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Thomas T. Moga

290 Town Center Drive
Suite 400
Dearborn, Michigan 48126
Phone:  313.583.5956
Mobile Phone:  202.230.1012
Fax:  313.583.6966
815 Connecticut Avenue, NW
Suite 620
Washington, District of Columbia 20006

Biography

Thomas T. Moga has over 30 years of experience in domestic and international intellectual property portfolio development and enforcement. He is an experienced patent prosecutor in the mechanical, chemical, biochemical, and pharmaceutical arts and has been qualified and has testified as an expert witness in patent disputes.

As an intellectual property portfolio developer, Mr. Moga’s experience includes the development of domestic and foreign patent portfolios, the acquisition of registrations for trademarks and copyrights, licensing, and policy development.

In the arena of intellectual property rights enforcement, Mr. Moga manages patent enforcement and anti-counterfeiting actions in Asia, including overseeing initial counterfeit product investigation, selecting and working with local investigators, selecting and working with local counsel, preparing administrative and judicial documents, and participating in raids.

A pioneer in protecting and enforcing intellectual property rights in China, Mr. Moga has represented foreign companies in that country since the 1980’s. He was a Fulbright Scholar in China where he taught patent law at Jilin University and acted as a foreign advisor to China’s patent office. Mr. Moga was a visiting foreign expert in law at Xiamen University, China, and worked as a foreign legal expert for a patent and trademark law office in Taipei.

He is a member of the Industry Trade Advisory Committee on Intellectual Property Rights (ITAC 13), a trade advisory committee co-administered by the Office of the United States Trade Representative and the U.S. Department of Commerce. Additionally, Mr. Moga is past board member of the American Intellectual Property Law Association, the Fulbright Association, and the Fulbright Academy.


Classes and Seminars Taught


Adjunct instructor for law school courses taught include Patent Law, Intellectual Property in Asia, Intellectual Property Treaties, and Biotechnology and Intellectual Property.

Speaking Engagements

 

  • Speaker, MichBio webinar on Intellectual Property and China, 2019
  • Panelist, Sedona Conference on International Patent Litigation, Reston, VA, 2018
  • Panelist on China, World Intellectual Property Forum, Dubai, UAE, 2018
  • Speaker, “Overview of Intellectual Property in China - Creating and Managing IP Portfolios,” USPTO Intellectual Property in China Road Shows, Detroit, Grand Rapids, Portland, San Jose, Seattle, Las Vegas, Boise, and Austin, 2017 - 2018
  • Panelist, Patent Information Conference, presented by the European Patent Office, Sofia, Bulgaria, 2017
  • Presenting on opportunities and challenges in licensing transactions, China-U.S. Joint Seminar on Patent Licensing and Technology Transfer, Beijing, 2017
  • Presented discussion on monetization of U.S. patents at the 4th Sajiang International Intellectual Property Conference, Zhenjiang, 2017
  • Presenting on China's new Antimonopoly Law at the U.S. Ambassador's IPR Roundtable in Beijing and at a meeting of the Asia-Pacific Economic Cooperation organization, Beijing, 2016
  • Presenting on counterfeiting in the pharmaceutical industry at the U.S. Patent and Trademark Office Supply Chain Integrity Seminar, Hong Kong, 2015
  • Participating in joint U.S. Patent Office-China Patent Office programs discussing patent portfolio development in China, Hangzhou and Shenzhen, 2014
  • Presenting a training session on global patent strategies at the European Space Agency (ESA) at its research and technology center, on behalf of the Association of European Science & Technology Transfer Professionals, Leiden, 2013
  • Presented a paper on design patents at the “Design Patents in the Modern World Conference,” Stanford Law School, 2012
  • Moderating discussions on patent protections at the BIO China International Convention, Shanghai, 2011
  • Discussing the relationship between genetic resource recording and the World Trade Organization’s TRIPS Agreement, Mid-Winter Institute, American Intellectual Property Law Association, 2011
  • Moderating panel discussions on IP and technology transfer at BIO India International Partnering Conference, Hyderabad, 2010
  • Serving as a speaker and panelist at the "USPTO-SIPO-JPO-KIPO Roundtable on the Procurement and Enforcement of Utility Model and Design Patents," Beijing, 2009
  • Presenting on Chinese and Indian patent law at European Patent Office program, Lausanne, 2006

