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. He has represented clients in 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 through jury trials to verdict and has briefed and argued numerous Markman hearings, summary judgment motions, and 35 U.S.C. § 101 Alice motions. His appellate record is exceptional: he has argued patent cases before the U.S. Court of Appeals for the Federal Circuit—including cases resulting in reversals of adverse claim constructions—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.
Todd’s passion for advocacy extends beyond his commercial practice. He has represented numerous pro bono clients in prisoner civil rights cases, asylum petitions, and sentencing appeals. Most notably, in October 2007 Todd argued before the U.S. Supreme Court in United States v. Santos, 553 U.S. 507 (2008). In a landmark 5-4 decision authored by Justice Scalia, the Court held that “proceeds” in the federal money laundering statute, 18 U.S.C. § 1956, means “profits”—not mere “gross receipts”—applying the rule of lenity to resolve the statutory ambiguity in favor of Todd’s client. The decision reshaped the government’s enforcement of the federal money laundering statute nationwide.
Apart from his litigation work, Todd also counsels clients on cybersecurity and data protection, privacy, computer and software issues, e-commerce processes, and other business technology matters. He 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 serves as a Barnes & Thornburg AI Practice Champion, one of nearly 40 attorneys across the firm designated to advance the practical use of AI within their practice group and help translate the firm's AI strategy into day-to-day client work.
Credentials
Education
- Indiana University Robert H. McKinney School of Law, J.D., 1995, summa cum laude
- Indiana University, M.B.A., 1989
- Miami University, B.A., 1987
Bar Admissions
- Illinois
- Indiana
Court Admissions
- U.S. Supreme Court
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Indiana
- U.S. District Court for the Southern District of Indiana
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Eastern District of Texas

