Thomas Fleming is an intellectual property partner in the New York office of Kirkland & Ellis LLP. He is a veteran trial lawyer with extensive experience in complex commercial litigation, intellectual property litigation and patent litigation. He has co-chaired numerous jury patent trials in the areas of biotechnology, pharmaceuticals and wireless technology, and has been lead counsel in patent and trade secret litigation matters in the areas of chemical products, devices and genetically modified crops. He has argued numerous appeals, including before the Federal Circuit.

Thomas advises Fortune 100 companies on intellectual property aspects of international merger and acquisition matters, licensing and deal related matters. Prior to joining Kirkland, he litigated matters for DuPont, Pioneer Hi-Bred, Roche, Genentech, ARIAD Pharmaceuticals and Jarden. He has also directed several successful trademark and Lanham Act litigations on behalf of international clients and their U.S. subsidiaries.

Thomas has been recognized by The Legal 500 U.S. He is also listed in The Best Lawyers in America and The Best Lawyers in New York. He is a recipient of the 2010 Legal Aid Society Pro Bono Publico Award.


Thought Leadership


He contributed to the 2010 Thomson/Reuters Publication on "Recent Trends in Patent Infringement Lawsuits," and also to the 2010 West Publications treatise "Commercial Litigation in New York State Courts." He co-authored NYSBA articles "Federal Rules of Civil Procedure: Amendments" and "Expert Witness Disclosure and Core Work Product."


He is a frequent lecturer on complex litigation issues, including "Masters Conference on Data Privacy Issues," Washington, D.C., 2012; "Expert Witnesses at Trial," NY County Lawyers Association 2012; "E-Discovery," Director's Roundtable for Corporate Counsel, October 2010; "NY Ethics Rules in Patent Litigation," JPPCLE New York, April 2010; "Winning Strategies in IP Litigation," BrightTalk Seminar, 2009; "Pre-Filing Investigations," Association of Corporate Patent Counsel, June 2009.

Memberships & Affiliations

Intellectual Property Owners Association: Patent Law Committee

CPR Institute: Task Force on Mediation of Patent Disputes

American Bar Association Sections on Litigation and Intellectual Property


Admissions & Qualifications

  • New York
  • Florida


  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Federal Circuit
  • United States District Court for the Southern District of New York


  • Brooklyn Law SchoolJ.D.magna cum laude
  • New York UniversityB.A.cum laude