Thomas Duston, of Marshall, Gerstein & Borun LLP, is an IP litigator experienced in representing plaintiffs and defendants in a range of patent, trademark, trade dress, and copyright disputes across US federal courts. Duston has represented some of the world’s most sophisticated and market–leading companies in the e-commerce, biotechnology, wireless communications, and electronics industries.
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312.423.3446
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Accolades

Chicago Elite

Profile

Position

Partner

Career

Tom Duston is a hands-on trial lawyer who focuses on patent litigation for some of the world's most sophisticated companies. With more than thirty years' experience, he has been lead counsel in over 60 patent infringement matters in U.S. Federal courts. Tom is praised by clients and adversaries alike for both his creativity and tenacity as a trial attorney. He has represented Groupon, Abbott Laboratories, CDW, Newegg, T-Mobile, Charter Communications, Express LLC, GE Aviation, TRINOVA (now part of Eaton), Russell Athletic, Raytheon, Home Depot, Classified Ventures, as well as Zappos.com, to name but a few.

Tom has experience with a diverse array of technologies in the medical, pharmaceutical, semiconductor, computer, Internet, explosives, automotive and metals industries, among others. His work on behalf of his clients has encompassed not only patent infringement litigation, but also trade secret disputes, the enforcement of non-competition agreements, trademark actions, claims of unfair competition, and contract and negligence claims relating to technology failures. He has tried intellectual property disputes before both judges and juries, and has handled injunction proceedings, arbitrations, mediations and appeals in such cases.

Memberships
American Bar Association   Intellectual Property Law and Litigation Sections American Intellectual Property Law Association American Judicature Society Chicago Bar Association Judicial Evaluation Committee Executives' Club of Chicago Intellectual Property Owners Association Damages and Injunctions Committee International Association for the Protection of Intellectual Property (AIPPI) Steering Committee Enforcement Committee Trade Secrets Committee Seventh Circuit Bar Association
Education
  • University of California Hastings College of the Law (J.D.)
  • Columbia University (B.A.)

Content supplied by Marshall, Gerstein & Borun LLP

Key clients

  • Charter Communications, Inc
  • Medela Holdings AG / Medela LLC

Work highlights

Represented Canfield Scientific, Inc. against Quantificare S.A., which alleged Canfield was infringing on three patents directed to stereophotogrammetry devices and methods of three-dimensional patient imaging reconstruction. Filed three IPRs on behalf of Canfield, successfully invalidating the claims on each of the asserted patents. Quantificare appealed this decision in the US Court of Appeals for the Federal Circuit, with Canfield prevailing and the Federal Circuit affirming the PTAB's decision.