Timothy Malloy has focused on litigation of patents and other IP matters throughout his career. He has served as lead counsel in many jury trials, bench trials, arbitrations, and mediations throughout the country. He has been involved in numerous multi-million dollar verdicts, awards, and settlements as lead trial counsel. These include obtaining a $166 million damage award; preparing and arguing before the Supreme Court in a case involving patent protection for medical devices; procuring an award of $5 million in attorneys fees under the "exceptional case" statute for an opponent’s improper claim construction; obtaining jury determinations of invalidity and non-infringement in his clients’ favor; obtaining arbitration awards, freeing clients of millions in licensing fees; obtaining reasonable royalty determinations above 20% for patent holder clients and 0.00% to 0.9% for clients accused of infringement.
Tim also represents defendants as well, and has obtained jury verdicts and bench decisions of no liability, invalidity, non-infringement and unenforceability.
He has been published on such diverse subjects as cost control of patent litigation, claim interpretation, the function and aesthetics of courtroom design, and improvements in arbitration procedures. In addition, he was recently named to IP Law360's Editorial Advisory Board and serves on the Advisory Council for the University of Notre Dame Law School.
Accolades Tim has received over the years include:
- "An excellent lawyer who is highly regarded for his work on complex patent litigation.'" Chambers USA America's Leading Lawyers for Business, 2017
- "One of the highest-quality lawyers out there." IAM 1000, World's Leading Patent Practitioners, 2013
- "Smart as a whip, he just gets patent litigation and understands exactly how the game is played. He is wonderfully articulate too, which goes down well with judges and jurors." IAM 1000, World's Leading Patent Practitioners, 2012
- "He's incredibly personable and has the ability to break down complex issues and drive a case through to a good result," Chambers USA, America's Leading Lawyers for Business, 2011
- "Timothy Malloy is a leading light in the practice—a hugely experienced and talented trial lawyer," IAM 250, World’s Leading Patent Litigators, 2011
- "I have sat through an unbelievable number of trials, not quite so many arbitrations, and the level of professionalism and the advocacy in this case has been exceptional in my judgment." (Senior Arbitrator, commenting on Tim's $166 million award for his client)
- "The best patent trial lawyer I've ever known." (General Counsel)
- "GREAT JOB. One of the best prepared presentations that I have ever seen." (Assistant General Counsel)
- "Wow - what can I say? Outstanding all around. It would be an understatement to say that these results are exceptional." (General Counsel)
Honors & Awards
- WIPR Leader, Patents 2016
- Illinois Super Lawyer, 2016
- Selected as Expert in "Expert Guides, the World's Leading Lawyers - Patents" (2017)
- Who's Who Legal: Patents: 2015, 2016 & 2017
- Named as "Top 10 Intellectual Property Lawyers in Illinois," Leading Lawyers Magazine, 2014 & 2015
- AV Preeminent-Martindale Hubbell
- Band 1, IP Litigator, Chambers 2014 - 2017
- Selected by peers for Best Lawyers in America, 2014-2017
- Selected as an "IP Star," Managing Intellectual Property, 2013 - 2017
- Top Rated Lawyer, Intellectual Property Law, Fortune, 2013
- IAM 1000, World's Leading Patent Practitioners, 2012 - 2014
- Fellow, Litigation Counsel of America
- IAM 250, World’s Leading Patent Litigators, 2011
Professional & Community Involvement
- Through the organization of Link Unlimited, Tim and his wife Patti have been sponsors of African American High School students for 28 years running. They have mentored African American students who have obtained college degrees and become successful in a variety of careers including attorneys, pharmacists, business persons, real estate agents and others. Recently, this couple was given by Link a Mentor Merit Award and they became one of only three couples to receive this distinction from over 100 recipients of this award.
- Closing Argument - The Best Objection I Never Made.
- 1 Size Doesn't Fit All In Patent Trials.
- Solving Hobson's Choice: Suggested Changes To Willfulness Law In The Wake of Knorr-BremseAnd EchoStar.
- A Modified Jury Trial Schedule: A Win-Win-Win Situation.
- An Alternative for Righting the Wrongs of an Arbitration Panel in IP Disputes.