Timothy M. Murphy

Timothy M. Murphy

Partner, Co-Chair Patent Practice Group

(P) 617-443-9292, ext 245

(F) 617-443-0004

tmurphy@sunsteinlaw.com

Download v-card

Education

Columbia University, B.S.

Columbia University School of Law, J.D.

Timothy M. Murphy

Tim’s extensive experience includes patent office litigation matters such as patent interference proceedings, Inter Partes Review and reexamination proceedings. He has shaped and executed winning strategies in patent litigations. In helping clients achieve their business goals, Tim devises strategies for maximizing the value of patent portfolios for litigation, licensing or acquisition. He develops and implements strategies for protecting his clients’ key technologies and for avoiding allegations of infringement.

Experience

  • By working closely with clients to understand their business goals and inventions, Tim has developed intellectual property portfolios that have provided significant value to our clients. Tim has worked with clients of all sizes, and he takes a special interest in protecting the intellectual property portfolios of our clients as they grow.
  • The technologies that Tim has handled are wide-ranging and include: mechanical and electromechanical devices, such as electric motors, scanners and plotters, printing press technology, IV delivery systems, blood-processing equipment, surgical instruments, diagnostic equipment, HVAC, and clean room systems; hardware and software inventions, such as image-processing systems, sound-processing systems, magnetic-resonance imaging, various types of tracking devices, remote-control devices, file servers, and web-based business methods; as well as recombinant proteins, antisense oligonucleotides, and a variety of pharmaceutical matters.
  • Tim has also worked with clients to help ensure their products do not infringe third-party patents. He has decades of experience conducting clearance studies where the competitor’s patent was determined to be invalid, or where the client’s product was determined not to infringe.
  • In other situations, Tim has provided guidance to clients to successfully design around competitors’ patents. Tim also has a great deal of experience preparing clearance opinions, when necessary for protecting clients from charges of willful patent infringement.
  • Representative cases include:
      • University of Western Australia, v. Academisch Ziekenhuis Leiden (lead attorney) Patent Trial and Appeal Board
      • Comair Rotron v. Papst Licensing Gmbh
        United States District Court for the District of Columbia
      • Ivera Medical Corp. v. Catheter Connections, Inc.
        United States District Court for the Southern District of California
      • Catheter Connections, Inc. v. Ivera Medical Corp.
        United States District Court for the District of Utah
      • Kotowski et al. v. Mastronardi et al.
        Board of Patent Appeals and Interferences
      • 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
      • HP Hood LLC v. Stremicks Heritage Foods LLC
        United States District Court for the Southern District of California
      • Comair Rotron v. Nippon Densan Corporation and Nidec Corporation
        United States District Court for the District of Connecticut
      • Comair Rotron, Inc. v. Matsushita Electric Corporation of America et al.
        United States Court of Appeals for the Federal Circuit
        United States District Court for the District of New Jersey
      • B. Braun Medical, Inc. v. Abbott Laboratories
        United States Court of Appeals for the Federal Circuit
        United States District Court for the Eastern District of Pennsylvania
      • Network Appliance, Inc. v. BlueArc Corporation
        United States District Court for the Northern District of California
      • McGuire et al. v. Schmieding (lead attorney)
        Board of Patent Appeals and Interferences
      • MacNeill Engineering, Inc. v. Trisport, Ltd.
        United States District Court for the District of Massachusetts
      • Precision Engineered Systems v. v Printex Products Corp.
        United States District Court for the District of the Western District of New York
      • Amgen, Inc. v. Hoffman-La Roche Inc.
        United States District Court for the District of Massachusetts
      • Thompson et al. v. Normand et al. (lead attorney)
        Board of Patent Appeals and Interferences
      • APP Pharmaceuticals, LLC v. Ameridose, LLC
        United States District Court for the District of New Jersey
      • In re U.S. Patent No. 6,835,887 (Activision Publishing, Inc.), In re U.S. Patent No. 6,369,313 (Activision Publishing, Inc.), In re U.S. Patent No. 6,225,547 (Konami Digital Entertainment Co., Ltd.)
        Inter Partes Reexamination Proceedings, USPTO
      • Linotype-Hell AG v. Intergraph Corporation
        United States District Court for the District of Massachusetts
  • Prior to joining Sunstein, Tim worked in New York and California in the legal department of a large, multinational computer manufacturer.

Professional and Community Involvement

  • Tim is currently on the Steering Committee for the Intellectual Property Law Section of the Boston Bar Association.  Previously, he was Chair of the Education Committee of the BBA and on the Board of Editors of the Boston Bar Journal, and he has held other positions at the BBA. Tim has also lectured for, written for, and chaired programs at Massachusetts Continuing Legal Education, Inc. relating to intellectual property.

Honors

  • Selected by peers for inclusion in Best Lawyers in America® 2019.
  • Tim was selected for inclusion in Super Lawyers® for 2005-2007 and 2010-2017 in Massachusetts.  His primary area of practice is intellectual property. Only 5% of lawyers in each region were selected. 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 in Boston magazine.
  • Tim completed a joint engineering/law program at Columbia University in 1985, obtaining a degree in mechanical engineering with honors from Tau Beta Pi, as well as a law degree.

Bar and Court Admissions

  • Tim is admitted to practice in Massachusetts, New York, and California, and he is also a registered patent attorney.