Tompros_Louis

Louis W. Tompros

Louis Tompros is an experienced litigator and first-chair trial and appellate lawyer. He makes the technologically and legally complicated field of intellectual property understandable for juries and judges. He has handled the most challenging patent, trademark and copyright matters at trial and on appeal, for high profile clients in technology, manufacturing, and entertainment. He has tried multiple intellectual property cases to verdict as lead trial counsel, has argued multiple appeals before the Federal Circuit, and teaches patent trial advocacy at Harvard.

Among Mr. Tompros’s first-chair jury trial successes is his representation of Bombardier Recreational Products in a January 2019 trial in Detroit, in which a federal jury returned a full defense verdict rejecting a $130 million trademark infringement claim brought by Jaguar Land Rover over its “Defender” trademark. Land Rover had previously won a similar case against BRP in the European Union, making this US jury trial win particularly significant, and earning Mr. Tompros the title of “Litigator of the Week” from The American Lawyer.   

In the patent space, Mr. Tompros has handled cases involving smartphones, semiconductors, networking, alternative energy, DNA testing, power conversion, data encryption, video compression, personal watercrafts and plastic storage devices. He also represents visual artists, authors, and publishers in copyright infringement actions, including the creator of the famous “Pepe the Frog” comic book character in ongoing enforcement efforts to reclaim the character from “alt-right” entities, and his successful copyright enforcement action against Alex Jones's Infowars media platform. He has also represented clients in trademark, trade dress, unfair competition, trade secret and design patent matters in courts throughout the country. 

As an appellate lawyer, Mr. Tompros regularly appears before the United States Court of Appeals for the Federal Circuit. His Federal Circuit advocacy as lead counsel in (among other cases) In re Klein and In re Packard has shaped the patent law. The Klein case, for example, resulted the Patent Office issuing a public agency-wide memo instructing all patent examiners on new rules for patent examination.

Pro bono representation is also an important part of Mr. Tompros's practice. He has represented artists, authors, and a prominent literary journal on a pro bono basis in copyright and intellectual property contract matters, including representations through the Volunteer Lawyers for the Arts. He has also represented local Boston educational institutions, including the Charlestown Nursery School and the Learning Project Elementary School. He has represented terminated employees in unemployment insurance claims and appeals, public housing tenants facing eviction, and public advocacy groups submitting amicus briefs on criminal defense and privacy issues. In one of his early cases, Mr. Tompros represented a group of gay and lesbian service members challenging the constitutionality of the military's "Don't Ask, Don't Tell" policy, in association with the Servicemembers Legal Defense Network.

While attending Harvard Law School, Mr. Tompros was Supreme Court Chair of the Harvard Law Review and a member of the winning team in the Ames Moot Court Competition.

Community Involvement

Mr. Tompros is the Chair of the Equal Justice Coalition of Massachusetts, a collaboration between the Massachusetts Bar Association, Boston Bar Association, and Massachusetts Legal Assistance Corporation committed to ensuring access to civil legal aid for low-income residents of Massachusetts. In addition, Mr. Tompros serves on the board of trustees of The Learning Project Elementary School and has served as a warden of St. John's Episcopal Church in Charlestown, Massachusetts. Prior to joining the firm, Mr. Tompros served as a summer program coordinator for Jumpstart for Young Children, where he oversaw the operation of a community Head Start center in Jamaica Plain, Massachusetts.

Professional Activities

Mr. Tompros is a Lecturer on Law at Harvard Law School, where he teaches the popular Patent Trial Advocacy course. He has also been a guest lecturer at the Harvard Law School on the topics of discovery and civil procedure, and at the Harvard Business School and the Tuck School of Business at Dartmouth on the topics of intellectual property, non-disclosure agreements and non-competition agreements. Mr. Tompros serves on the advisory board of the Naples Roundtable, an organization engaged in the advanced study of intellectual property law and policy. Mr. Tompros was an invited guest panelist at a plenary session of the American Intellectual Property Institute, focusing on the direction of the Federal Circuit, and the invited moderator at the Federal Circuit Bench & Bar Conference Town Hall meeting concerning the impact of inter partes review on patent litigation. He has delivered educational presentations on Supreme Court patent, copyright and trademark cases, patent damages in the standard-setting context, subject-matter patentability, the availability of permanent injunctions in patent infringement matters, the management of document collection and production in large cases and the practical application of the attorney-client privilege.

Mr. Tompros coached the Harvard Law School team that won the American Intellectual Property Law Association's 2011 national Giles Sutherland Rich Memorial Moot Court Competition. He has also been an invited practitioner participant in the Harvard Law School First Year Problem Solving Workshop and a frequent judge of the Harvard Law School Ames Moot Court Competition.

As a member of the WilmerHale Privilege Standing Committee, he has spoken on the scope and applicability of the attorney-client privilege and work product doctrines. He has also served on the American Intellectual Property Law Association's Trademark Litigation Committee and has contributed material to the AIPLA Trademark/Trade Dress Update.

