Patent litigation attorney

Timothy P. Maloney

22 tracked appearances — 9 plaintiff · 13 defendant.

Specialty & background

I'll research this attorney's professional background before drafting.

Good material. Let me verify the tracked cases and any notable outcomes.

Let me check the PTAB/IPR footprint and the WHOOP/Omni matters.

Timothy P. Maloney is a Chicago-based patent litigator and partner at Nixon Peabody LLP, which he joined in April 2024 along with senior counsel Karl Fink to expand the firm's IP practice (Nixon Peabody press release, Apr. 2024). He spent the prior portion of his career at Fitch, Even, Tabin & Flannery, where he co-chaired the litigation practice group and served as managing partner from 2010 to 2016. Chambers USA has ranked him for intellectual property in Illinois for over a decade (currently Band 3), and his firm bios describe a practice spanning patent litigation, post-grant proceedings, IP monetization/licensing, trade secret, antitrust, trademark and unfair competition matters.

Focus areas. His docket is technology-diverse rather than concentrated in one field. Tracked and profile-listed matters include inkjet printing hardware (Slingshot Printing v. Canon), semiconductor memory and fabrication (Lone Star Silicon, Limestone Memory), data center power/cooling equipment (Vertiv, Valtrus), stored-value card activation (Alexsam), gypsum wallboard manufacturing (U.S. Gypsum v. National Gypsum), digital rights management (ContentGuard), location-based software (Quartz Auto), and wearable/optical sensor technology (the Omni MedSci patent family). Chambers' profile cites chemicals, computer software and hardware, electronics, and clean energy; his B.S. is in chemical engineering, which is consistent with that mix. There is no meaningful pharma/Hatch-Waxman presence in the tracked work.

Side preference. He works both sides, with a historical tilt toward patent owners and plaintiffs. His Fitch Even bio framed the practice as "emphasis on representing patent owners in patent litigation and licensing," including contingent-fee enforcement and portfolio monetization programs. The tracked appearance split is nonetheless 12 defendant-side to 9 plaintiff-side: at Nixon Peabody his recent headline work is defense-oriented — representing data center operators sued by Valtrus Innovations (NTT Data, TierPoint, Lumen, H5 Data Centers)[1] and serving as senior trial counsel for Netrality Properties in Key Patent Innovations v. Netrality — alongside supplier-side declaratory judgment work for Vertiv against Valtrus. He has also appeared on both sides of the same patent family concurrently, as petitioner for WHOOP against Omni MedSci and as patent-owner counsel for Omni MedSci in Samsung's IPR/PGR challenges.

Notable cases and outcomes. Verified results include jury wins for Alexsam on stored-value card activation patents: a $10.1 million judgment against IDT (validity affirmed on appeal; infringement partially affirmed by the Federal Circuit), an $18 million NetSpend verdict later resolved through a $24 million settlement, and a consolidated jury verdict upholding validity against seven major retailers. He also obtained reversal of inequitable conduct and invalidity findings on appeal in Outside the Box Innovations v. Travel Caddy (Fed. Cir. 2012). On the defense side, notable procedural wins include a Delaware stay of the WHOOP litigation after the PTAB instituted review of all asserted Omni MedSci claims, and denials of institution in all seven National Gypsum IPRs against his client USG. He has also taken adverse outcomes, including the Federal Circuit's 2026 affirmances of PTAB obviousness holdings against his client Slingshot Printing (Nos. 24-2132, 25-1032/1033) and a defense jury verdict for Barnes & Noble against Alexsam.

PTAB/IPR. This is a central part of his practice, not a sideline. His Fitch Even bio states he has had a primary role in more than 100 post-issuance proceedings, and Patexia ranked him among the top three performing attorneys representing patent owners in IPRs (2012–17) and in the top 1% of performers overall. He appears as lead counsel in IPRs for patent owners (Slingshot, Memory Technologies, Lone Star Silicon, USG, ContentGuard) and as lead or back-up counsel for petitioners (WHOOP, Vertiv), and the Federal Circuit has cited his PTAB advocacy in multiple nonprecedential dispositions.

Bar and education. J.D., University of Illinois College of Law, 1993 (summa cum laude); B.S., Chemical Engineering, University of Illinois, 1988 (summa cum laude). Admitted in Illinois; registered with the USPTO (Reg. No. 38,233); admitted before the U.S. Supreme Court and the Ninth and Federal Circuits.

[1] Compiled from the tracked docket entries and publicly filed PTAB and district court papers; case captions in the tracked list are incomplete for several Valtrus-related matters, so specific party-role attributions there should be confirmed against the underlying dockets before use.

Firms

Roles

  • lead counsel11
  • Counsel2
  • back-up counsel1
  • Counsel for Petitioner1
  • counsel1
  • original lead counsel; backup counsel; district-court counsel1
  • lead counsel (at filing)1
  • plaintiff counsel1
  • lead trial counsel1
  • coordinated defense counsel1
  • senior trial counsel1

Cases (22)