Daniel J. Thomasch

Co-Chair, Product Liability Group at Gibson, Dunn & Crutcher LLP

Daniel J. Thomasch

Daniel J. Thomasch

Co-Chair, Product Liability Group at Gibson, Dunn & Crutcher LLP

Biography

Daniel J. Thomasch is a litigation partner in Gibson, Dunn & Crutcher’s New York office, and Co-Chair of Gibson Dunn’s Life Sciences Practice Group. Mr. Thomasch represents clients in complex, high-value cases spanning a broad array of practice areas.

Mr. Thomasch is a Fellow of the American College of Trial Lawyers, and serves as Vice Chair of the College’s Federal Rules of Evidence Committee. Mr. Thomasch has tried cases to verdict in federal and state courts in New York, Delaware, Maryland, Virginia, Tennessee, Florida, Colorado, Texas and Nebraska. Mr. Thomasch’s appellate experience includes oral arguments in the United States Court of Appeals for the Second, Third, Sixth, Ninth, Eleventh and Federal Circuits and the highest courts of New York, Georgia and Maryland. Mr. Thomasch is regularly asked to assume lead responsibility for ongoing matters in which developments such as unfavorable pretrial rulings have significantly increased the stakes of the litigation and/or diminished the likelihood of success at trial, and he has a record of consistent success in those situations.

Mr. Thomasch has been recognized by Lawdragon as among the "Top 500 Lawyers" and as one of the "500 Leading Litigators." He was named an "IP Star" by Managing Intellectual Property magazine, and a "Life Sciences Star" in the inaugural publication of LMG Life Sciences 2012, and in each subsequent issue. Chambers USA: America’s Leading Lawyers for Business has repeatedly ranked Mr. Thomasch nationally for Product Liability and Mass Torts, and in New York for Intellectual Property." Mr. Thomasch is also named by The Best Lawyers in America© as a leading attorney for Product Liability Litigation, and has been named "A Super Lawyer" by Law & Politics every year since 2006 for both product liability defense and intellectual property litigation. He is recommended for "Life Sciences: Product Liability" in PLC’s Which Lawyer?; and Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys has named him a "Litigation Star" nationally for Products Liability and in the State of New York for Commercial Litigation. In addition, Mr. Thomasch is ranked by IAM Patent 1000 in patent litigation.

Mr. Thomasch serves on the Steering Committee of the Defense Research Institute’s Drug and Medical Device Committee. He is a member of the American Bar Association, the American Intellectual Property Law Association, the New York Intellectual Property Law Association, the Federal Bar Council and The Association of the Bar of the City of New York (Thurgood Marshall Award, 1998).

Prior to joining Gibson Dunn, Mr. Thomasch was a litigation partner of Orrick, Herrington & Sutcliffe LLP, where he had served as Managing Director of its Litigation Division, Chair of its Life Sciences Industry Group and a member of the firm’s Executive Committee.

Mr. Thomasch received his J.D. from Columbia University School of Law in 1981, where he was a Harlan Fiske Stone Scholar and recipient of the Young B. Smith Award. His undergraduate degree is from Northwestern University. After law school, Mr. Thomasch was a law clerk to the Honorable Thomas P. Griesa of the United States District Court for the Southern District of New York.

