• vcard
312.873.3688
  • 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 practice and of the firm’s Transportation and Logistics practice. Tom’s practice is national in scope and he represents clients across a range of industries, including, in particular, Aerospace & Defense, aviation, automotive, health care and manufacturing industries. Tom also frequently 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.; Cardinal Health, Inc.; General Motors Co.; United Airlines, Inc.; Gogo, Inc.; Capital Fitness dba XSport Fitness; Crate & Barrel; Jack in the Box, Inc.; Environmental Systems Design, 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.

text icon Publications & Presentations
Polsinelli on Drones & Advanced Robotics Blog
October 25, 2017
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Presenter; Global Chambers
September 12, 2017
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Polsinelli on Drones & Advanced Robotics Blog
August 15, 2017
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Polsinelli on Drones & Advanced Robotics Blog
July 31, 2017
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Featured in Government Product News
May 24, 2017
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Polsinelli on Drones & Advanced Robotics Blog
March 16, 2017
text icon Publications & Presentations
Polsinelli on Drones & Advanced Robotics Blog
February 23, 2017
text icon Publications & Presentations
Polsinelli on Drones & Advanced Robotics Blog
January 30, 2017
text icon Publications & Presentations
Polsinelli on Drones & Advanced Robotics Blog
January 27, 2017
text icon 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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