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Timothy J. Malloy
Chair and Shareholder
Email. tmalloy@mcandrews-ip.com
Tel. (312) 775-8000
Practice Areas
Trial Lawyer for Technology Litigation in Intellectual Property, Patents, Contracts, and Antitrust.
Education
University of Notre Dame, B.S.E.E. University of Notre Dame, J.D.
Bar Admissions
Member of the bars of the Supreme Court of Illinois; Northern District of Illinois; U.S. Supreme Court; the Federal Circuit and many others. Registered before the U.S. Patent and Trademark Office.
Professional Experience
Mr. Malloy has focused on litigation of patents and other IP matters. He has served as lead counsel in many jury trials, bench trials, arbitrations, and mediations throughout the country.
Milestone Cases and Awards
Mr. Malloy has been involved in numerous multi-million dollar verdicts, awards, and settlements as lead trial counsel. This includes:
• Obtaining a $166 million damage award (Advanced Cardiovascular Systems, Inc. v. Medtronic, Inc.) listed in the TOP TEN IP DAMAGE AWARDS FOR ALL TIME (Intellectual Property Today, March 2003, p. 43)
• Preparing and arguing before the Supreme Court in the case of Eli Lilly and Co. v. Medtronic, Inc., 496 U.S. 661, 15 U.S.P.Q.2d 1121 involving patent protection for medical devices.
• Procuring an award of $5 million in attorneys fees under the "exceptional case" statute for improper claim construction and preliminary injunction arguments in ICU Medical, Inc. v. Alaris Medical Sys., Inc., 558 F.3d 1368.
(Note: Mr. Malloy represents defendants as well and has obtained jury verdicts and bench decisions of no liability, invalidity, non-infringement and unenforceability.)
Accolades
"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, p. 1126.
"Timothy Malloy is a leading light in the practice—a hugely experienced and talented trial lawyer," IAM 250 World’s Leading Patent Litigators 2011, p. 99
"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." (Over $166,000,000 award for Mr. Malloy's client) (Senior Arbitrator)
"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)
Recognition
• Fellow Litigation Counsel of America
• IAM 250 World’s Leading Patent Litigators 2011
• Elected to the National Register of Who's Who and Stratmore's Who's Who
• Named "one of Illinois 100 SUPER LAWYERS in any category
• Chosen as a Member of The Top Lawyers- Leading Lawyers Network
• Featured in both the 2003 and 2005 editions of Euromoney Legal Media Group's Guide to the World's Leading Patent Law Experts
• Selected for “Best Lawyers in America" for 2007
• “Highly Recommended" in the PLC Which Lawyer Handbook, 2008, p. 1270
• Listed by 2010 Chambers USA as one of the top IP trial lawyers in Illinois and characterized as an "Outstanding Trial Lawyer"
• Recently selected in The International Who's Who of Patent Lawyers 2010
• Serves on The Richard Linn American Inn of Court and is now on the Board of Advisors for Best Lawyers
• Lectured on trial techniques for jury trials in patent cases to the Federal Circuit Bar Association
Publications and Lectures
Mr. Malloy 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 named to the Editorial Advisory Board for MX Magazine.
Some of his discourses can be viewed here:
Closing Argument - The Best Objection I Never Made. View File
1 Size Doesn't Fit All In Patent Trials. View File
Solving Hobson's Choice: Suggested Changes To Willfulness Law In The Wake of Knorr-Bremse And EchoStar. View File
A Modified Jury Trial Schedule: A Win-Win-Win Situation. View File
An Alternative for Righting the Wrongs of an Arbitration Panel in IP Disputes. View File
Organization, Vendor Support, and Cost Control. View File
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