Overview

Thomas A. Rammer, II focuses on patent litigation. His practice centers on Hatch-Waxman litigation and includes experience with pharmaceuticals, medical devices, semiconductors, software, and electronics.

Tom performs all phases of litigation from discovery and jury selection through witness examination, and substantive motion and closing arguments. A conscientious and compelling litigator, he has served as second chair and is particularly skilled in finding, investigating, and preparing expert witnesses.

The effectiveness of Tom’s oral advocacy skills have been noted by both clients and counsel in pre-trial mock jury presentations. His work also includes a history of beneficial negotiations with opposing parties and jury trial closing arguments, and he has a track-record of troubleshooting patent claim construction arguments; motions in limine; Daubert motions; and summary judgement motions, along with multiple discovery motion arguments.

Tom has extensive drafting experience as well, including pleadings, dispositive motions, pretrial orders and motions, post-trial briefs and findings of fact, petitions for inter partes review, Supreme Court amicus briefs, and numerous appellate briefs.

Known for his thorough counsel, engaging demeanor, and talent at fostering team cohesion, Tom also advises clients on patent landscapes and current trends in developing case law.

  • Experience

    • Forced a final and favorable settlement for a client on the eve of trial after seven years of litigation. This client was the first defendant in line for trial in a case brought by a non-practicing entity against more than thirty defendants. Tom was instrumental in developing a winning summary judgment motion that ultimately invalidated the patent and resulted in a win for all remaining co-defendants on the case.
    • Achieved client-favorable results in litigations over generic versions of blockbuster drugs tadalafil (brand name Clialis®, $2.3 billion annual sales) and cyclosporine (brand name: Restasis®, $1.4 billion annual sales)
    • Successfully represented Fresenius Kabi USA, LLC in obtaining a rare preliminary injunction in federal district court. The injunction barred our client’s competitor from launching a generic version of its patented formulation of levothyroxine, an injectable thyroid hormone. The District Court for the District of New Jersey granted the injunction on the basis that our client was likely to win its patent lawsuit against its competitor, which was upheld on appeal to the Federal Circuit.
    • Represented a major generic pharmaceutical company in a Hatch-Waxman litigation that found the patent-in-suit invalid as obvious. Litigated successfully through appeal, and pursued recovery on injunction bonds.
    • Obtained a final judgment of invalidity on six patents for major pharmaceutical company client, including multiple successful motions dismissing closely related patents.
    • Won a $2.1 million judgment for a semiconductor company client in a jury trial in the Eastern District of Texas on a patent infringement claim.
  • Credentials

    Education

    • DePaul University College of Law, J.D., 2008, cum laude
    • University of Chicago, M.S., Chemistry, 2001
    • University of St. Thomas, B.A., Chemistry, B.S., Physics, 2000, magna cum laude

    Bar Admissions

    • Illinois
      • U.S. District Court for the Northern District of Illinois
      • U.S. Patent and Trademark Office

        Professional Memberships

        • American Bar Association
        • Chicago Bar Association
        • Illinois State Bar Association
      • Insights

        TITLE
        News Release

        Eighty-One Attorneys Named to 2021 Leading Lawyers

        Schiff Hardin LLP is pleased to have 81 attorneys named to the 2021 Leading Lawyers list.

        News Release

        Managing IP Recognizes Two Attorneys as Rising Stars in 2020

        Schiff Hardin is proud to announce that Intellectual Property attorneys Helen Ji and Thomas Rammer have been named Rising Stars for 2020 by Managing Intellectual Property.

        News Release

        Best Lawyers Recognizes 59 Schiff Attorneys, Six “Lawyers of the Year,” and 21 Ones to Watch

        Schiff Hardin LLP is pleased to announce that 59 attorneys have been listed in the 2021 edition of The Best Lawyers in America, with six attorneys also being named a “Lawyer of the Year” in their respective areas of practice and location.

        Event
        News Release

        Eighty-Eight Attorneys Named to 2020 Leading Lawyers

        Schiff Hardin LLP is pleased to announce that 88 attorneys have been named to the 2020 Leading Lawyers list.

        News Release

        Emerging Lawyers Lists 14 Schiff Attorneys in Illinois

        Fourteen Schiff Hardin attorneys have been named to the 2019 Emerging Lawyers Network.

        News Release

        18 Schiff Hardin Attorneys Named to 2018 Emerging Lawyers List

        Schiff Hardin is pleased to announce that 18 of the firm’s attorneys have been named to the 2018 Emerging Lawyers Network.

        News Release

        40 Attorneys Named to 2018 Illinois Super Lawyers, Rising Stars, and Top Women Lists

        Forty Schiff Hardin attorneys have been recognized on the 2018 Illinois Super Lawyers and Rising Stars lists.

        News Release

        Nineteen Schiff Hardin Attorneys Named Emerging Lawyers

        Schiff Hardin is pleased to announce that 19 of the firm’s attorneys have been named to the 2017 Emerging Lawyers Network.

        Publications

        • “Uptake of Hypobromous Acid (HOBr) by Aqueous Sulfuric Acid Solutions: Low-Temperature Solubility and Reactions,” (contributing author) Atmospheric Chemistry and Physics Discussion (2005)
        • “Apparatus for Spin-Polarized Inverse Photoemission and Spin Scattering,” (contributing author) Proc. SPIE 3945: Laser Diodes and LEDs in Industrial, Measurement, Imaging, and Sensors Applications II; Testing, Packaging, and Reliability of Semiconductor Lasers V, (29 March 2000); doi: 10.1117/12.380522
        • “A Compact, High Efficiency Mott Polarimeter,” Research Experience for Undergraduates in Nanostructured Materials (1998)

        Speeches & Presentations

        • “Safe at Home: Business Protection Practices in Our New Normal,” Webinar (Mar. 31, 2020)
      • Citizenship

        Pro Bono Activities

        • Successfully represented a prisoner through dispositive motions seeking to recover for violations of his constitutional rights under 42 U.S.C. § 1983 after he was denied medical care.
        • Second chaired a trial for a 42 U.S.C. § 1983 excessive force case, representing a client who was tased during an arrest.
        • Sought recovery for a prisoner under 42 U.S.C. § 1983 after he suffered an attack by a cellmate.
        • Working with the Chicago Domestic Violence Legal Clinic, helped victims obtain emergency and plenary orders of protection.