Tom J. Filarski

senior counsel

Tom Filarski is an experienced patent litigator, chemist and chemical engineer whose four-decade career bridges science, innovation, and law. Trained first as an engineer in the energy sector before transitioning to intellectual property, Tom built a reputation for translating complex technologies into persuasive courtroom narratives. His work spans patent litigation, licensing, and appellate advocacy across industries ranging from pharmaceuticals and medical devices to semiconductors and materials processing.

Before entering law, Tom worked for a Chicago-based oil refinery design company, where he gained hands-on experience with cracking catalysts and heavy oil downstream processes. When the 1980s energy recession curtailed new projects, Tom pivoted, earning his J.D. and beginning a lifelong career helping innovators protect and commercialize their inventions. His scientific foundation in chemistry and chemical engineering continues to shape his approach to every case: analytical, precise, and grounded in real-world technology.

Over the years, Tom has guided clients through some of the most transformative moments in modern patent law. In the 1990s, he successfully enforced a patent on a needleless IV valve—a device that helped protect healthcare workers during the height of the AIDS epidemic. He later led development of a patent portfolio for aortic stent technology developed by a major Indiana medical manufacturer, advising on prosecution, strategy, and enforcement.

In the pharmaceutical sector, Tom became deeply involved in Hatch-Waxman litigation, representing pharmaceutical companies in injunction and exclusivity disputes primarily in Delaware and New Jersey federal district courts and in the Federal Circuit Court of Appeals. His balanced understanding of patent rights and market dynamics has earned him recognition from IAM Patent 1000, which praised him as being “on the cutting edge at all times” and for his ability to “extract value out of patent rights.”

Tom contributed to the growth of the Chicago IP department of Steptoe LLP, following more than two decades at Brinks Gilson & Lione, where he represented Fortune 500 and emerging companies in complex IP enforcement, licensing, and technology transfer matters. His clients and colleagues alike note his measured, calm presence and gift for explaining sophisticated concepts in plain English—qualities that make him as effective before judges and juries as he is in boardrooms.

Beyond his casework, Tom has been a prominent leader in the licensing and innovation community. A past president of the Licensing Executives Society (USA & Canada), he served on its Board of Trustees 2001-14 and chaired multiple national conferences and committees. He is also a member of the Richard Linn American Inn of Court, where he contributes to professional mentorship and education in intellectual property law.

outside the office

An avid athlete and traveler, Tom enjoys golf, swimming, cycling and the occasional triathlon and has hiked extensively throughout Colorado and a bit in Europe. A frequent traveler to Scotland and Switzerland, often with golf clubs in tow, he combines his love of sport with a curiosity for new places and cultures.

Tom is also a proud father of two daughters who have each charted remarkable professional paths: one a trademark and brand attorney, the other a physician assistant specializing in otolaryngology surgery, both at nationally-recognized entities. Their work, like his, reflects a shared commitment to precision and purpose.

In addition to family and travel, Tom serves on the advisory board of Naples Technology Ventures, a venture capital firm focused on SaaS investments and early-stage technology growth. Through this role, he applies his blend of business insight and technical expertise to help emerging companies scale strategically and prepare for successful exits.

  • Needleless IV Valve Patent: Represented a small medical device manufacturer in enforcing its patent against major competitors, resulting in a landmark settlement that validated widespread adoption of the client’s innovative and safer IV systems during the 1990s.
  • Aortic Stent Patent Portfolio: Directed global patent strategy for a leading medical device company, overseeing prosecution, licensing, and enforcement of aortic stent technologies used in life-saving cardiovascular procedures.
  • Hatch-Waxman and ANDA Litigation: Represented major pharmaceutical clients primarily in generic drug patent disputes across the Federal Circuit and district courts, involving patent and FDA exclusivity strategies.
  • Semiconductor and Litigation: Advised and litigated technology companies on disputes involving polymers, semiconductor and related products and fabrication processes, leveraging his chemistry and chemical engineering background.
  • Appellate and Federal Circuit Advocacy: In a recent Federal Circuit decision, the court reversed judgment and overruled a jury verdict declaring the patent in suit invalid for failure to comply with the written-description requirement of the patent stature.  The victory, rare in the pharmaceutical space, concluded a 15-year, multi-jurisdiction patent battle over the Latisse® portfolio.
  • J.D., DePaul University College of Law, 1986
  • MBA Studies, Loyola University of Chicago, 1983
  • M.S., Chemical Engineering, Michigan Technological University, 1980
  • B.A., Chemistry, Loyola University of Chicago, 1978
  • State Bar of Illinois
  • United States District Court for the Northern District of Illinois
  • United States Patent and Trademark Office
  • United States Court of Appeals for the Federal Circuit
  • United States Supreme Court
  • USPTO Registered Patent Attorney
  • Past President, Licensing Executives Society (USA & Canada)
  • Board Member, Richard Linn American Inn of Court, 2001 – Present
  • Recognized by IAM Patent 1000 for excellence in Hatch-Waxman litigation
  • Helped Grow the Chicago IP Department, Steptoe LLP
  • Author, “Patent Defenses,” BNA Books’ Patent Litigation Strategies Handbook (Multiple Editions) – Wrote and annually updated this chapter for approximately 10 years.
  • Author, “Basics of Patent Law: Strategies for Entrepreneurs and Start-Up Enterprises,” Medical Innovation: Concept to CommercializationWrote the chapter on intellectual property basics for entrepreneurs and start-up companies.
  • Speaker, ACI Biosimilars Conference – Presented “Review of IPR Filings on Pharmaceutical Patents,” April 2015, Munich.
  • Speaker, ACI Hatch-Waxman PIV Conference – Delivered “Review of Key Supreme Court Cases for Paragraph IV Litigation,” October 1, 2014.
  • Co-Chair & Speaker, ACI Hatch-Waxman Boot Camp Conference – Presented “ANDA Litigation 101: Paragraph IV Disputes Primer,” June 9–10, Chicago, IL.
  • Moderator, FCBA 16th Annual Bench and Bar Conference (Townhall #5) – Led discussion on “Patent Office Review of Issued Patents,” June 20, Asheville, NC.
  • Presenter, Seventh Annual Sino-US Lecture and IP Mock – Conducted mock trial and lecture on Hatch-Waxman/ANDA litigation, June 24–25, Beijing, China.
  • Moderator, ABA Intellectual Property Roundtable – Led session on “Gene Patenting in the United States After the Myriad Decision,” February 23, 2012, Chicago, IL.
  • Presenter, AUTM–LES Joint Meeting – “The Case of the Snake-Bit University: Inventorship and How Far Does a License Go?” Mock appellate argument before Hon. Randall R. Rader, Chief Judge, U.S. Court of Appeals for the Federal Circuit, March 12, 2012, Anaheim, CA.
  • Panelist, ACI 6th Annual Paragraph IV Disputes Conference – “Exclusivities and Forfeitures: New Developments, Controversies and Concerns Relative to Paragraph IV Litigation,” April 24–25, 2012, New York, NY.
  • Panelist, Biosimilars: ACI 3rd Advanced Summit – “The First Wave of Litigation: Proactive Procedures and Early Considerations for Innovators and Biosimilar Companies,” May 22–23, 2012, New York, NY.