Timothy J. Malloy, one of the founding partners of McAndrews, Held & Malloy, Ltd. and one of the most highly respected patent attorneys in the world, passed away on Tuesday, September 3, 2019. Tim served as lead counsel in numerous jury trials, bench trials, and arbitrations throughout the country.
Tim’s legacy will continue through the law firm that bears his name as well as through the many highly successful attorneys that he trained, inspired, and mentored throughout his career of 50-plus years. Tim helped shape patent law as a result of his many leading district court and appellate cases. One highlight of his career included arguing before the U.S. Supreme Court on behalf of Eli Lilly and Company in a landmark case directed to the scope of patent protection for medical devices.
Throughout his career, Tim earned the respect of countless attorneys, judges, and corporate leaders. Intellectual Asset Management (IAM) magazine, which named him to the IAM 1000 World’s Leading Patent Practitioners and the IAM 250 World’s Leading Patent Litigators, called him “a leading light in the practice – a hugely experienced and talented trial lawyer.” He was also recognized by Chambers USA, America’s Leading Lawyers for Business. Tim was designated a Fellow of the Litigation Counsel of America, an honorary society comprised of less than one-half of one percent of American trial lawyers. He also served on Law360’s Editorial Advisory Board and on the Advisory Council for the University of Notre Dame Law School.
Tim spawned many legendary legal stories over the course of his career. Bob Surrette, McAndrews’ President, recalls, “Tim had a terrific legal mind, a memory like a steel trap, and an indefatigable ability to battle for our clients.” He often advised us to “let the facts speak for themselves.” But sometimes Tim could not lean on facts. David Headrick, a McAndrews Shareholder and 26-year veteran of the firm who worked closely with Tim, recounted the following story:
Years ago, Tim had a tough breach of contract (a patent license) case. Like many cases that McAndrews handles, many millions of dollars were at stake. The contract language in question initially appeared to be against our client. In fact, it appeared so slanted that when Tim first met with opposing counsel he confidently proclaimed to Tim, “I guarantee you will lose this case.”
Tim never gave up when he knew he was right. Here, in the face of less-than-ideal facts, he and the team developed a winning legal theory that carried the day. Years later, that theory became an established contract law doctrine in that jurisdiction.
Tim’s tenacity, coupled with his gold-medal trial craft, made him the epitome of the trial lawyer everyone wanted on their side.
Beyond Tim’s work, he also represented all the best in a lawyer by also actively supporting the Chicagoland community. Some of his personal favorite activities were related to Link Unlimited. There, Tim and his wife Patti sponsored African American high school students for the past 28 years. They mentored these students, who went on to obtain college degrees and become successful in a variety of fields such as law, pharmaceutical science, business, and real estate. Recently, Tim and Patti became one of only three couples to receive the Link Mentor Merit Award.
Donations in Tim’s memory may be made to: LINK Unlimited Scholars, 2221 S. State St., Chicago, IL 60616, 312-225-5465, https://linkunlimited.org/donate/