Mike Tomasulo’s practice focuses on high-stakes intellectual property litigation and counseling for a wide array of entertainment and technology clients. Mike has appeared in more than 60 patent cases throughout the country, including the Federal Circuit, all California district courts, the Eastern District of Texas, the Northern District of Illinois, and the District of Delaware. Mike has trial experience before the Patent Trial and Appeals Board and the U.S. International Trade Commission.
Since joining Winston in 2012, Mike has represented leading companies in the videogame industry (Epic Games, Take-Two Interactive Software, PUBG, 2K Sports, Rockstar Games, Electronic Arts, Nintendo, Nvidia), cloud computing (VMware, Cloudera), social media (Snap), the medical device industry (Medtronic, Smiths Medical), and the LED/semiconductor industry (Everlight Electronics, Inc., Emcore Corp.).
His clients have said he “is never fazed, no matter what comes up” and that “he’s great at organizing a team around him so he can focus on the most important decisions.” They have complimented his client service, stating he “really understands what client service is all about [and] saves his clients considerable money.” Mike's client service was highlighted for, "keep[ing[ in-house teams looped in and fully informed and involved in their cases." (IAM 2014, 2015, 2017, 2018, 2020)
His litigation matters have involved a wide range of technologies, including various aspects of video game technology, networking technologies, cloud computing, virtual networks, semiconductors, flash memory controllers, Internet search and database management technology, software patents, gamma ray inspection equipment, high-brightness LEDs, computer hardware emulation, mechanical equipment, balloon catheters, infusion pumps, medical devices, yoga pants, and biotechnology. His clients have praised his ability to understand their technology and find sensible solutions, noting that Mike “fully appreciates what our engineers do and provides legal solutions that enable us to compete effectively in our marketplace” and that he "[p]erformed well in . . . technically dense PTAB matters." (IAM 2014, 2019)
In addition to his patent litigation experience, Mike has served as lead counsel or co-lead counsel in numerous trade secret, copyright, and trademark litigations, as well as in two breach of contract arbitrations, including an international dispute litigated simultaneously in Canada and in the United States before the International Center for Dispute Resolution.
Mike also has donated his time as a court-appointed attorney settlement officer for patent litigation matters in the Central District of California. This experience has proved invaluable in helping him achieve early, cost-effective settlements for his clients. To that end, his clients have said that he is “[g]reat at dealing with opposing parties and sets a civilized tone.” (IAM Patent 1000 2014)
Theres no doubt about it. Convincing the PTAB to institute an inter partes review today is getting tougher. Its no longer enough to just find killer prior art and draft a strong petition. With the rise of decisions like NHK Spring and Fintiv, now pet...