Thomas  Creel

NEW YORK, NY 10022
(212) 421-4213
(917) 733-6709 - (CELL)


Currently a full-time arbitrator, specializing in patent, other intellectual property and technology disputes. Has served as arbitrator for over 30 years in scores of such proceedings. He has been selected by his peers for inclusion in Super Lawyers as an arbitrator. The arbitrations have concerned a broad range of technologies, from biotechnology and computer technology to medical devices, electronics and chemistry.

He is listed on the approved arbitrator panels of the International Centre for Dispute Resolution, American Arbitration Association (Blue Ribbon Patent Panel and certified arbitrator), Center for Public Resources (Technology Panel), World Intellectual Property Organization, International Chamber of Commerce and the U.S. Chamber of Commerce. In addition to his activities in technology areas, he has authored scores of decisions relating to anti- cybersquatting of trademarks as an arbitrator under the rules adopted by the Internet Corporation for Assigned Names and Numbers (ICANN).

Recognized for his capabilities in both patent litigation and as an arbitrator, Mr. Creel has been appointed by several federal district judges to serve as a Special Master to provide proper patent claim construction, supervise all pretrial discovery, review documents on claims of privilege and recommend rulings on summary judgment motions.

He is the editor of The Guide to Patent Arbitration, published by BNA Books. Mr. Creel also frequently writes and speaks on ADR of IP disputes, covering topics such as ''How to Avoid Disputes Through Use of ADR'' and ''ADR in the 21st Century.'' He was the chairperson of the ADR Committee of the New York Intellectual Property Law Association, Inc.


Most of Mr. Creel's arbitrations and litigations have been in the patent area, but he has frequently also been involved in the areas of technology, trade secrets, entertainment, trademarks, copyrights and unfair competition.

Many of the world's largest companies entrusted their major litigations to Mr. Creel. The technologies involved run the gamut from complex chemistry, pharmacy and biotechnology to microprocessors, surge protectors, electronic light dimmers, computers and copiers. His experience as an arbitrator has also been wide-ranging in terms of technology. Many of these involved licensing disputes.


Mr. Creel is the author of the book “Patent Claim Construction and Markman Hearings” published by the Practicing Law Institute as part of its Treatise Series. The book is updated yearly. It has been described as a “superb treatise” (former Chief Judge of the Court of Appeals for the Federal Circuit), a “wise addition to any trial lawyer’s at-hand resource selection” (renowned IP trial lawyer) and as containing an “analysis of legal rules...mixed with sage practical advice” (IP professor at a major law school).

He is also the editor of The Guide to Patent Arbitration, published by BNA Books.

He has written widely on the intricacies of ADR and litigation of patent, other intellectual property and technology disputes and on substantive intellectual property law. His annual review of the law of patent damages was considered to be the 'bible'' on the law of patent damages by at least one Federal Circuit judge.


Practiced over 30 years as a first chair intellectual property litigator and counselor. Was head of the Intellectual Property Litigation Practice as a partner at Goodwin Procter LLP; co-chair of the Patent Litigation Group while a partner at Kaye Scholer, Fierman, Hayes and Handler and a senior litigating partner at Kenyon & Kenyon.

During government service, handled administrative patent infringement claims against the U.S. government, participated in patent infringement litigation in the U.S. Court of Federal Claims and was responsible for export clearances for certain types of important information. One federal judge had this to say in open court about Mr. Creel's performance in a jury trial that settled soon after Mr. Creel's opening statement and first substantive witness: ''Counsel, I said this in Chambers, I want to say it on the record: I've been on the federal bench a little more than a year, and state court about four years. I have never – and I say this with all my heart – I've never had a case as well prepared with counsel as well qualified as this case. It's been a pleasure to be associated with you, and I am delighted that we didn't have to see it to the end, of course. But if every one of my cases were as well prepared and as well litigated, as well lawyered, my job would be a great deal easier.''


Co-taught the patent and trade secret law course at Columbia University Law School for almost 20 years. He originally taught using his own course materials.


Listed in the Euromoney Guide to the World's Leading Patent Law Experts, the Euromoney Guide to the World's Leading Trademark Law Experts and Chambers USA: America's Leading Lawyers for Business. These publications select lawyers for inclusion after conducting extensive surveys of lawyers and clients. Mr. Creel is also listed in The Best Lawyers in America and Super Lawyers, as an arbitrator.


Mr. Creel served as president of the New York Intellectual Property Law Association, Inc. and has been active in other bar associations.

Mr. Creel chaired an annual seminar on patent litigation for many years and is often invited to speak at and chair other conferences on substantive patent law, patent litigation and arbitration. He was the chairperson of the annual PLI seminar ''Claim Construction and ''How to Prepare and Conduct Markman Hearings'' for many years.


Mr. Creel is admitted to the bars of New York and Michigan; the U.S. Supreme Court; the U.S. Courts of Appeals for the Federal, Second, Fourth and Fifth Circuits; the U.S. District Courts for the Southern and Eastern Districts of New York, the Northern District of Mississippi and the Central District of California; and the U.S. Court of Federal Claims. He is also registered to practice before the U.S. Patent & Trademark Office.


LL.B., University of Michigan Law School
B.S., University of Kansas