Tompros, Louis W.

Louis W. Tompros

Louis Tompros's practice focuses on patent, copyright and trademark matters at the trial and appellate levels. He has represented clients in patent disputes involving a variety of technologies, including smartphones, semiconductors, networking, alternative energy, DNA testing, power converters, data encryption, video compression, personal watercrafts and plastic storage devices. He has represented clients in copyright infringement disputes, including visual artists, authors and publishers. He has also represented clients in trademark, trade dress, unfair competition, trade secret and design patent matters. His practice has encompassed all facets of litigation, including discovery, settlement, alternative dispute resolution, trials, injunction proceedings and appeals. His trial work includes bench and jury trials in federal and state courts and administrative agencies, including first-chair trial experience. His appellate experience includes multiple arguments before the United States Court of Appeals for the Federal Circuit.

Mr. Tompros also serves as a lecturer on law at Harvard Law School, where he teaches Patent Trial advocacy.

Pro bono representation is also an important part of Mr. Tompros's practice. He represents the creator of the Pepe the Frog character in his high-profile copyright enforcement actions against alt-right entities. Through the Volunteer Lawyers for the Arts, he represented an artist whose artwork had been damaged on loan to a museum, a disability rights author and advocate in a copyright dispute with her publisher, and a prominent literary journal in a copyright dispute with an electronic database service. 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. Mr. Tompros also represented a group of gay and lesbian service members in one of the first challenges to 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.

Mr. Tompros is admitted to practice in the Commonwealth of Massachusetts and before the United States District Court for the District of Massachusetts, the United States Courts of Appeals for the First and Seventh Circuits, the United States Court of Appeals for the Federal Circuit, and the United States Supreme Court.

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 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 is 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 summary judgment as lead counsel for personal watercraft manufacturer in patent marking dispute
    • Lead counsel in copyright infringement action against Infowars media platform
    • Obtained summary determination of noninfringement for major semiconductor manufacturer in International Trade Commission patent infringement investigation
    • 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 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