Published Works

 

  • Author, “Patent Practice and Policy in the Pacific Rim” (Thomson Reuters-Westlaw), a five-volume treatise on patent law and practice in Asia (first published in 1994)
  • Contributing author, “Defending Intellectual Property Rights Cases in China,” Inside the Minds series, Thomson Reuters/Aspatore, 2013
  • Author, "China’s Utility Model Patent System: Innovation Driver or Deterrent," U.S. Chamber of Commerce, November 2012
  • Author, “Obtaining and Enforcing Design Patents in China,” China Business Review, September/October 2012
  • Author, “Tech Transfer Turning Point,” China Business Review, September/October 2010
  • Author, “China Amends its Patent Law,” China Business Review, March/April 2009
  • Author, “Changing China’s Patent Regime,” China Business Review, March/April 2007
  • Author, “How to Counter Industrial Counterfeiting,” Professional Boat Builder, 134 – 140, October/November 2006
  • Author, “China and the TRIPS Agreement of the WTO,” National Law Journal, 2001
  • Author, year-long series of articles on current developments in Asian IP titled “A View from Over the Wall,” Intellectual Property Today, 1997
  • Author, “The Patenting of Transgenic Animals (or the Patented Mouse that Roared),” Journal of the Patent & Trademark Office Society, 1994
  • Author, “Recent Intellectual Property Developments in Japan, Taiwan and China,” University of Detroit Mercy Law Review, 313 – 326, Winter 1993
  • Author, “China’s Patent Law Considered and Compared,” University of Detroit Law Review, 335 – 450, Spring 1987
  • Author, “Making Foreign Things Serve China: A Western Licensor’s Guide to the Chinese Market,” Saint Louis University Law Journal, Vol. 28, No. 3, 771 - 812, 1984

 

Selected Citations

 

  • White House Office of Trade & Manufacturing Policy Report: “How China’s Economic Aggression Threatens the Technologies and Intellectual Property of the United States and the World," 2018
  • 2015 Report to Congress of the US-China Economic and Security Review Commission, 2015
  • Written Comments to the Office of the United States Trade Representative in Response to Federal Register Notice Regarding 2014 Special 301 Review: Identification of Countries under Section 182 of the Trade Act of 1974, Semiconductor Industry, 2014
  • Detailed Comments to 2019 Special 301 Report, National Association of Manufacturers
  • The World Trade Organization – Law, Practice, and Policy, Oxford University Press, Third Edition, 2015
  • Protection of Design Patents in China and Comparison with EU Law: How Foreign Companies can Protect their Design Patents in China, Alice Graneris, KoGuan Law School, China, 2019
  • The Role of Patents in China’s Industrial Innovation,  Edited by Yahong Li, Cambridge University Press, 2017
  • “Collaborative Innovation and Economic Growth: A Comment on China’s Innovation Policies,” Cardozo Law Review, 2013
  • China’s Innovation Challenge: Overcoming the Middle-Income Trap, edited by Arie Y. Lewin et al., Cambridge University Press, 2016
  • Patents and Innovation in China and Hong Kong: Two Systems in One Country, edited by Yahong Li, Cambridge University Press, 2016
  • “China: Effects of Intellectual Property Infringement and Indigenous Innovation Policies on the US Economy,” IP Commission Report, Commission on the Theft of American Intellectual Property, U.S. International Trade Commission, 2011
  • “General Motors v. Chery: A Judicial Lesson for Foreign Operators in China,” Wake Forest Intellectual Property Law Journal, 2007 – 2009
  • Assessing the Economic Implications of Different Models for Implementing the Requirement to Protect Plant Varieties,” Queen Mary University of London Press, 2006
  • “Kellogg on China: Strategies for Success,” Kellogg School of Management, Northwestern University Press, 2004
  • “Beyond Tiananmen: The Politics of US-China Relations, 1989 – 2000” (Robert Suettinger), Brookings Institution Press, 2003
  • Factum of the Interveners, The Commissioner of Patents vs. The President and Fellows of Harvard College et al., Supreme Court of Canada, Court File No. 28155, 2001

