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Thomas Burke is counsel to Ropes & Gray's intellectual property group. He joined the firm in 1995 and has handled intellectual property matters in a wide variety of technical disciplines including automotive engineering, cable television, electronics, financial systems, Internet and retail commerce, medical devices, semiconductors and pharmaceuticals.
Concentrating on the transactional aspects of intellectual property portfolio evaluation, management and protection, Mr. Burke has negotiated, drafted and performed the due diligence associated with the intellectual property aspects of numerous mergers, acquisitions, joint ventures, strategic investments, asset purchase agreements and licenses of patents, trademarks, copyrights and trade secrets. He also has substantial experience advising on agreements and resolving disputes in the areas of information technology and data privacy and security.
Mr. Burke advises companies in licensing and enforcement campaigns. He has litigated patent infringement actions and the intellectual property aspects of business and bankruptcy reorganizations. His practice also includes pre-suit consultations and legal opinions regarding patent infringement, validity and freedom-to-operate product clearances.
Prior to obtaining his law and business degrees, Mr. Burke was a software developer for four years at Morgan Stanley where he developed securities trading and cash processing systems.
Experience
- Represented Advanced Micro Instruments (AMI), a leading provider of highly engineered, application-specific analyzers and sensing technologies, and portfolio company of McNally Capital, in an agreement to sell AMI to Enpro Inc.
- Represented Affiliated Computer Services in its $8 billion acquisition by Xerox Corporation.
- Represented Altamont Capital Partners portfolio company Amplity Health in its merger with The Lynx Group.
- Represented Ansira Partners, a marketing services and technology platform, in its sale to middle-market private equity firm Truelink Capital.
- Represented Audax Private Equity in its sale of CorEvitas, LLC, a provider of regulatory-grade, real-world evidence for approved medical treatments and therapies to Thermo Fisher Scientific Inc.
- Represented Audax Private Equity, a leading alternative investment manager and capital partner for North American middle market companies, in an investment in Mosaic Dental Collective, a leading dental services organization (DSO) supporting 49 affiliated dental offices in California and Washington, with a differentiated dentist-led DSO model.
- Represented Audax Private Equity in a strategic growth investment in Salon Lofts, a developer and operator of company-owned salon suites.
- Represented Audax Private Equity in its acquisition of Medi-Weightloss, Inc., an operator of science-based, physician-supervised weight-loss and wellness clinics, with approximately 100 franchised and company-owned locations nationally.
- Represented Audax Private Equity in its acquisition of DISA Global Solutions, a tech-enabled provider of employee screening, compliance, and workplace health & safety solutions, from Court Square Capital Partners.
- Represented Audax Private Equity in the sale of WellSpring Consumer Healthcare to Avista Healthcare Partners.
- Represented Audax Private Equity in its acquisition of Rensa Filtration, a manufacturer of consumable air filtration products.
- Represented Audax Private Equity in an investment in BlueCat Networks, a provider of network infrastructure.
- Represented Audax Private Equity in their acquisition of Monarch Landscape Companies from One Rock Capital Partners.
- Represented Audax Private Equity and 48forty Solutions in a significant investment made by Summit Partners in 48forty.
- Represented Audax Private Equity and Emplifi in the sale of a stake in Emplifi to Sixth Street Growth, a leading global investment firm with participation from the LionTree merchant bank.
- Represented Audax Private Equity in its acquisition of a controlling interest in Centerline Communications LLC from Wincove Private Holdings, LP and Stone-Goff Partners.
- Represented Audax Private Equity in its strategic investment in Veterinary Practice Partners, a leading veterinary practice management group and portfolio company of Pamlico Capital.
- Represented Audax Private Equity in its acquisition of a majority stake GCX Mounting Solutions.
- Represented Audax Private Equity in its investment in Team Cymru, a global leader in cyber threat intelligence.
- Represented Audax Private Equity in its acquisition of a majority stake in Flashpoint, a global leader in actionable threat intelligence.
- Represented Audax Private Equity in its acquisition of a controlling interest in Solve Industrial Motion Group from Incline Equity Partners.
- Represented Audax Private Equity, a leading alternative investment manager, on its acquisition of Kofile, Inc., the largest provider of information management and access systems solutions to U.S. government agencies.
