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   3Thomas L. DustonChicago(312) 423-3446tduston@marshallip.comtduston@marshallip.comMarshall Gerstein & Borun LLPmarshallip.commarshallip.comdustonthomasl.jpgIntellectual Property LawPatent LawTrade Secrets/Unfair Competition LawLitigationTrade Secrets
Thomas L.
Marshall Gerstein & Borun LLP
233 S Wacker Dr Ste 6300
Chicago IL 60606
Ph.(312) 423-3446 Fx.(312) 474-0448Leading Lawyers Magazine story about this lawyer
Recommended by peers in:    Extensive Experience in:
Intellectual Property Law    Litigation
Patent Law    Trade Secrets
Trade Secrets/Unfair Competition Law
Advisory Board Member
County:  Cook
Litigator:  Yes

Practice Description:  
Mr. Duston's colleagues and opponents alike have praised both his creativity and his tenacity as a trial lawyer. Mr. Duston has litigated patent infringement claims involving diagnostic immunoassays utilizing monoclonal antibodies, hydraulic fittings for aerospace applications, implantable silicone devices for reconstructive surgery, and aluminum alloys used to construct wing surfaces of commercial passenger jets, to name just a few of the areas of technology with which Mr. Duston is experienced. He has tried intellectual property disputes before both judges and juries, as well as handled injunction proceedings, arbitrations, mediations and appeals in such cases.

His work on behalf of clients in the medical, pharmaceutical, semiconductor, computer, explosives, automotive, and metals industries, among others, has encompassed not only patent 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.

Mr. Duston has authored a number of articles in the areas of patent and trade secret litigation.

Earlier in his career, he was named by the Law Bulletin Publishing Company as one of "Forty Illinois Attorneys Under 40 to Watch," a list of the State's most talented and well-regarded lawyers.

Bar Admissions:  
The State of Illinois
The United States Court of Appeals for the Federal Circuit
The United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Seventh Circuit
The United States District Court for the Eastern District of Michigan
The United States District Court for the Northern District of Illinois
Admitted to practice pro hac vice in various district courts throughout the United States, including the Eastern District of Texas, the Northern District of Texas, the Western District of Pennsylvania and the Northern District of California

Retainer:  Varies by case

Year of Birth:  1962

Law School:  University of California--Hastings College of Law,J.D., 1987
Law School Honors/Involvement:  Moot Court Board; Instructor, Moot Court Program

Undergraduate School:  Columbia University, B.A., 1984

Bar/Professional Association Involvement:  
Mr Duston is an active participant in numerous professional and legal organizations. He is a member of the American Bar Association's Sections on Intellectual Property Law and Litigation, the American Intellectual Property Law Association, the Intellectual Property Owners Association, the American Judicature Society, the Seventh Circuit Bar Association, and the Chicago Bar Association. He also serves as a member of the Chicago Bar Association's Judicial Evaluation Committee, as well as numerous committees of these other associations.

Published Legal Writing:  
Mr. Duston has authored a number of articles in the areas of patent and trade secret litigation.

Firm Description:  
Marshall, Gerstein & Borun LLP was founded more than 50 years ago and provides a full range of intellectual property legal services for domestic and international clients. The firm specializes in the clearance, registration, protection and enforcement of patents, trademarks, copyrights, trade secrets, and other forms of intellectual property, and in the acquisition and licensing of intellectual property. Firm attorneys have extensive litigation experience in United States courts, and before the United States and foreign Patent and Trademark Offices, the International Trade Commission, and arbitration tribunals. The Firm also assists clients in obtaining patent and trademark protection, and litigating intellectual property matters on behalf of plaintiffs and defendants in more than 100 countries on six continents. Marshall, Gerstein & Borun's patent prosecution and litigation services encompass all areas of technology, including the electronic, mechanical, chemical and biological sciences, e.g., protein chemistry, molecular biology, immunology, pharmaceuticals, and all recombinant technologies.

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