The following is a representative sample of Mr. Thomasch’s cases.*

Patent Litigation

* Trial and appellate counsel for a U.S. mobile phone carrier in a patent infringement jury trial in the District of Nebraska. After a multi-week trial, the jury returned a complete defense verdict, finding all five accused networks to not infringe any of the six asserted patent claims. On appeal, the Federal Circuit dismissed Plaintiff’s appeal as moot based on its conclusion that the asserted patents recited patent-ineligible subject matter under 35 U.S.C. § 101, as argued by Mr. Thomasch on the carrier’s cross-appeal.
* Obtained a defense verdict of non-infringement and invalidity on all asserted claims against U.S. mobile phone carrier in a jury trial in the Eastern District of Texas, after obtaining pretrial rulings dramatically limiting plaintiff’s damages claim.
* Lawson Software: Lead trial counsel for defendant in a civil contempt case following a plaintiff’s verdict of patent infringement and the entry of a permanent injunction by the United States District Court for the Eastern District of Virginia. Developed trial and appellate strategies for the contempt proceedings that resulted in a complete victory on the contempt charge and vacatur of the underlying injunction.
* Dow AgroSciences (DAS): Served for more than a decade as lead national trial and appellate counsel on all patent infringement actions against DAS involving patents for making genes and inserting them into plants to make the plants insect-resistant. Devised and implemented a global litigation strategy that successfully defended (through trial verdicts, summary judgment rulings, voluntary dismissals and appellate rulings) DAS’s core business in multiple interrelated patent litigations throughout the United States. Mr. Thomasch first-chaired and won a bet-the-company jury trial in the District of Delaware in which DAS prevailed against a competitor asserting patent claims that were alleged to cover all transgenic corn products, both commercial and pre-market, in the United States. He won a qui tam suit against DAS in which plaintiff alleged false marking under 35 U.S.C. § 292. Mr. Thomasch also argued appeals before the Federal Circuit in multiple cases involving patents asserted by and against DAS, and DAS prevailed in each such appeal.*
* Alcon Laboratories: Successfully defended Alcon in multiple patent litigations involving prescription drugs used for lowering intraocular pressure in patients suffering from glaucoma, including summary judgment in a case of first impression involving method claims and alleged off-label uses of prescription drugs; argued and won appeal of that ruling in the Federal Circuit.*
* Storz Ophthalmics Company: Obtained dismissal of multiple patent infringement actions involving the design of intraocular lenses and methods for their surgical implantation.*
* Praxis Biologics, Inc.: Successfully defended American Cyanamid Company and Praxis Biologics, Inc. at trial in a patent infringement action related to human infant vaccines against bacterial infections such as meningitis. Trial verdict upheld on appeal to the Federal Circuit.*
* American Cyanamid Company: Lead trial counsel in two bench trials in the District of Colorado arising out of an inventorship dispute with associated claims for copyright infringement and common law torts.*

Product Liability and Mass Torts

* Wyeth: Served as national lead trial and appellate counsel in nearly 400 product liability cases involving claims that childhood vaccines containing the preservative thimerosal caused autism in vaccinated children, prevailing in every case. Successfully tried a two-week Frye hearing in which Wyeth attacked all causation theories purporting to link vaccines to autism, resulting in the exclusion of all of plaintiffs’ expert witnesses. Argued the appeal to Maryland’s highest court and obtained a unanimous affirmance, which effectively adopted a new standard for the admissibility of expert testimony in civil cases, Blackwell v. Wyeth, 408 Md. 575, 971 A.2d 235 (2009). That decision resulted in the dismissal of the claims of all of the approximately 300 plaintiffs in cases then-pending against vaccine manufacturers in Maryland. Devised federal preemption strategy that ultimately resulted in the successful conclusion of the national litigation, argued preemption motions and appeals in state and federal courts, leading to the Supreme Court’s decision in Bruesewitz v. Wyeth, in which the Court held that all design defect claims involving recommended childhood vaccines are preempted by the National Childhood Vaccine Injury Act of 1986.*
* The Dow C

Overview
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4921

Number of Boards

2

Number of Awards

3

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Chair, Privacy, Cybersecurity & Consumer Protection Practice Group at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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General Counsel at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Co-Chair, Electronic Discovery & Information Law Practice Group at Gibson, Dunn & Crutcher LLP

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Co-Chair, Electronic Discovery & Information Law Practice Group at Gibson, Dunn & Crutcher LLP

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Daniel J. Thomasch
Co-Chair, Product Liability Group at Gibson, Dunn & Crutcher LLP
Education
Juris Doctor, Harlan Fiske Stone Scholar
Class of 1981

Columbia Law School is a professional graduate school of Columbia University, a member of the Ivy League. Columbia is regarded as one of the most prestigious law schools in the nation and has always been ranked in the top five by U.S. News and World Report.Founded in 1858, Columbia has produced a large number of distinguished alumni including two Presidents of the United States (Franklin Delano Roosevelt and Theodore Roosevelt); nine Justices of the Supreme Court of the United States;numerous U.S. Cabinet members and Presidential advisers; U.S. Senators, Representatives, and Governors; and more members of the Forbes 400 than any other law school.

Bachelor of Arts
Class of 1978

Northwestern University is a private institution founded in 1851 to serve the Northwest Territory, an area that now includes the states of Ohio, Indiana, Illinois, Michigan, Wisconsin and parts of Minnesota. In 1853 the founders purchased a 379-acre tract of land on the shore of Lake Michigan 12 miles north of Chicago. They established a campus and developed the land near it, naming the surrounding town Evanston in honor of one of the University's founders, John Evans. After completing its first building, its first building in 1855, Northwestern began classes that fall with two faculty members and 10 students. Northwestern has three campuses and a total of 12 Schools and Colleges (one of which is located in South Florida. Two campuses are located on Lake Michigan, a 240-acre campus in Evanston, the first suburb north of Chicago, and a 25-acre campus in Chicago. One campus is located in Doha, Qatar. Northwestern University combines innovative teaching and pioneering research in a highly collaborative environment that transcends traditional academic boundaries. It provides students and faculty exceptional opportunities for intellectual, personal and professional growth in a setting enhanced by the richness of Chicago.