- Represented Bain Capital and The Blackstone Group in connection with their acquisition, together with NBC Universal, of The Weather Channel Companies, including The Weather Channel television network and Weather.Com.
- Represented Bain Capital Ventures in its acquisition of MDS Pharma Services, a division of MDS Inc and provider of drug discovery and development solutions for pharmaceutical and biotechnology industries.
- Represented Baring Private Equity Asia in the acquisition of the Healthcare Services business of Hinduja Global Solutions Limited. The transaction was based on an enterprise value of $1.2 billion.
- Represented an affiliate of Baring Private Equity Asia in a definitive agreement to sell the surgical business of Lumenis Ltd. to Boston Scientific Corp.
- Represented Berkshire Partners in its investment in PDQ, a leading provider of IT asset management software, joining TA Associates, an existing investor.
- Represented Berkshire Partners in its investment in Point Broadband, a provider of fiber-based broadband solutions to small town USA and rural America, to join GTCR, an existing investor.
- Represented Berkshire Partners in its recapitalization transaction with Fast Growing Trees, LLC.
- Represented Berkshire Partners in its investment in UpStack, Inc.
- Represented Berkshire Partners in its agreement to acquire Comlinkdata, a leading data and analytics provider to the global telecom industry, from its majority investor, Alpine Investors, and others.
- Represented Berkshire Partners, Bain Capital and Advent International in their $1.1 billion acquisition of SkillSoft, a software as a service provider of on-demand e-learning and performance support solutions.
- Represented Blackstone Capital Partners in its $3 billion acquisition of Emdeon, Inc., a health care services provider.
- Represented BPEA Private Equity Fund VIII (an affiliated investment fund of BPEA EQT) in partnership with existing portfolio company Nord Anglia Education in a deal to acquire IMG Academy from Endeavor Group Holdings at enterprise value of $1.25 billion.
- Represented Bridgepointe Technologies and Charlesbank Capital Partners in Bridgepointe's acquisition of business optimization solutions provider PPT Solutions.
- Represented BV Investment Partners in its sale of GlideFast Consulting, a leading IT consulting, implementation and development company, to ASGN Incorporated.
- Represented BV Investment Partners in its acquisition of Source Advisors, a market leading specialty tax solutions and software provider.
- Represented Centerbridge Partners LLC and Caisse de dépôt et placement du Québec (CDPQ) in its agreement to acquire Medical Solutions from TPG Growth.
- Represented Charlesbank Capital Partners LLC and its portfolio company BOX Partners, a wholesaler of packaging, shipping, and industrial supplies, in the acquisition of The Packaging Wholesalers (“TPW”), a fellow nationwide packaging distributor.
- Represented Charlesbank Capital Partners LLC in its agreement to invest in Accordion Partners, a private equity focused financial and technology consulting firm.
- Represented Charlesbank Capital Partners LLC in its agreement to acquire Empire Today, a home improvement and home furnishing company based in Northlake, Illinois, specializing in installed carpet, flooring and window treatments.
- Represented Chartis, a portfolio company of Audax Group, in its acquisition of HealthScape Advisors, a leading healthcare payer consulting firm.
- Represented Cinven in its acquisition of TaxAct for approximately $720 million. After the transaction closes, Cinven will bring the business together with existing portfolio company Drake Software under a single holding company.
- Represented Cressey & Company and Lifeway Mobility in the acquisition of Accessible Systems, Inc., a home accessibility solutions provider serving Colorado, Utah, Wyoming, Idaho, Kansas and Texas.
- Represented Cressey & Company in closing its acquisition of Home Care Pulse, LLC.
- Represented Crosspoint Capital Partners in the acquisition of Absolute Software, a provider of self-healing, intelligent security solutions.
- Represented Gauge Capital and its portfolio company TVC Pro-Driver in the sale of TVC to Love’s Travel Stops.
- Represented Gauge Capital in the recapitalization of Engine & Transmission Exchange in partnership with the founders and management of ETE.
- Represented Gauge Capital and its portfolio company Circa in the sale of Circa to Mitratech, a global provider of legal, compliance, and HR software.
- Represented Gauge Capital in connection with its recapitalization in partnership with the founders and management team of Exigo.
- Represented Gauge Capital in connection with the announcement by TPG’s The Rise Fund that it has entered into a definitive agreement to acquire a majority stake in Teachers of Tomorrow.
