Tom Gemmell is an intellectual property and commercial trial attorney who represents clients in complex, high-stakes disputes nationwide. He handles patent infringement and licensing disputes, trade secret litigation, false advertising claims and other business disputes, with particular experience in the medical device, health care, aviation, automotive and manufacturing industries.
Tom has tried cases before juries and judges in federal and state courts across the country. His experience includes disputes involving spinal implant systems, hemodialysis machines, aviation and automotive technologies, tracking technologies, building products, imaging systems and other complex products and technologies.
A former fighter pilot, Tom brings a mission-oriented focus in the courtroom to the advantage of his clients, combining focused preparation, strategic judgment and courtroom experience with attention to his clients’ business objectives.
Tom has secured significant wins for patent owners and companies prosecuting and defending against infringement claims and in other intellectual property and commercial disputes. His representative victories include jury verdicts in patent infringement and related commercial-tort lawsuits involving spinal implant technologies, a jury verdict for a leading health care provider in a $780 million patent infringement lawsuit involving hemodialysis technology, summary judgments of infringement for patent owners in multi-million dollar patent infringement lawsuits, summary judgment defeating a $380 million false advertising damages claim, and multimillion-dollar arbitration awards and settlements in patent licensing and trade secret disputes.
Tom’s clients have included General Motors Co., United Airlines, Inc., Cardinal Health, Inc., Guardian Industries, Zebra Technologies Corp., Gogo, Inc., Crate & Barrel, XSport Fitness and Jack in the Box, Inc.
Education
- University of Colorado (B.A., 1984)
- Distinguished Graduate, Dean's List; Phi Beta Kappa
- Stanford Law School (J.D., 1995)
- Managing Editor, Stanford Journal of Law, Business and Finance; Editor, Stanford Journal of International Law
Bar Admission
- Illinois, 1995
Court Admissions
- U.S. District Court, Northern District of Illinois, Trial Bar, 2012
- 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
Professional Affiliations
- American Bar Association
- ABA, Section of Science & Technology Law: Artificial Intelligence and Robotics Committee
- Association for Unmanned Vehicle Systems International (AUVSI)
- Unmanned Aircraft Systems Advisory Network
- Stanford Law Alumni Association
Civic Organizations
- Stanford University Office of Undergraduate Admissions, Applicant Interviewer (OVAL)
- Northwestern University Office of Fellowships, Truman Scholarship Committee
- 1st Fighter Association
- American Legion
Military Awards
- Meritorious Service Medal (with oak leaf cluster)
- Air Medal (with three oak leaf clusters)
- Aerial Achievement Medal (with three oak leaf clusters)
- Air Force Commendation Medal (with oak leaf cluster)
- Southwest Asia Service Medal (with two bronze stars)
Recognition
- Named "Illinois Litigation Star" by Benchmark Litigation, 2022-2026
- Named "Leading Lawyer" by Leading Lawyer and Leading Lawyer Magazine, 2022
- Recognized, Crain's Chicago Business, Notable Veteran Executive, 2021-2022