Mr. Tompros chairs the firm's Boston Associates Committee, and is a member of the firm's Boston Hiring Committee, Diversity Committee and Workload Committee.

Experience

    • Obtained jury verdict of noninfringement as lead counsel for defendant Bombardier Recreational Products in $130 million trademark trial over Jaguar Land Rover’s “Defender” trademark, resulting in recognition by The American Lawyer
    • Obtained summary judgment as lead counsel for personal watercraft manufacturer in patent marking dispute
    • Defeated defendants’ summary judgment motion as lead counsel in copyright infringement action against Infowars media platform, resulting in settlement in which Infowars disgorged all of its profits to the copyright holder
    • Obtained final written determination of noninfringement for major semiconductor manufacturer in International Trade Commission patent infringement investigation, followed by summary judgment of noninfringement in follow-on district court litigation
    • Obtained admission of infringement and disgorgement of profits from infringer of Pepe the Frog copyright, as lead counsel in high-profile action against author of controversial children's book
    • Obtained final written decisions from Patent Trial and Appeal Board in four inter partes review proceedings, rejecting all challenged claims of two patents related to semiconductor manufacturing technology 
    • Lead counsel for leading literary magazine in copyright dispute with online research database provider
    • Argued motion to dismiss patent infringement case against major wireless networks concerning LTE standard 
    • Obtained two significant victories for owner of wind turbine patents in two separate Patent Trial and Appeal Board decisions reversing the examiner's rejections in inter partes reexaminations and confirming the patentability of disputed claims 
    • Lead counsel in Federal Circuit patent appeal defending biopharmaceutical company's $95 million jury verdict against claim construction, invalidity and damages challenges
    • Argued Global Traffic Technologies LLC v. Morgan, obtaining reversal of a multi-million dollar willful infringement judgment against STC, Inc., a leading manufacturer of smart traffic light systems, which allow emergency vehicles to control traffic signals
    • Lead appellate counsel for game accessory manufacturer in copyright and trademark case concerning tabletop battle games, resulting in a favorable settlement
    • Argued In re Packard indefiniteness appeal, singled out by commentators as the most significant pending Federal Circuit patent appeal of 2013, and described by the Federal Circuit as addressing the “important question” of indefiniteness for pre-issuance claims
    • Obtained injunction against competitor in patent infringement case following jury trial and favorable Markman ruling, and defended infringement judgment and injunction against challenge on appeal
    • Successfully represented General Electric in General Electric Co. v. Wilkins, No. 10-CV-0674 (E.D. Cal. 2013), resulting in judgment finding GE has full ownership of wind turbine patent, against challenge by alleged co-inventor, and General Electric Co. v. Wilkins, No. 13-1170 (Fed. Cir. 2014), affirming that determination on appeal
    • Successfully argued In re Klein in 2011, resulting in a precedential opinion reversing a decision of Board of Patent Appeals and Interferences, which was called a “major win” and a “breakthrough” for patent applicants, and which resulted in the Patent Office significantly revising its guidelines for addressing analogous art, including issuing a public agency-wide memo instructing all patent examiners on the new rule
    • Successfully briefed appeal of International Trade Commission domestic industry determination, resulting in Federal Circuit reversal
    • Obtained jury verdict in favor of plaintiff as first chair trial counsel in Winsom v. NCAAA  
    • Obtained favorable settlement as lead counsel in multi-defendant patent litigation in Eastern District of Texas
    • Briefed analysis of waiver of patent rights by conduct before standard-setting organizations, adopted in landmark Federal Circuit opinion
    • Took relevant depositions, prepared key cross examination and conducted post-trial investigation that uncovered opposing party's electronic discovery litigation misconduct, resulting in award of more than $8.5 million in attorneys' fees in well-publicized patent litigation

Recognition

  • Named The American Lawyer’s “Litigator of the Week” in January 2019
  • Named to The National Law Journal's 2015 list of Boston Rising Stars
  • Named a 2014 "Rising Star" in intellectual property law by Law360
  • Recognized as a 2012 "Up & Coming Lawyer" by Massachusetts Lawyers Weekly
  • Named a "Massachusetts Super Lawyers Rising Star" in the 2018 issue of Boston Magazine

Insights & News

Credentials

  • Education

    • JD, Harvard Law School, 2003

      cum laude Editor and Supreme Court Chair, Harvard Law Review
    • BA, English Language and Literature, Yale University, 2000

      with Distinction, cum laude
  • Admissions

    • Massachusetts

  • Clerkships

    • The Hon. Richard Linn, US Court of Appeals for the Federal Circuit, 2008 - 2009

    • The Hon. Robert J. Cordy, Supreme Judicial Court of Massachusetts, 2003 - 2004

Credentials