- Represented GHO Capital portfolio company Velocity Clinical Research in the acquisition of Meridian Clinical Research. The deal makes Velocity the largest dedicated research site organization in the world with approximately 80 sites in the U.S. and Europe, including a technology hub in Hyderabad, India.
- Represented GHO Capital and The Vistria Group in its acquisition of Alcami, a pharmaceutical contract development and manufacturing organization, from funds affiliated with Madison Dearborn Partners and Ampersand Capital Partners.
- Represented GHO Capital, a European specialist investor in global healthcare, in a business combination agreement between two contract development and manufacturing organizations (CDMOs), RoslinCT and Lykan Bioscience.
- Represented GHO Capital in its majority investment in ClearView Healthcare Partners.
- Represented GHO Capital and portfolio company DNA Diagnostics Center in the sale of DNA Diagnostics to Eurofins, a publicly traded global laboratory testing business.
- Represented GI Partners in its investment in Rectangle Health in conjunction with existing investor TA Associates.
- Represented Global Healthcare Opportunities, or GHO Capital Partners LLP, in its investment in Biocare Medical.
- Represented H.I.G. Capital in an affiliate acquisition of Oxford Global Resources, a leading provider of specialty staffing and consulting services in the United States and Europe, from ASGN Incorporated.
- Represented Lakeview Capital in its investment in The Mochi Ice Cream Company, makers of My/Mo Mochi Ice Cream and the largest branded manufacturers of mochi ice cream in North America.
- Represented ITS Logistics and its shareholders, including McNally Capital, in the sale of ITS Logistics.
- Represented McAfee Corp., a global leader in online protection, in its agreement to be acquired by an investor group led by Advent International Corporation and Permira Advisers LLC, Crosspoint Capital Partners, Canada Pension Plan Investment Board, GIC Private Limited, and a wholly owned subsidiary of the Abu Dhabi Investment Authority.
- Represented McNally Capital, a lower middle-market private equity firm focused on founder and family-owned businesses, in an investment in Xcelerate Solutions.
- Represented McNally Capital in its investment in The Smith & Oby Company, a leading Midwest HVAC and plumbing mechanical contractor and services provider.
- Represented Monomoy Capital Partners on the sale of Construction Resources Holdings to International Designs Group, a portfolio company of Mill Point Capital.
- Represented Northleaf Capital Partners and AVALT in their acquisition of AMAROK, LLC. Funds managed by Northleaf and AVALT have together acquired a majority interest in AMAROK with the company’s management team retaining a minority interest.
- Represented Nuance Communications in the planned sale of the Health Information Management (HIM) Transcription business and the Electronic Health Record (EHR) Go-Live Services business to a new independent company, DeliverHealth Solutions LLC, formed by Assured Healthcare Partners in partnership with Aeries Technology Group.
- Represented Silicon Graphics, Inc. in its acquisition by Rackable Systems, Inc.
- Represented Silver Lake and TPG in their $8.0 billion acquisition of Avaya.
- Represented State Street Bank in its sale of CitiStreet, a provider of retirement benefits services.
- Represented Thomas H. Lee Partners in its $1.1 billion acquisition of inVentiv, Inc., a pharmaceutical service provider.
- Represented Thomas H. Lee Partners in its $3.6 billion acquisition of West Corporation, a customer relationship management solutions provider.
- Represented The TJX Companies, Inc. in the sale of its Bob’s Stores division.
- Represented TPG Capital in its $850 million acquisition of the property information business of MacDonald, Dettwiler and Associates (MDA).
- Represented TPG Growth in its acquisition of Hilex Poly Co., a manufacturer of plastic bags and film products.
- Represented The Vistria Group on its acquisition of BioCare, Inc.
- Represented Welsh, Carson, Anderson & Stowe in its acquisition of Smile Brands Group, a provider of support services to dental groups.
- Represented Welsh, Carson, Anderson & Stowe in its $2.16 billion sale of US Oncology, Inc. to McKesson Corp.
- Represented Welvie, a leading health care decision support company, in the sale to Paradigm, an accountable specialty care management organization for catastrophic and complex health care challenges.
- Represented World Insurance Associates in its agreement to acquire Pensionmark Financial Group, a leading retirement and financial planning investment advisor.