Thomas L. Gemmell

Shareholder

312.873.3688

Areas of Focus

Education
- J.D., Stanford Law School, 1995, Managing Editor, Stanford Journal of Law, Business and Finance; Editor, Stanford Journal of International Law
- B.A., University of Colorado, 1984, Distinguished Graduate, Dean's List; Phi Beta Kappa

Bar Jurisdictions
- Illinois, 1995
- U.S. District Court, Northern District of Illinois, Trial Bar, 2012

Court Admissions
- U.S. District Court, Northern District of Illinois, 1995
- State of Illinois, 1995
- U.S. District Court, Eastern District of Michigan, 2000
- U.S. District Court, Northern District of California, 2006
- U.S. District Court, Eastern District of Wisconsin, 2008
- U.S. District Court, District of Minnesota, 2008
- U.S. District Court, Eastern District of Texas, 2008
- U.S. District Court, District of Oregon, 2009
- U.S. District Court, Northern District of Indiana, 2012
- U.S. District Court, Eastern District of Missouri, 2014
- State of Missouri, 2014
- U.S. District Court, Middle District of Florida, 2017

Tom Gemmell is an experienced intellectual property and business litigator. He is also the Lead of the firm’s Unmanned Systems and Advanced Robotics practice and Co-Lead of the firm’s Aviation and Transportation and Logistics practice. Tom’s practice is national in scope and he represents clients across a range of industries, including aviation, defense, automotive, health care and manufacturing. Tom also speaks at conferences and seminars on topics related to intellectual property and unmanned systems.

Tom has jury and bench tried cases in federal and state courts nationwide and, as a former fighter pilot, brings a mission-oriented focus in the courtroom to the advantage of his industry clients. Tom’s victories on behalf of clients include:

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
Summary judgment on direct infringement for industrial solutions provider in multi-million dollar patent infringement lawsuit
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

Tom’s clients have included, among others: Zebra Technologies Corp.; General Motors Co.; United Airlines, Inc.; Cardinal Health, Inc.; Gogo, Inc.; Crate & Barrel; XSport Fitness; Jack in the Box, Inc.

Jury verdict for leading healthcare provider on claim of inequitable conduct before U.S. Patent and Trademark Office in $780 million patent infringement lawsuit brought by competitor in U.S. District Court, Northern District of California, relating to hemodialysis machines.
Summary judgment for leading distributor of building products on $380 million claim for false advertising damages in lawsuit brought by competitor in U.S. District Court, Eastern District of Wisconsin.
Arbitration award for leading tracking technologies company on multi-million dollar claim of breach of patent license agreement.
Arbitration award for global energy producer on theft of trade secret count in lawsuit brought in U.S. District Court, Northern District of Oklahoma relating to seismic sequence attribute map (SSAM) technology.
Dismissal of patent infringement claims brought against leading online photography services provider in lawsuit brought in U.S. District Court, Eastern District of Texas by Non-Practicing Entity relating to photo-sharing technology.
Full amount damages for building products manufacturer in settlement of patent infringement counterclaim against competitor in U.S. District Court, Eastern District of Wisconsin.
Award in favor of tier-one automotive supplier in arbitration of ownership/inventorship of patents relating to airbag cover technology.
Favorable settlement for leading provider of Microsoft Office integration software and service in patent infringement case brought in U.S. District Court, District of Oregon, related to computer toolbar customization technology.
Favorable settlement for imaging products manufacturer in theft of trade secrets and unfair competition lawsuit brought by competitor in Illinois Circuit Court relating to CAT and MRI scanners.
Represented power-tool manufacturer at jury trial in multi-million dollar design patent and trade dress infringement lawsuit brought in U.S. District Court, Eastern District of Virginia, by competitor relating to miter saws and trade dress in the colors black and yellow.
Represented Fortune 100 multinational automotive OEM at jury trial in product liability lawsuit brought in New York Supreme Court relating to alleged vehicle “sudden acceleration.”
Represented tier-one automotive supplier of thermoplastic products in multi-patent infringement lawsuit brought by competitor in U.S. District Court, Eastern District of Michigan, relating to airbag cover technologies.
Represented defense contractors in mass tort class action lawsuit brought in U.S. District Court, Eastern District of Washington by plaintiff class relating to release of iodine-131 from Cold War plutonium production facilities.
Represented U.S. airline in multi-million dollar defective-design and breach of contract lawsuit brought in Denver District Court against designer of Denver International Airport’s automated baggage system.
Represented North America’s largest intercity bus transportation provider in $200 million defective design and breach of contract lawsuit brought in Illinois Circuit Court.
Represented leading manufacturer of plush animal toys in numerous trademark infringement lawsuits, resulting in court orders and settlements to enforce infringers’ withdrawal of infringing products from market.
Represented web-based photography-services provider and specialty retailer of fashion footwear in qui tam actions brought in Illinois Circuit Court on behalf of the State of Illinois relating to Internet sales and use-tax, and shipping tax.

Publications & Presentations	President Trump Directs Drone Integration Pilot Program to Accelerate Low-Altitude Operations Polsinelli on Drones & Advanced Robotics Blog October 25, 2017
Publications & Presentations	Recent Aerospace & Defense Developments Presenter; Global Chambers September 12, 2017
Publications & Presentations	Army Drops DJI Citing Cybersecurity Concerns Polsinelli on Drones & Advanced Robotics Blog August 15, 2017
Publications & Presentations	FAA In Search of a Legal Basis For Drone Registration Polsinelli on Drones & Advanced Robotics Blog July 31, 2017
Publications & Presentations	Here’s What's Important for Local Governments Planning to Acquire Drones Featured in Government Product News May 24, 2017
Publications & Presentations	Robots Create Efficiencies…But at What Cost? Polsinelli on Drones & Advanced Robotics Blog March 16, 2017
Publications & Presentations	Air Traffic Management Startup AirMap Receives Additional $26 Million from VC Investors Polsinelli on Drones & Advanced Robotics Blog February 23, 2017
Publications & Presentations	NASA-Vigilant Project Takes Another Step Towards Beyond Visual Line Of Sight Polsinelli on Drones & Advanced Robotics Blog January 30, 2017
Publications & Presentations	Drone Advisory Committee Set to Meet In Reno January 31 Polsinelli on Drones & Advanced Robotics Blog January 27, 2017
Publications & Presentations	On The UAS Horizon: Legal Considerations Every UAS Interested-Party Needs To Know Arizona UAS Summit & Expo; Scottsdale, AZ November 7-9, 2016

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Thomas L. Gemmell