Thomas J. Durling has more than 40 years of experience handling business and intellectual property matters, with a focus on patent and trademark procurement, business agreement preparation and negotiation, intellectual property dispute resolution, merger and acquisition due diligence, and related client counseling.
As a registered patent attorney, Tom represents clients in patent matters before the United States Patent and Trademark Office, as well as manages their international portfolios and intellectual property-related agreements, enforcement and defense.
He concentrates this patent practice in the mechanical engineering field, although having direct experience in several technical areas, including large industrial equipment, flow and material measuring equipment, mobility vehicles, bicycle design and manufacture, cellular communication and related technology, industrial and consumer packaging, molded plastic components, medical devices, sporting goods, printing equipment, and wastewater treatment.
Tom helps clients prepare and prosecute patent applications; performs patent infringement analysis; validity studies and right to use studies; and negotiates and prepares licenses and other agreements for clients across a wide range of industries. Some of the industries include sports equipment, healthcare technology, consumer and commercial packaging, and industrial equipment. Tom’s clients range from publicly traded corporations, market leading industrial product manufacturers, small start-ups and individual inventors.
In his business and corporate law practice, Tom represents and advises clients on a variety of matters, including negotiation and preparation of manufacturing and supply agreements, executive and technical employment agreements, trademark licenses, and marketing agreements. He also has experience counseling clients on copyright, trade secret, and unfair competition related issues.
Tom’s practice has expanded into the sports law related fields. He has served as general counsel for an international sports wholesale, distribution, and retail organization. He has negotiated sponsorship agreements with professional teams, co-branding agreements with sports and music stars, and acquisition agreements for a national retail and online marketing company having 2,000 employees in 25 states. He also has advised on the development. licensing and acquisition of new brands for multiple companies and individuals.
Reported Decisions
- Golden Valley Microwave Foods Inc. v. Weaver Popcorn Co. Inc., 24 U.S.P.Q.2d 1801 (N.D. Ind.), aff’d, 11F.3d 1072; (Fed. Cir.) (w/o opinion), cert. denied, 511 U.S. 1128
- Farberware Inc. v. Alternative Pioneering Systems, Inc., 19 U.S.P.Q.2d 1079 (S.D.N.Y.): 28 U.S.P.Q.2d 1879 (S.D.N.Y.)
- New Jersey Mach. Inc. v. Alford Industries, Inc., 21 U.S.P.Q.2d 2033 (D.N.J.); aff’d, 983 F.2d 1087 (Fed. Cir.) (w/o opinion)
- Diamond-Chase Co. v. Stretch Devices Inc., 16 U.S.P.Q.2d 1568 (C.D.Cal.); aff’d, 923 F.2d 871 (Fed. Cir.) (w/o opinion)
- Micro Motion, Inc. v. Kane Steel Co., Inc., 849 F.2d 1318 (Fed. Cir.)
- Pennwalt Corp. v. Bird Inc., 5 U.S. P.Q. 2d 1817 (D. Mass.)
Honors & Awards
- Rated AV® Preeminent™ by Martindale-Hubbell
- Selected to Best Lawyers in America® in the area of Patent Law, 2016 - 2025
- Named a Pennsylvania "Super Lawyer" in the area of Intellectual Property Law, 2016 - 2020, by Thomson Reuters, publishers of Pennsylvania Super Lawyers
A description of the standard or methodology on which the accolades are based can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Professional Affiliations
- Federal Circuit Bar Association
- International Trademark Law Association
- American Intellectual Property Law Association
- Pennsylvania Bar Association
- Philadelphia Intellectual Property Law Association
- Sports Law Association
Community Activities
- Villanova University - College of Engineering Advisory Board
- Team Flaster Greenberg, American Cancer Society Philadelphia Bike-A-Thon
- Captain
- St. Alphonsus Catholic Youth Sports Organization
- Past president
News
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Events
Practice Areas
Industry Groups
Admissions
- Pennsylvania
- U.S. Patent and Trademark Office
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. Court of Appeals for the Federal Circuit
Education
- Widener University School of Law (The Delaware Law School), J.D.
- Villanova University, B.S., Mechanical Engineering
- Pi Tau Sigma (National Mechanical Engineering Honor Fraternity)