Todd G. Vare Partner
Todd advocates for his clients in complex, high-stakes litigation involving patents, trademarks, copyrights, trade secrets, technology licensing, software development, data protection and privacy matters. A significant focus of Todd’s national trial practice involves patent litigation in some of the busiest patent jurisdictions, including District of Delaware, Eastern District of Texas, Northern District of Illinois, and Central District of California. Here, he has protected or enforced his clients’ intellectual property covering a wide variety of technologies, including internet-based systems and processes, LED lighting, online retail systems, telecommunications, integrated circuits, software, cellular antenna systems, pharmaceuticals, medical devices, herbicides and pesticides, dielectric fluids and mechanical devices.
Todd has led teams in jury trials and has briefed and argued numerous Markman, summary judgment motions, and 35 U.S.C. § 101 Alice motions. He also has litigated business disputes involving trademarks, copyrights and trade secrets. His trial work has frequently led to appellate work, including arguing patent cases before the U.S. Court of Appeals for the Federal Circuit, a copyright case before the U.S. Court of Appeals for the Eleventh Circuit, and a publicity rights case before the Indiana Court of Appeals. Todd also represents clients before the Patent Trial and Appeals Board (PTAB) in inter partes review matters.
Apart from his litigation work — indeed, with the goal to avoid litigation — Todd also counsels clients on cybersecurity and data protection, privacy, computer and software issues, e-commerce processes, and other business technology matters. As co-chair of the firm’s Data Security and Privacy practice, Todd works with clients to evaluate their data security needs, develop comprehensive data security plans, and manage responses to data breaches or other cybersecurity incidents.
Todd’s passion for trial and appellate advocacy has inspired him to represent many clients, pro bono, in prisoner civil rights cases, asylum petitions and sentencing appeals. In October 2007, Todd’s passion was rewarded with an opportunity to argue before the U.S. Supreme Court in U.S. v. Santos, which resulted in a victory for his client in a criminal case involving the scope of the federal money laundering statute.
Professional and Community Involvement
Member, International Association of Privacy Professionals
Board of Editors, Pratt’s Privacy and Cybersecurity Law Report, published by LexisNexis
Board member, Pearl IRB
Board secretary, Blue Marble Cocktails
The Best Lawyers in America, Intellectual Property Litigation, 2012-2019; Lawyer of the Year, Intellectual Property Litigation, 2017
Indiana Super Lawyers, Intellectual Property, 2014-2016