit. 
• Bothwell, et al. v. Akorn, Inc., et al.  Action filed under Business & Professions Code Section 17200, in which plaintiffs allege that the defendants' labeling was incomplete and inaccurate.  Action is currently pending.
• Clayworth, et al. v. Pfizer, Inc., et al.  Action filed under Business & Professions Code Section 17200, in which plaintiffs allege defendants engaged in unlawful and unfair trade practices by entering into agreements designed to artificially raise prices.  Action is pending.

Other Business Litigation

• Tracker Marine Co. v. Fleetwood Enterprises.  Breach of contract and fraud action in which the client was defendant.  Case was successfully tried, with judgment being entered in the client's favor.
• Security Trust Co. v. Union Federal Bank.  Breach of contract action, in which plaintiff alleged the client had not honored the payment terms of the agreement.  Case was successfully tried, with a judgment being entered in the client's favor.
• Building Industry Ass'n v. City of San Clemente.  Action in which the client challenged the constitutionality and legality of land use regulations adopted by the defendant City.  Judgment was entered in the client's favor, which was subsequently affirmed by the California Court of Appeal in a published decision.
• Lloyd's of London v. American Sterling Co.  Dispute involving coverage and premiums provided for by reinsurance agreements.  Case was successfully tried, with a judgment being entered in the client's favor.
• Underwriters Ins. Co. v. Pro-Guard Int'l.  Breach of contract and fraud action, which was tried to a jury.  The jury returned a verdict that included partial judgment for both parties, and the action subsequently settled. 
• Lewis Homes v. City of La Verne.  Action in which the client challenged the legality of the defendant City's refusal to grant development entitlements.  Action was successfully settled, pursuant to which the City granted the requested entitlements. 
• Lewis Homes v. Fontana Unified School District.  Action in which the client challenged the legality of certain school fees imposed by the defendant.  Action was successfully settled when the defendant reduced the fees in question.
• Lockheed Martin Co. v. Riverside County Habitat Conservation Agency.  Action in which the client challenged the legality and constitutionality of actions taken by the defendant pursuant to the Endangered Species Act.  Case was successfully settled pursuant to which the client's real property was purchased. 
• John Laing Homes v. Donald T. Sterling.  Breach of contract and fraud action.  Case settled one day before trial, pursuant to which client received 100% of the amount demanded.