Tim has more than 30 years of experience litigating and trying complex intellectual property cases. He earned his reputation as an effective and successful first-chair trial lawyer representing both Fortune 500 companies and small clients in intellectual property infringement lawsuits in district courts throughout the country and in inter partes reviews (IPRs) before the Patent Trial and Appeal Board.
Tim is consistently recognized as a top practitioner in the field, most recently in the 2022 edition of Best Lawyers in America, the 2023 edition of IAM Patent 1000: The World’s Leading Patent Professional, and the 2023 editions of IAM Strategy 300: The World’s Leading IP Strategists and Managing Intellectual Property’s IP Stars. He also has been recognized for his intellectual property law practice by Chambers USA, among many others.
Tim has a long record of delivering his clients successful outcomes. He has won multiple cases on behalf of defendants facing potential liability of hundreds of millions of dollars. He recently won a general exclusion order for Lexmark International Inc. in one of the largest U.S. International Trade Commission investigations ever initiated which, according to the Office of Unfair Import Investigations, involved assertion of an “unprecedented” number of patents.
On behalf of intellectual property owners, Tim has won many judgments and settlements ranging in amount from $10 million to $100 million, as well as temporary restraining orders, preliminary injunctions, permanent injunctions, and orders for contempt for violations of permanent injunctions. He has also successfully defended more cases brought by non-practicing entities against his clients than most attorneys in the country. Outside of his law practice, Tim is an FAA-approved instrument-rated commercial pilot and a PADI Master Scuba Diver.
-
University of Illinois at Urbana-Champaign
1990, B.S., Electrical Engineering
-
University of Illinois Chicago School of Law
1994, J.D.
Bar Admissions
- 1995, Illinois
Court Admissions
- Supreme Court of Illinois
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Illinois, Trial Bar
- U.S. District Court for the Western District of Wisconsin
- U.S. Supreme Court
- Placed among the Americas Most Honored Lawyers - Top 1%, 2022
- Selected for inclusion in The Best Lawyers in America for Litigation-Patent, 2019-23
- Recognized as a leading lawyer for litigation in Illinois, IAM Patent 1000: The World’s Leading Patent Professionals, 2017-2022
- Selected for inclusion in IAM Strategy 300: The World’s Leading IP Strategists, 2018-23
- Recognized as an “IP Star” by Managing Intellectual Property, 2016-2022
- Named a leading intellectual property lawyer by Chambers USA, 2017-18
- Named an “Illinois Super Lawyer,” Intellectual Property Law, Super Lawyers, Thomson Reuters, 2005, 2008-23
- Recognized as an AV rated attorney, Martindale-Hubbell
- Featured as a “Legal Lion” in Law360′s “Weekly Verdict: Legal Lions & Lambs,” 2016
- Recognized as one of Chicago’s Top Rated Lawyers, American Lawyer Media, 2015
- Recipient, Global Awards X., IP Litigation, Corporate LiveWire
- Featured in the National Law Journal’s “Intellectual Property Hot List” of the top 20 IP firms in the U.S.
- Recognized as a leading lawyer in Illinois, Leading Lawyers
- Listed as one of the top 3% of attorneys in the United States, The Legal News
- Won multiple IPR trials before the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board invalidating all challenged claims in patents related to cable systems and communication software.
- Won Federal Circuit affirmance of judgment of no infringement on video slot machines for video game manufacturer and its casino gaming customers.
- Won judgment of no infringement on video slot machines for video game manufacturer and its casino gaming customers.
- Won landmark en banc Federal Circuit appeal for patent owner regarding no patent exhaustion for products sold domestically subject to a single-use license and products first sold outside the United States.
- Won Federal Circuit appeal for voice-over telephony defendants affirming invalidity of patents asserted by a patent troll and notorious contingent-fee patent firm.
- Won judgment of invalidity under 35 U.S.C. 101 for $100M claim for damages for alleged infringement of software patent.
- Won petition for writ of mandamus from Federal Circuit on behalf of a software defendant ordering transfer of a patent case from a pro-plaintiff forum and thereafter won the case in the correct venue.
- Won approximately 75+ judgments for infringement, permanent injunctions, four contempt orders and a preliminary injunction for myriad cases involving 21 patents on laser toner cartridges as well as multiple awards of attorneys’ fees.
