Attorney Profiles

Thomas S. Biemer 
Philadelphia, Pennsylvania
phone (215) 575-7025
fax (215) 575-7200
email Email Me

Areas of Focus:

Partner, Executive Committee; Co-Chair, E-Commerce Group; Member, Litigation Department. Mr. Biemer concentrates his practice in sophisticated litigation matters involving anti-trust, securities, trademark and patent infringement, RICO, ERISA class actions, and bankruptcy issues. He also works on commercial contracts, representing both plaintiffs and defendants in various courts throughout the nation.

Representative Matters:

  • Represented a company in a matter that involved the patentability of software and business methods, resulting in an extension of patent protection to industries and technologies not previously covered.

  • Represented 53 area hospitals and other medical care providers in a litigation matter and recovered over $40 million on the providers' behalf. This was the first insolvency of a major HMO in America.

  • Represented American Financial Services Association, challenging lead ordinances attempting to regulate subprime lending market in Philadelphia. Represented on a national level against similar challenges in Ohio, Georgia, and California.  Also successfully guided clients, AFSA and Maryland mortgage brokers to obtaining a permanent injunction to prevent the enforcement of a Montgomery County, Maryland lending bill.

  • Represented Independence Blue Cross in a series of class actions brought by members and beneficiaries of ERISA plans. The class actions claims involved the calculation of the family deductible, the negotiation of discounts regarding co-insurance, coverage for Viagra, subrogation rights, and Medicare supplemental benefits.

  • Represented plaintiffs in the squeeze-out of a minority shareholder, and successfully obtained a nine-figure settlement.

    • Education:
    The University of Texas School of Law, Austin, Texas, 1991
    J.D.
    Honors: With High Honors
    Law Review: University of Texas Law Review, Associate Editor, 1989 - 1991


    Bucknell University, 1984
    B.A.
    Honors: Cum Laude


    Professional Activities:
    Member, Dilworth Paxson's Executive Committee


    Instructor, University of Texas, Constitutional Law and Government, 1991


    Associate Editor, University of Texas Law Review, 1989-1991


    Captain, Reserve, 1988-1992


    Captain, Active Duty U.S. Army Air Defense, 1984-1988 (Platoon Leader and Battery Executive Officer for a Patriot Missile Air Defense Battery)


    Bar Admissions:
    Pennsylvania
    New Jersey
    U.S. Supreme Court
    U.S. Court of Appeals 3rd Circuit
    U.S. Court of Appeals 4th Circuit
    U.S. Court of Appeals Federal Circuit
    U.S. District Court Eastern District of Pennsylvania
    U.S. District Court District of New Jersey
    U.S. District Court Southern District of New York
    Presentations:
    Instructor, Constitutional Law and Government, University of Texas, 1991


    Publications:
    Patent Law 101: Does a Grudging Lundgren Panel Decision Mean that the USPTO is Finally Getting the Statutory Subject Matter Question Right?. IDEA, IDEA, The Intellectual Property Law Review, Vol. 46, No. 4, Spring, 2006


    To Rely or Not to Rely: That is the Question ? Should Complex Business Agreements be Interpreted as a Matter of Law?, The Philadelphia Lawyer, Philadelphia Bar Association Quarterly Magazine, Vol. 62, No. 4., Winter, 1999


    What Your Client Needs to Know About Patents and Doing Business Over the Internet-The Court?s View., New York State Bar Association Intellectual Property Law Section Meeting, January, 1999


    Honors and Awards:
    Designated a "Pennsylvania Super Lawyer", 2007

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