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 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:

• 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.

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