- Won final judgement, permanent injunction, domain name seizure, treble damages and an award of attorneys’ fees in online video game lawsuit for trademark counterfeiting, trademark infringement, cyber piracy, unfair competition, false designation of origin and copyright infringement.
- Won temporary restraining order and preliminary injunction in online video game lawsuit for trademark counterfeiting, trademark infringement, cyber piracy, unfair competition, false designation of origin and copyright infringement.
- Won dismissal of complaint on $500M claim for alleged false-patent marking on myriad patents and products, which was the largest case under 35 U.S.C. 292 ever filed in the United States.
- Won general exclusion order and multiple cease and desist orders for complainant in ITC investigation in which 15 patents were asserted against over 20 respondents.
- Won judgment of no infringement of software patents for defendant in East Texas on $30M claim.
- Single-handedly tried and won patent infringement arbitration on three patents and obtained $3M damage award.
- Won judgment of matter of law of no patent infringement during trial at close of plaintiff’s case in chief on $650M in accused sales.
- Won judgment of matter of law of patent infringement during trial at close of defendant’s case in chief.
- Won summary judgment on $1B counterclaim for alleged antitrust violation.
- Won multiple summary judgments of infringements, validity, and enforceability.
- Won million dollar attorney-fee award and multiple multimillion dollar settlements with large royalty rates.
- Won landmark en bancFederal Circuit appeal for patent owner regarding no patent exhaustion for products sold domestically subject to a single-use license and products first sold outside the United States.
- Won judgment of invalidity under 35 U.S.C. 101 for $100M claim for damages for alleged infringement of software patent.
Representative Clients Served and Sample Subject Matter of Representation
- Aria Resort & Casino Holdings (casino gaming equipment and gaming software)
- Bally Gaming (casino gaming equipment and gaming software)
- Bayer Healthcare (consumer care products and pharmaceuticals)
- Bellagio (casino gaming equipment and gaming software)
- CIBA Vision (colored contact lenses, chemical processes for making colored lenses, and extended wear contact lenses)
- Circus Circus Casinos (casino gaming equipment and gaming software)
- Comcast (cable systems and communications software)
- Delphi Automotive (automobile condensers)
- Digimarc (software digital watermarking of images and audio files)
- Dimension Data (Managed Cloud Platform supporting public and private cloud services with a common user interface and application programmable interface)
- Georgia-Pacific (computer system controlling programmable logic controllers)
- IMX Cosmetics (scanning, designing, creating, and dispensing custom cosmetic products for consumers)
- Ionit Technologies (compression technology used in digital video recording security systems)
- Jagex (server software for RuneScape, a massive multiplayer online game, which holds the World Record for the most popular MMOG with approximately 104 million subscribers worldwide)
- Lexmark International (toner cartridges for printers; microchips on toner cartridges; software embedded in printer firmware; software embedded in toner cartridge microchips; multifunction device telephony, networking, and software; managed print services; and managed software services; AirPrint Apple technology; and televisions)
- Logitech (voice-over IP telephony equipment)
- Lydall (thermal and acoustical insulating shields for automobiles)
- Mandalay (casino gaming equipment and gaming software)
- MGM Grand Hotel (casino gaming equipment and gaming software)
- Microsoft/Skype (voice-over IP telephony equipment)
- New Castle (casino gaming equipment and gaming software)
- New York-New York Hotel & Casino (casino gaming equipment and gaming software)
- NIKE (Internet websites and online tools)
- PepsiCo (Internet websites and electronic communication)
- Ramparts (casino gaming equipment and gaming software)
- RTX Telecommunications (voice-over IP telephone equipment)
- Scientific-Atlanta (subscription television systems and interactive program guides)
- Scientific Games Corporation (ticket-in/ticket-out printer technology; casino gaming equipment; and gaming software)
- Team Play (video games and computer source code)
- The Mirage Casino-Hotel (casino gaming equipment and gaming software)
- S. Robotics (voice-over IP telephony equipment)
- Victoria Partners (casino gaming equipment and gaming software)
- Wargaming.net (WORLD OF TANKS, which has risen quickly to become one of the most popular, massive, multiplayer, online games of all time, having amassed over 18 million users by December 21, 2011, and earning a Guinness World Record for Most Players Online Simultaneously on One MMO Server)
- WMS Gaming (casino gaming equipment and software)
