Kerry L. Timbers

Kerry L. Timbers

Litigation - Intellectual Property

3.0 (1 reviews)
Boston, Massachusetts
37+ years experience
Sunstein LLP
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Bio

Kerry Timbers has extensive experience trying complex patent litigations in a variety of industries including the life sciences, technology, and consumer oriented products. His trial background includes jury and non-jury cases, and arguments before the Court of Appeals for the Federal Circuit. His expertise includes participating in complex interference proceedings and inter partes reviews (IPRs) before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. Kerry has been named a Best Lawyers, Super Lawyer, and a WTR100 Recommended Individual. Kerry is the Managing Partner of Sunstein LLP.Kerry has handled and had significant involvement in numerous complex patent litigations covering a wide range of technologies, including, for example:computer operating system architecturesland-line, cell-phone and VOIP telephony systems and devicespharmaceuticalsmedical diagnostic devicesmedical devices used in surgery and treatmentelectromechanical devicesx-ray inspection systemsconsumer-oriented products, especially plastics products and plastics manufacturing processesRecent and current representative cases include:Exergen Corporation v. Kaz USA, Inc., United States District Court for the District of Massachusetts. Sunstein obtained a verdict of $14.6 million after a two-week jury trial for infringement of Exergen’s patents for temporal artery thermometers. The jury found infringement and confirmed the validity of every one of the twelve asserted patent claims, and awarded both lost profits and a reasonable royalty.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 favorable Markman 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.Click here to learn more about Kerry L. Timbers Kerry Timbers has extensive experience trying complex patent litigations in a variety of industries including the life sciences, technology, and consumer oriented products. His trial background includes jury and non-jury cases, and arguments before the Court of Appeals for the Federal Circuit. His expertise includes participating in complex interference proceedings and inter partes reviews (IPRs) before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. Kerry has been named a Best Lawyers, Super Lawyer, and a WTR100 Recommended Individual. Kerry is the Managing Partner of Sunstein LLP.Kerry has handled and had significant involvement in numerous complex patent litigations covering a wide range of technologies, including, for example:computer operating system architecturesland-line, cell-phone and VOIP telephony systems and devicespharmaceuticalsmedical diagnostic devicesmedical devices used in surgery and treatmentelectromechanical devicesx-ray inspection systemsconsumer-oriented products, especially plastics products and plastics manufacturing processesRecent and current representative cases include:Exergen Corporation v. Kaz USA, Inc., United States District Court for the District of Massachusetts. Sunstein obtained a verdict of $14.6 million after a two-week jury trial for infringement of Exergen’s patents for temporal artery thermometers. The jury found infringement and confirmed the validity of every one of the twelve asserted patent claims, and awarded both lost profits and a reasonable royalty.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. His trial background includes jury and non-jury cases, and arguments before the Court of Appeals for the Federal Circuit. His expertise includes participating in complex interference proceedings and inter partes reviews (IPRs) before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. Kerry has been named a Best Lawyers, Super Lawyer, and a WTR100 Recommended Individual. Kerry is the Managing Partner of Sunstein LLP. Kerry has handled and had significant involvement in numerous complex patent litigations covering a wide range of technologies, including, for example: Recent and current representative cases include: 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. Click here to learn more about Kerry L. Timbers

Practice Areas

Litigation - Intellectual Property

Awards & Recognition

  • Recognized: Litigation - Intellectual Property
  • Practice Area: Litigation - Patent
  • Practice Area: Patent Law
  • Practice Area: Trademark Law
  • Special Focus: Patent
  • Special Focus: Trademark
  • Best Lawyers in America©, 2016-2021 list in the field of Intellectual Property Litigation.
  • Named to the Super Lawyers® list in the practice area of intellectual property litigation 2004-2020 in Massachusetts, a list limited to the top 5 percent of attorneys in each region.
  • Named to the 2014 -2020 New England Super Lawyers Top 100 List, a listing of 100 lawyers who received the highest point totals in the Massachusetts nomination, research and blue ribbon review process.
  • Selected by World Trademark Review to the WTR1000 Recommended Individual list for enforcement and litigation as well as for prosecution and strategy.
  • Highest peer review rating by Martindale-Hubbell, based on a survey of other lawyers and judges in the community.

Recognized in Best Lawyers since 2016

Education

  • Harvard University, J.D., graduated 1988

Reviews

E

Emma Robinson

2 weeks ago

Adequate representation for a complex patent dispute

Kerry Timbers of Sunstein LLP represented our medical device startup in a patent infringement case. His deep experience in life sciences patent litigation, spanning nearly four decades, was evident. He is clearly a recognized expert in the field, and his strategic thinking was sound. However, the experience was mixed. While the legal work was competent, communication was often a challenge. Responses to emails could take several days, and updates were sometimes delivered in dense legalese without clear translation for our business team. For a firm of this caliber, we expected more proactive guidance and a smoother client interface. The outcome was acceptable, but the process felt more burdensome than anticipated given his Harvard Law pedigree and extensive trial background.

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