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Thomas Creel

Thomas L. Creel, Esq.

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Case Manager
Garrett Feldman
T: 212-607-2765
F: 212-751-4099
620 Eighth Avenue, 34th Floor, New York, NY 10018

Thomas L. Creel, Esq. has served as an arbitrator specializing in intellectual property and technology disputes for more than 30 years. Mr. Creel is widely recognized for his expertise in resolving complex patent disputes and has handled dozens of proceedings concerning a broad range of technologies, including biotechnology, computer technology, medical devices, electronics and chemistry.

Previously, Mr. Creel was head of the Intellectual Property Litigation Practice Area as a partner at Goodwin Procter LLP. His experience as an arbitrator includes multiple appointments during his law firm practice. In 2008, Mr. Creel established an independent arbitration practice, where he continued to receive complex IP arbitration appointments from the ICC, AAA/ICDR and other domestic and international arbitral institutions.

Mr. Creel has litigated in courts throughout the United States and before the International Trade Commission. He is author of the treatise “Patent Claim Construction and Markman Hearings,” a seminal text in the arena of patent litigation that was first published in 2013 by the Practising Law Institute (PLI) and is updated yearly by Mr. Creel.

ADR Experience and Qualifications

  • Arbitrator in intellectual property and technology matters for more than 30 years
  • Listed on the approved arbitrator/mediator panels of the World Intellectual Property Organization, Center for Public Resources, Silicon Valley Arbitration and Mediation Center and the Chartered Institute of Arbitrators
  • Appointed by several federal district judges to serve as a special master in patent litigations to handle discovery disputes, attorney-client privilege issues, Markman hearings and summary judgement motions

Representative Matters

  • Chaired arbitration panels that decided patent claim construction, infringement, validity, enforceability and the meaning of various license agreement terms directed to computers and razors
  • Served as sole arbitrator in arbitrations deciding patent claim construction, infringement, validity, damages, interest and the meaning of contract terms directed to automotive electrical systems and breach of patent license agreement, enforceability of a non-compete clause and patent ownership concerning a medical device
  • Served as a special master in patent litigations pending in federal courts to make recommendation on patent claim construction and assertion of attorney-client privilege and attorney work product directed to video games and computer technology
  • Served on arbitration panels that decided various patent issues, including infringement, validity, antitrust, contract terms and royalties directed to contact lenses, smartphones, medical devices and pharmaceuticals, among others
  • Served as a neutral evaluator as to patent claim construction, infringement and validity directed to a customer product
  • Served on a mock arbitration panel in a major patent license dispute in the pharmaceutical area
  • Served on an arbitration panel to decide a trade secret claim directed to military equipment
  • Served on an arbitration panel deciding copyright infringement relating to photographs on a website; decided many domain name disputes as a sole arbitrator
  • Chairperson, Annual PLI Seminar, “How to Prepare and Conduct Markman Hearings and Claim Construction”
  • Member and past President, New York Intellectual Property Law Association
  • Member, New York City Bar Association, Patents Committee
  • Member, Chartered Institute of Arbitrators
  • Listed in Super Lawyers as an arbitrator, 2006–2007, 2009–2018
  • Listed in the Euromoney Guide to the World’s Leading Patent Law Experts,  the Euromoney Guide to the Leading Trademark Law Experts and Chambers USA: America’s Leading Lawyers for Business
  • Major publications include the following:
    • “Patent Claim Construction and Markman Hearings,” treatise revised yearly, Practising Law Institute
    • Editor, “Guide to Patent Arbitration,”  book, Bureau of National Affairs
    • “Use of Special Masters in Patent Litigation: A Special Master’s Perspective”, American Intellectual Property Law Association, Spring 1998 Quarterly Journal, with Thomas McGahren
    • “The Revolution in Preliminary Injunctions Against Patent Infringement,” The John Marshall Law Review, Vol. 24, 1, 1990
    • “Patent Systems and Their Role in the Technological Advance of Developing Nations,” Rutgers Computer and Technology Law Journal, Vol. 10, No. 2, 1985
  • Principal; Law Offices of Thomas L. Creel, P.C.; 2008–2018
  • Partner and Chair of Intellectual Property Litigation Practice Area, Goodwin Procter LLP, New York, 2001–2007
  • Partner and Co-Chair of the Patent Litigation Group; Kaye, Scholer, Fierman, Hays & Handler, LLP; New York; 1992–2001
  • Partner, Kenyon & Kenyon, New York, 1974–1992
  • Lecturer (patents and trade secrets), Columbia University School of Law, 1983–2001
  • Admitted to the bars of the U.S. Patent and Trademark Office, New York and Michigan, various U.S. District Courts, U.S. Court of Appeals for the Federal Circuit and other Courts of Appeals, and the U.S. Supreme Court
  • LL.B., University of Michigan Law School
  • B.S., University of Kansas

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    • Arbitration
    • Intellectual Property

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    This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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