Tom Gemmell is an experienced intellectual property and business litigator. As a former fighter pilot and son of a supplier to the Big Three auto manufacturers, Tom has hands-on experience in the aerospace and automotive industries and, in the courtroom, brings a mission-oriented focus to the advantage of industry clients. Tom has jury and bench tried cases in federal and state courts nationwide and represents clients in, among others, the aerospace, automotive, health care and manufacturing industries. Among Tom’s victories on behalf of clients are:
- Jury verdict for leading health care provider in $780 million patent infringement lawsuit
- Summary judgment for distributor of building products on $380 million false advertising claim
- Arbitration award for tracking technologies company on multi-million dollar claim for breach of patent licensing agreement
- Arbitration award for global energy producer on theft of trade secrets claim
- Dismissal for web-based photo-services provider in multi-patent infringement lawsuit brought in U.S. District Court, Eastern District of Texas
Tom is also Lead of the firm’s Transportation and Logistics practice and Co-Lead of the firm’s Unmanned Aircraft Systems and Advanced Robotics practice and Aviation practice. In aviation and aerospace/defense, Tom represents commercial airlines, corporate flight departments and defense contractors in litigation and intellectual property matters. Among his representative matters include:
- Represented airline in defective-design and breach of contract lawsuit against designer and developer of automated baggage system
- Represented airline in breach of contract lawsuit against developer of in-flight entertainment system for 777 aircraft
- Represented carriage, release and ejection systems developer relating to bid for supply contract to U.S. Navy
- Represented worldwide consumer products company in business jet crash investigation
- Represented developer of remotely-operated weapons system in patent infringement lawsuit
Relating to Unmanned Aircraft Systems, commonly referred to as “drones,” Tom is proficient in FAA regulations, UAS technologies, and operations in the national airspace. He represents clients across a wide range of industries, including energy, agriculture, real estate, communications, mapping, mining, railroad, higher education, and movie and television, and is among the first to obtain FAA authorization for the commercial use of drones. Tom’s experience includes:
- Part 107 / FAA 333 Exemption
- Program setup and integration
- Privacy and data security
- Service agreements
- Insurance