Thomas Hedemann focuses his practice on intellectual property and commercial litigation. His experience ranges across all aspects of litigation from pre-litigation counseling and strategy through fact and expert discovery, dispositive motions and trial. Thomas also has significant appellate experience before the Federal and Second Circuit Courts of Appeals.
In the area of intellectual property, he has represented clients in cases involving diverse technologies, specializing in pharmaceutical cases brought under the Hatch-Waxman Act. In the area of commercial litigation, he has represented clients on matters involving supply contracts, employment contracts, insurance claims and various business torts. Before joining Axinn, Thomas served as a law clerk to the Honorable Alfred V. Covello of the United States District Court for the District of Connecticut.
Thomas is an Adjunct Professor at the University of Connecticut School of Law where he teaches patent litigation. He is also active in the community and serves on the board of Capitol Squash, which seeks to provide underprivileged students with life-changing opportunities through the sport of squash, intensive educational support, mentoring and community service activities.
- Connecticut Bar Association
- American Bar Association, Section of Intellectual Property Law
- Obtained summary judgment of noninfringement on behalf of Alvogen in a Hatch-Waxman litigation involving a generic version of the Exelon dementia treatment patch.
- Obtained a dismissal of all claims against Nautilus, Inc. in a case involving allegations of indirect trademark and copyright infringement.
- Successfully briefed an appeal on behalf of pharmaceutical company Natco involving a generic version of Tamiflu®, obtaining a reversal of the trial court’s holding that a later-issued but earlier-expiring patent cannot serve as a double-patenting reference against an earlier-issued but later-expiring patent.
- Represented Fila against infringement allegations involving utility and design patents and, after fact discovery and inventor depositions, obtained an advantageous settlement.
- Obtained summary judgment that the asserted patent was invalid for obviousness, and successfully briefed the appeal affirming the summary judgment on behalf of Mutual Pharmaceutical Company.
- Obtained a favorable resolution for pharmaceutical company Actavis of a multibillion-dollar patent infringement claim by Pfizer relating to a generic version of Neurontin®. Thomas’s work on the case included designing and implementing a strategy using Pfizer’s admission of unlawful off-label promotion to dramatically reduce the potential damages, resulting in a key ruling on a motion in limine that he authored.
- Obtained dismissal of state court claims and, after fact discovery and inventor depositions, an advantageous settlement on behalf of Custom LeatherCraft in patent litigation involving tool carriers.
- Successfully briefed an appeal on behalf of Northwestern Mutual Life Insurance, obtaining affirmance of the trial court’s summary judgment of the plaintiff’s breach of contract and related claims.
- Recognized by the New York State Bar Association’s Empire State Counsel Program for significant pro bono work.
- Axinn Leads Alvogen to Victory in Hatch-Waxman Case for Generic Zohydro®
- PTAB Institutes Two Inter Partes Review (“IPR”) Petitions Filed by Axinn Against Shire’s Patents for ADHD Drug Mydayis®
- Axinn Files IPR Petitions Challenging Patents on Shire LLC’s Drug Mydayis®
- Axinn Successfully Argues for Claim Construction in Mayne v. Merck
- Axinn Protects Client Endo Pharmaceuticals Inc.’s Approval for Generic Valcyte®
- Axinn Promotes Rachel Adcox and John Tanski to Partner; Thomas Hedemann to Counsel
- Axinn Obtains Fourth Circuit Victory in Generic Celebrex® Case
- Axinn Successful In Protecting FDA Approval for Client Endo Pharmaceuticals Inc.
- Axinn Granted Summary Judgment in Delaware Federal Court
- Axinn Wins Dismissal of Trademark and Copyright Infringement Complaint
- Federal Circuit Rules for Axinn Client in Tamiflu Patent Appeal
- Axinn Attorneys Honored for Significant Pro Bono Service
- Axinn Wins Summary Judgment on Behalf of Mutual Pharmaceutical Company
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- 3 Takeaways From the Latest Ax of a Diagnostic Patent, Law360, February 12, 2019
- CAFC Hands Mayo Another Win; Newman Cites "Inconsistencies", BioWorld MedTech, February 8, 2019
- Method-of-Treatment Patent Eligibility: Step 1 and Done?, Law360, February 5, 2019
- Fed. Circ. Reins In Reach Of Double-Patenting Doctrine, Law360, December 14, 2018
- Older Patents Get Help As Federal Circuit Sides With Novartis In Gilenya, Everolimus Disputes, Pink Sheet, December 10, 2018
- Tempest in a Teapot: Gilead v. Natco Is No Sea Change in the Doctrine of Obviousness-Type Double Patenting, Spring 2015
- Rule Against Double Patenting Regains Lost Luster, The National Law Journal, September 8, 2014
- BIO, PhRMA Ask Fed. Circ. To Revisit Double-Patent Ruling, Law360, July 14, 2014
- Brand's Off-Label Promotion: Valuable Tool for Generics, Law360, December 31, 2011
- Raising the Bar of Patentability, Conneticut Law Tribune, April 21, 2008
- What is Patentable?, IP Law and Business, October 2007
- The Political Import of Intrinsic Objections to Genetically Engineered Food, Journal of Agricultural and Environmental Ethics, January 2005. Coauthored with Robert Streiffer
- Health Inequalities and Why They Matter, Health Care Analysis 10 (2002): 177-91. Coauthored with Dan Hausman and Yukiko Asada
- A Problem with the Individual Approach in the WHO Health Inequality Measurement, International Journal for Equity in Health 2002, 1:2 (2002). Coauthored with Yukiko Asada
- JD – Yale Law School (2005) Articles and Submissions Editor, Yale Journal of Health, Law, Policy, and Ethics (2002–2004)
- MA – University of Wisconsin (2001)
- BA – University of Oslo, Norway (1997)
- US District Court of Connecticut
- US Court of Appeals for the Federal Circuit
- US Supreme Court