Skills & Practice

Tomís experience and skill set runs the entire spectrum of legal, research, business development, and transactional.

Tom typically reports directly to senior management, usually the CTO or CEO.  He works directly with technical officers and engineering staff to identify and protect those assets, and with senior management to commercially exploit those intellectual property assets. 

R&D. Tom tracks architecture and design work with competitive goals in mind: product differentiation, licensing, infringement, validity and design-around with regard to third-party patents. He has R&D experience this in chip design and validation tools, enterprise software, network architecture, open source systems, development tools, databases, and media devices and software.  Tom has also done R&D work in a variety of product, services, and standards-based settings.

General Counsel Pro Tem.  Tom helps technology companies to manage their legal services from outside firms. This saves clients money directly as they engage in and manage IP, transactional, litigation, and financing work. 

Investment. Tom works with all of Kindlingís clients to pursue successful investment and exit events.

Technical and Competitive Business Development. Tom has relevant expertise in competitive analysis and business development in various technology fields:

    • computer software, including e-commerce, Internet applications, new media, and enterprise software;
    • hardware, including semiconductors, telecommunications, and networking systems;
    • media and imaging;
    • encryption, privacy and security systems; and,
    • databases, storage systems and business informatics. 

Intellectual Property Asset Creation and Management. Tom counsels technologists on the creation of patents and other forms of intellectual property and their use as strategic business assets.

Tom supports technology companies in evaluating, securing and exploiting intellectual property assets.  He specializes in the development and commercial exploitation of intellectual properties: the patents, trade secrets, trademarks and copyrights that derive from high technology R&D practices and business.   Some of those intellectual property management practices for clients:

    • define and manage trademark programs;
    • define and manage trade secret and patent assets;
    • negotiate and draft technology licenses, consulting and development agreements, outsourcing arrangements, joint ventures, strategic alliances; and,
    • delineate intellectual property assets and establish valuation for mergers and acquisitions, initial public offerings, and corporate financings.

Litigation Management. Tom also manages intellectual property and business disputes for innovative technical companies, as a strategic operation.  This is a unique practice that enhances managementís ability to understand and drive a litigation matter strategically, and that ensures that key corporate issues in the litigation are directly understood and managed by the litigation team, including cost, strategic outcomes, and protection of key assets and information. 

Working directly with company management, Tom identifies the sources of the dispute, establishes parameters for success and settlement, hires and directs appropriate outside litigation firms to represent clients in major disputes involving patent, trademark, and copyright infringement, trade secret misappropriation, and related business torts.  This is a time and money-saving practice: Tom can help when you need a second opinion on a complex litigation, experienced management for your case, or a technically adept counselor on your team.