Tom Gilbertsen's practice is focused on antitrust, advertising, intellectual property, privacy and other complex commercial litigation matters, with particular emphasis on consumer class actions.  He serves as lead counsel to major consumer product, technology, financial services and publishing companies in federal and state trial and appellate courts across the country, as well as before the Federal Trade Commission, the United States Department of Justice Antitrust Division, and the International Trade Commission.

Representative Clients

Significant Matters

• Defeated Federal Trade Commission contempt proceeding challenging vitamin and dietary supplement marketer’s efficacy and ingredient claims.  (S.D. Fla.)
• Defeated competitor's TRO and preliminary injunction motion seeking to disrupt client's nationwide launch of new product line by alleging violations of federal and state trademark and anti-dilution statutes.  (E.D.Mo.)
• Successful resolution of Lanham Act claims challenging competitors' labeling of beverage products.  (S.D.N.Y.)
• Successful pursuit of Lanham Act grey marketing claims against unauthorized remanufacture and distribution of client's products.  (W.D. Tex.)
• Successful resolution of Lanham Act false advertising claims in the domestic truck tire market.   (S.D. Iowa)

• Successful prosecution of claims for declaratory judgment and breach of patent license in connection with flat-panel displays utilizing electron field emission display patents; enjoined attempted termination of patent license relating to carbon nanotube cathodes.  (N.D. Ill. and W.D. Tex.)
• Defended electronic card authentication device manufacturer against patent infringement claims asserted by patent portfolio company.  (E.D.N.Y.)
• Successful inequitable conduct defense defeated patent claims asserted against client's flat-panel display manufacturing process.  (E.D.Va.)  
• Favorably resolved claims asserting fiber optic method patents against a foreign infringer under Section 337 of the ITC Act.  (ITC)
• Prosecuted alleged infringement of signal processing patents applicable to digital satellite television broadcast services under Section 337.  (ITC)

• Represented trade association defending allegations of conspiracy to restrict output of plasma protein derivative therapies.  (N.D.Ill.)
• Represented company in confidential DOJ Antitrust Division investigation.
• Resolved at trial antitrust claims and counterclaims alleging monopolization, exclusive dealing and conspiracy to restrain trade in the domestic truck tire retreading market.  (S.D. Iowa)
• Challenged an integrated health care system's exclusive dealing and alleged group boycott on behalf of competing outpatient imaging facility. (D.Md.)
• Successful pursuit and settlement of monopolization and exclusive dealing claims in marine engine market.  (E.D.Va.)
• Successful pursuit and settlement of monopolization and horizontal patent pool conspiracy claims against competitor in flat-panel display market.  (D.N.J.)
• Challenged Eastern railroads' conspiracy to restrain trade in Great Lakes iron ore transportation.  (E.D.Pa. and Ohio state courts)

• Represented wireless carrier in landmark putative class action case establishing that private litigants suing under the District of Columbia Consumer Protection Procedures Act must plead injury-in-fact standing.  (D.C.)
• Represented cable news network against putative class challenging mobile Internet site's operations under variety of state and federal privacy statutes.  (C.D. Cal.)
• Achieved dismissal with prejudice as lead counsel to national bank defending putative class action alleging unlawful data pass, breach of privacy policy and RICO violations in connection with telemarketing, sale and administration of insurance products.  Dismissal upheld on appeal by Fifth Circuit.  (S.D.Tex.)
• Defeated class certification in multistate consumer protection litigation challenging sporting goods retailer's pricing policies and advertisements.  (W.D.Ky.)
• Represented nationwide retailer defending putative class of customers asserting California statutory privacy claims.  (E.D. Cal.)
• Represented leading tax preparation service in putative class action asserting state and federal privacy claims in connection with alleged data breach.  (D.La.)
• Defended national bank against Unfair Competition Law (UCL) and Consumers Legal Remedies Act (CLRA) claims related to commercial debt cancellation services.  (N.D.Cal.)
• Defended invasion of privacy claims asserted by putative class of Internet service subscribers who participated in on-line behavioral advertising program.  (N.D.Cal.)
• Defeated certification in putative class action challenging magazine publisher's subscription renewal and cancellation policies.  Denial of class certification upheld on appeal to Third Circuit.  (D.N.J.)
• Obtained summary judgment for defendant call center and debt collection company in putative class action pursuing multistate privacy claims.  Summary judgment on privacy claims upheld by Ninth Circuit.  (S.D.Cal.)
• Obtained dismissal of a putative class action challenging coupon redemption policies of nationwide retailer.  (E.D.N.Y.)
• Obtained dismissal of a putative class action suit alleging violations of the Fair Credit Reporting Act (FCRA) in connection with prescreened marketing offers by wireless carrier.  (N.D. Ill.)
• Settled nationwide class action claims related to wireless carrier rate changes and related disclosures.  (Cal. Sup. Ct. and N.D. Ill.)
• Obtained dismissal of class action complaint alleging deceptive billing practices.  (Tenn.)
• Consolidated more than 30 cases challenging wireless telephone carriers' FCC program cost recovery fees; All Writs Act injunction enjoining several competing state cases and nationwide class settlement approved by MDL court and upheld on appeal over objections of major plaintiff class action firms.  (W.D. Mo.)
• Primary jurisdiction referral to FCC of putative nationwide class action suit challenging wireless carrier's recovery of number porting costs under the Communications Act; suit subsequently dismissed with prejudice.  (S.D. Fla.)
• Obtained denial of class certification in action challenging an internet service provider's rebate fulfillment practices; upheld on appeal. (Fla.)
• Obtained dismissal of putative class action challenging internet service provider's pricing advertisements and practices.  Dismissal upheld on appeal by California Court of Appeals.

Activities