Memberships
Member
Current

American Bar Association provides legal services. It provides law school accreditation, continuing legal education, legal information and other services to assist legal professionals. The firm has members which include judges, court administrators, law professors, and non-practicing attorneys. The company was founded on August 21, 1878 and is headquartered in Chicago, IL.

Member
Current

The Association of the Bar of the City of New York is a voluntary association of lawyers and law students. The organization was founded in 1870 and it is headquartered in New York, NY.

Member
Current

Founded in 1897, AIPLA is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community. AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright, trade secret, and unfair competition law, as well as other fields of law affecting intellectual property. Our members represent both owners and users of intellectual property.

Career History
Co-Chair, Product Liability Group
Current

Gibson, Dunn & Crutcher LLP provides legal services. The firm provides services in areas such as labor, employment, entertainment & media law, toxic torts and other environmental matters. Its clients include commercial & investment banks, government entities, individuals and startups. The company was founded in 1890 and is headquartered in Los Angeles, CA.

Partner
Prior

Orrick, Herrington & Sutcliffe LLP is an international law firm founded in San Francisco, California. Orrick traces its roots back to 1863, making it the oldest continuously operating law firm in San Francisco. The firm is focused on serving companies in the technology, energy & infrastructure and financial sectors and practices in five core areas: Corporate, Energy & Infrastructure, Finance, Intellectual Property and Litigation.

Clerk
Prior

United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The Southern District is one of the most influential and active federal district courts in the United States, largely because of its jurisdiction over New York's major financial centers.

Boards & Committees
Member, Executive Committee
Prior

Orrick, Herrington & Sutcliffe LLP is an international law firm founded in San Francisco, California. Orrick traces its roots back to 1863, making it the oldest continuously operating law firm in San Francisco. The firm is focused on serving companies in the technology, energy & infrastructure and financial sectors and practices in five core areas: Corporate, Energy & Infrastructure, Finance, Intellectual Property and Litigation.

Member of the Steering Committee, Drug & Medical Device Committee
Current

DRI is the leading organization of defense attorneys and in-house counsel. Membership in DRI provides access to resources and tools for attorneys who strive to provide high-quality, balanced and excellent service to their clients and corporations. DRI is host to more than 25 substantive committees whose focus is to develop ongoing and critical dialogue about areas of practice. DRI provides access to resources and tools to grow your practice – members can search a database of more than 65,000 experts, attend renowned CLE seminars, conferences and webcasts, network with 22,000+ like-minded defense practitioners and more. DRI has served the defense bar for more than 50 years and focuses on five main goals: Education: To teach and educate and to improve the skills of the defense law practitioner Justice: To strive for improvement in the civil justice system Balance: To be a counterpoint to the plaintiff's bar and seek balance in the justice system in the minds of potential jurors and on all fields where disputes are resolved Economics: To assist members in dealing with the economic realities of the defense law practice, including the competitive legal marketplace Professionalism and Service: To urge members to practice ethically and responsibly, keeping in mind the lawyer's responsibilities that go beyond the interest of the client to the good of American society as a whole.

Non-Profit Donations & Grants

Learn how non-profit organizations benefit from RelSci
$1,000 - $4,999
2007

The Legal Aid Society is a private, not-for-profit legal services organization, the oldest and largest in the nation, dedicated since 1876 to providing quality legal representation to low-income New Yorkers. It is dedicated to one simple but powerful belief: that no New Yorker should be denied access to justice because of poverty. The Society handles 300,000 individual cases and matters annually and provides a comprehensive range of legal services in three areas: the Civil, Criminal and Juvenile Rights Practices. Unlike the Society's Criminal and Juvenile Rights Practices, which are constitutionally mandated and supported by government, the Civil Practice relies heavily on private contributions.

Political Donations
$500
2012

Representative from Massachusetts's 4th Congressional District

Awards & Honors
1998
Thurgood Marshall Award
Admitted to the New York Bar
Columbia University School of Law - Young B. Smith Award
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