Tom Filarski represents prominent pharmaceutical, medical device, and electronics companies in patent enforcement and defense actions. According to clients, Tom "has a gift for explaining technology and technological terms in a way that makes them understandable to a judge, a jury, or any decision maker." Tom is "on the cutting-edge at all times" in Hatch-Waxman pharmaceutical disputes and "knows how to extract value out of patent rights, and understands the changing nature of the marketplace," according to IAM Patent 1000.
Recently, Tom successfully led a major drug manufacturer in multiple patent disputes, ultimately allowing the company to sell its several FDA-approved products used to enhance eyelash growth and treat upper respiratory infections and other conditions.
Tom has been involved in landmark patent cases on claim construction and patent venue. He led the teams that resolved the debate within the Federal Circuit over the interpretation of product-by-process claims and, more recently, the Federal Circuit’s decision on "regular and established place of business."
Tom is the past president of the Licensing Executives Society (USA and Canada), which promotes the development and transfer of technology into commerce. He also served on the board of the Richard Linn American Inn of Court. Tom speaks to professional and industry groups in the United States and abroad on patent litigation and intellectual property topics.
Tom authored and annually updates the chapter on "Patent Defenses" in BNA Books' Patent Litigation Strategies Handbook and wrote the chapter on "Basics of Patent Law: Strategies for Entrepreneurs and Start-Up Enterprises" in the recent publication Medical Innovation, Concept to Commercialization.
- Supreme Court of the United States
- US District Court, Northern District of Illinois, Trial Bar
- US Court of Appeals, Federal Circuit
- US Patent & Trademark Office
- J.D., DePaul University College of Law, 1986
- M.S., Michigan Technological University, 1980, Chemical Engineering
- B.A., Loyola University Chicago, 1978, Chemistry
Areas of Practice
- Representing Sandoz Inc. in patent litigation involving a drug used to grow eyelashes.
- Represented Sandoz Inc. in patent litigation and obtained temporary restraining order and preliminary injunction over patents relating to an antibiotic used to treat upper respiratory infections.
"The Policy and Practicalities of Jurisdiction: Debating the Impact of TC Heartland on Paragraph IV Litigation," ACI's Paragraph IV Disputes Master Symposium, Chicago, IL, October 2, 2017
Moderator, ACI's Paragraph IV Disputes Master Symposium, Chicago, IL, September 19, 2016
Moderator, "Judges’ Spotlight: Lessons from the Hatch-Waxman Experience for Biosimilars Litigation," ACI's 6th Annual Summit on Biosimilars, New York, NY, June 1, 2015
"The Potential Impact of Octane or Legislatively Mandated Fee Shifting on Case Management," FCBA 2015 Advanced Complex Litigation Series, May 15, 2015
"Incorporating Inter Partes Review and New USPTO Procedures Into Branded and Biosimilar Litigation Strategies," ACI's US Biosimilars, Munich, Germany, April 20, 2015
"Intellectual Property Strategy," 2015 Clean Energy Challenge, March 12, 2015
News & Publications
August 15, 2019
July 19, 2019
January 28, 2019
August 15, 2018
July 2, 2018
January 25, 2018
August 15, 2017
June 22, 2017
January 13, 2017
August 15, 2016
- Best Lawyers in America, Patent Law (2010-2020)
- IAM Patent 1000, Litigation: Illinois (2012-2019)
- IAM Patent 1000, Transactions: Illinois (2018-2019)
- Managing Intellectual Property, "Stars" in IL (2013-2017)
- LMG Life Sciences, "Life Science Star" (2012, 2014-2017)
- Super Lawyers, Illinois, Intellectual Property Litigation (2005-2019)
- IAM Patent 1000, Highly Recommended, Transactions: Illinois (2012-2015)
- IAM 250, Highly Recommended, The World's Leading Patent & Technology Licensing Lawyers (2011-2012)
- IAM 250, The World's Leading Patent & Technology Licensing Lawyers, Life Sciences (2011-2012)
- IAM 250, The World's Leading Patent Litigators (2011)
- IAM 250, The World's Leading Life Sciences Patent Litigators (2010)
- Leading Lawyers Network, Leading Intellectual Property and Patent Lawyer (2004, 2005, 2007, 2009, 2010, 2014)