 

In the Press

 

  • “China Cracks Down on Online Patent Infringement,” Bloomberg BNA’s World Intellectual Property Report, June 10, 2014
  • “China’s Absorptive State – Research, Innovation and the Prospects for China-UK Collaboration,” NESTA, October 2013
  • “China Goes ‘Local’ on US Firms’ Units,” Investor’s Business Daily, July 2, 2012
  • “Case of Clean-Tech Theft Simmers in Washington Ahead of China Talks,” Environment & Energy Publishing, January 27, 2012
  • “House Takes Different Stance from Senate on Two Key Factors in Patent Reform,” Genetic Engineering & Biotechnology News, April 10, 2011
  • “Piracy Remains Rampant After China Joined WTO,” WSJ on-line, December 11, 2002
  • “Tougher Criminal Penalties, Greater Diligence Needed after WTO Entry, Warns US Delegation,” South China Morning Post, March 14, 2001

Legal Experience

  • LeClairRyan, Detroit, Michigan
  • Shook Hardy & Bacon, Washington, D.C.
  • Butzel Long, Bloomfield Hills, Michigan
  • Powell Goldstein, Washington, D.C.
  • Harness Dickey, Troy, Michigan
  • Gifford Krass Sprinkle Anderson & Citkowski, Troy, Michigan

Memberships and Affiliations

  • Member, Industry Trade Advisory Committee on Intellectual Property Rights (ITAC 13), a trade advisory committee co-administered by the Office of the United States Trade Representative (USTR) and the U.S. Department of Commerce (2018 – present)
  • Member, Board of Directors, American Intellectual Property Law Association (November 2015 – present)
  • Member, Board of Directors, Fulbright Association (January 2014 – 2017)
  • Member, Board of Directors, Fulbright Academy (January 2012 – December 2013)
  • Reviewer, English-language version of the Commissioner’s Annual Report, State Intellectual Property Office, China, 2008 – 2012

Distinctions

  • Recognized by Global Law Experts as the Anti-Counterfeiting Law - Lawyer of the Year in Michigan - 2019
  • Recognized in The Best Lawyers in America® for Patent, Patent Law, 2010 – 2019
  • Named by The Best Lawyers in America as Litigation – Patent Lawyer of the Year, Detroit, Mich., 2018
  • Named by Law & Politics magazine as a Washington, D.C. Super Lawyer in Intellectual Property, 2013 – 2016
  • Listed in Legal Media Group’s Guide to Leading Practitioners: China, 2011 and 2012
  • Recognized in the 2010 edition of The Best Lawyers in Intellectual Property Law
  • Patentee, U.S. Patent No. 6,552,191, for “Self-Adjusting Water Pressure Responsive Diver’s Weight Belt Assembly”
  • Recognized by Crain’s Detroit Business as a “Top 40 Under 40” in its Class of 1996

Related Industries

Education

  • B.S., Biochemistry, cum laude, Madonna University, 1994
  • J.D., St. Louis University School of Law, 1983
  • M.A., English Language & Literature, University of Michigan, 1980
  • B.A., English Language & Literature and Political Studies (China concentration) (double major), University of Michigan, 1978

Bar Admissions

  • District of Columbia
  • Illinois
  • Iowa
  • Michigan

Court Admissions

  • United States Supreme Court
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Northern District of Illinois
  • U.S. Patent and Trademark Office