Biography
Tom Burns is a patent litigator representing biotechnology and pharmaceutical companies in high stakes disputes before U.S. district courts, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Patent and Trademark Office. His practice focuses on Hatch Waxman and biologics litigation, as well as post grant proceedings, involving complex technologies such as pharmaceutical formulations, pharmacokinetics, recombinant DNA, and methods of treatment. Tom also has experience with antitrust litigation. Tom is known for developing and executing litigation strategy in complex matters across all phases of a case, from pre-suit investigations through successful representation of clients in court at hearings and at trial.
In recent years, Tom has been actively involved in several prominent pharmaceutical patent matters. His recent work includes representing Amgen Inc. in a biosimilar litigation concerning PAVBLU®. He is part of the Marshall Gerstein team that defeated a preliminary injunction motion against Amgen. His recent work also includes representing Vetter Pharma International GMBH in antitrust litigation, representing Onyx Therapeutics, Inc. in ongoing Hatch Waxman litigation concerning Kyprolis® (carfilzomib), and representing Nexus Pharmaceuticals in federal patent infringement actions.
Thomas was recently ranked in Tier 3 for Intellectual Property in Chicago by Legal 500.
Representative Experience
Thomas has over ten years of experience in all aspects of patent litigation and has conducted the direct examination of witnesses at trial. He has handled numerous matters involving a wide variety of pharmaceutical and biological technologies, such as:
- Single molecules
- Formulations
- Pharmacokinetics
- Solid state chemistry
- Methods of treatment
- Inhalation aerosols
- Recombinant DNA technology
Background and Credentials
Prior to joining Marshall Gerstein, Thomas worked as an attorney at a law firm in New York and a law firm in Chicago. Both of these firms focused on intellectual property law.
During law school at the Boston University School of Law, Thomas was an editor of the Boston University Law Review. He received his B.S., with distinction, in genetics and history from Iowa State University.
Education
- Boston University School of Law (J.D.)
- Iowa State University (B.S., with distinction)
- Genetics
- History
Bar Admissions
Publications
- "What To Expect In Patent Litigation This Year," co-author, Law360, January 3, 2020.