Kerry L. Timbers

Partner

(P) 617-443-9292, ext 223

(F) 617-443-0004

ktimbers@sunsteinlaw.com

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Education

University of Missouri, B.A. with honors, magna cum laude

Harvard Law School, J.D.

 

Articles

 

IP Video – Defending Patent Infringement

 

 

Kerry L. Timbers

Kerry Timbers is an intellectual property litigator with deep experience in trying complex patent litigations in industries including the life sciences, technology, and consumer oriented products.   He has an extensive background including trials in both jury and non-jury cases, and arguments before the Court of Appeals for the Federal Circuit. Kerry has provided counsel in numerous patent interferences. He is the co-chair of the firm’s Litigation Practice group.

Experience

  • Kerry has handled and had significant involvement in numerous complex patent litigations covering a wide range of technologies, including, for example:
    • computer operating system architectures
    • land-line, cell-phone and VOIP telephony systems and devices
    • pharmaceuticals
    • medical diagnostic devices
    • medical devices used in surgery and treatment
    • electromechanical devices
    • x-ray inspection systems
    • consumer-oriented products, especially plastics products and plastics manufacturing processes
  • Recent and current representative cases include:
    • ClassCo, Inc. v. Kyocera Int’l, Inc. et al.United States District Court for the District of Massachusetts (settled, representing defendants Pantech Company, Inc. and Pantech Wireless, Inc.. against patents for cell phone technology)
    • Boston Scientific Corporation v. Cook, Inc. et al., United States District Court for the District of Massachusetts (ongoing, representing defendant Taewoong Medical Co., Ltd., against patents for endoscopic stents and stent delivery systems)
    • Softspikes, LLC et al. v. MacNeill Engineering Company, Inc.
      Trisport, Ltd. et al. v. MacNeill Engineering Company, Inc. et al.
      United States District Court for the District of Delaware (settled after favorableMarkman ruling; represented MacNeill Engineering in two suits involving 3 MacNeill patents and defending against 5 other patents, concerning golf cleats and receptacles)
  • Kerry also has extensive experience in all aspects of trademark and copyright protection and litigation, representing nationally recognized firms in courts and before the Patent and Trademark Office and Trademark Trial and Appeal Board.
  • Kerry also has significant involvement in shaping and implementing strategies for the protection, licensing, and enforcement of clients’ trademark portfolios.

Professional and Community Involvement

  • He is a member of the Boston Bar Association, and has been Co-Chair of the Boston Bar Association Intellectual Property Litigation Committee, and the Co-Chair of the Boston Bar Association International Intellectual Property Law Committee.
  • He is also a member of the Boston Patent Law Association, the American Intellectual Property Law Association and the International Trademark Association, and is a Master in the Boston IP American Inn of Court.

Honors

  • Kerry has received the highest peer review rating by Martindale-Hubbell, based on a survey of other lawyers and judges in the community.
  • Kerry was named to the Super Lawyers® list in the practice area of intellectual property litigation 2004-2013 in Massachusetts, a list limited to the top 5 percent of attorneys in each region.  The attorneys featured in Super Lawyers were selected by their peers in an extensive nomination and polling process conducted by the research team at Super Lawyers, a service of Thomson Reuters and seen in a special advertising section inBoston magazine.

Bar and Court Admissions

  • He is admitted to the Massachusetts Bar, as well as the Bars for the U.S. Courts of Appeals for the First, Fourth and Federal Circuits and the U.S. District Courts in Massachusetts, Connecticut, Colorado, the Eastern District of Wisconsin and the Eastern District of Texas.

*The Martindale-Hubbell Peer Review Icon is a service mark of Reed Elsevier Properties Inc., used under permission from Reed Elsevier Properties Inc. in accord with the terms and conditions established by Martindale-Hubbell.