Thomas E. Moore III has practiced law in Palo Alto continuously since 1984, representing individuals and start-up to mid-size technology companies in intellectual property and commercial litigation matters. His approach is multi-disciplinary and is focused at gaining results in as efficient a manner as possible.
Mr. Moore has handled matters in all four of areas of intellectual property, namely, patents, copyrights, trademarks and trade secrets. That experience includes disputes arising out of complex license agreements. His work in commercial litigation includes breach of contract, breach of fiduciary duties, false advertising and all aspects of the law of fraud.
Mr. Moore’s practice also involves high-profile Internet/civil rights work, often in collaboration with the Electronic Frontier Foundation, where he serves as a member of the Board of Advisers. The more notable work has been: Pavlovich v. Superior Court, 2 Cal. 4th 262 (2002) (finding a lack of personal jurisdiction in California for a web-posting in Texas); DVD Copy Control Ass’n v. Bunner, 31 Cal. 4th 864 (2003) on remand 116 Cal. App. 4th 241 (2004) (overturning a preliminary injunction barring dissemination of allegedly trade secret information on First Amendment grounds); and O’Grady v Superior Court, 139 Cal. App. 4th 1423 (2006) (known to the public as “Apple Computer versus the bloggers,” this case established that the California laws protecting a reporter’s confidential sources applies with equal force to internet journalism).
Mr. Moore has participated and is actively involved in several cases seeking to stop the NSA’s program of warrantless surveillance on U.S. citizens. Those cases are Hepting v AT&T, 671 F.3d 881 (9th Cir. 2011) cert. denied, Jewel v. NSA, 673 F.3d 902 (9th Cir. 2011) and First Unitarian Church of Los Angeles v. NSA, N. D. Cal. No. 13-cv-3287. He also served as trial counsel in DVD Copy Control Ass’n v. Kaleidescape, Inc., Santa Clara Co. Superior Court, Case No. 1:04 CV 031829, on appeal, 176 Cal. App. 4th 697 (2009) and, by prevailing at trial on behalf of his client, saved 115 jobs.
- J.D., University of California, Berkeley
- A.B., Philosophy, Stanford University
Admitted to Practice:
- United States Supreme Court
- Ninth Circuit Court of Appeals
- Federal Circuit Court of Appeals
- United States District Court for the Northern, Eastern, Central and Southern Districts of California
Board of Advisors, Electronic Frontier Foundation