FacultyFaculty/Author Profile
Thomas L. Duston

Thomas L. Duston

Marshall Gerstein and Borun LLP

Chicago, IL, USA


Mr. Duston is a hands-on trial lawyer who focuses on patent litigation on behalf of some of the most sophisticated companies in the United States. Recently, Mr. Duston served as lead trial counsel for one of the defendants in Eolas Technologies LLC v. Adobe, et al. (E.D. Tex.), a case in which defendants successfully invalidated before a Tyler, Texas jury two of the most notorious early Internet patents. Mr. Duston has been lead counsel in more than 60 patent infringement matters in federal courts throughout the United States. Mr. Duston is praised for both his creativity and tenacity as a trial attorney. His talents also include strategically positioning cases so as to enable favorable dispositions through negotiation, dispositive motions, or parallel Patent Office proceedings. Mr. Duston has represented Groupon, CDW, Newegg, T-Mobile, Charter Communications, Express LLC, GE Aviation, TRINOVA (now part of Eaton), Russell Athletic, Raytheon, Home Depot, Abbott Laboratories, Classified Ventures, as well as Zappos.com, among others. The Leading Lawyers Network has named him a Leading Lawyer in IP Litigation and profiled him in its September 2014 edition of Leading Lawyers magazine.  U.S. News and World Report has repeatedly listed him as among “The Best Lawyers in America” in the practice area of Litigation - Intellectual Property. Thompson Reuters has identified him as among the “Top 100”  attorneys in Illinois, and repeatedly named him among its list of “Super Lawyers.”  American Lawyer Media (ALM) and Martindale-Hubbell selected him as a "Top Rated Lawyer in Intellectual Property.”  The World IP Handbook and Survey named him an "IP Star.” He has authored a number of articles in the areas of patent and trade secret litigation. He has been awarded a Martindale-Hubbell® AV Peer Review Rating™. Earlier in his career, Mr. Duston 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. A graduate of Columbia University (B.A. 1984), Mr. Duston received his J.D. in 1987 from University of California, Hastings College of the Law, where he was a member of the Moot Court Board and an instructor in the Moot Court Program. Mr. Duston externed as a staff attorney for the Ninth Circuit Court of Appeals.
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