Timothy Maloney

is a partner at Fitch, Even, Tabin & Flannery LLP whose practice entails all aspects of intellectual property enforcement and defense, with an emphasis on representing patent owners in litigation and licensing. He is an established first-chair trial lawyer with a strong track record in numerous jury and bench trials, including cases involving patent, trade secret, antitrust, trademark, unfair competition, and professional malpractice matters. Tim has handled over 100 litigation-related patent post-issuance proceedings in the USPTO, consistently achieving favorable outcomes.

For more information or to contact Tim, please visit his Firm Profile Page.

Recent Articles by Timothy Maloney

PTAB Judges Should Call Balls and Strikes, Not Throw Curve Balls

The America Invents Act (AIA) outlines an adversarial, inter partes, process for reviewing patents and determining their validity. Patent owners deserve a fair process, presided over by entirely neutral decision makers. But AIA trials are corrupted when judges at the Patent Trial and Appeal Board (PTAB) expand the trial proceedings to address invalidity grounds beyond those asserted in the IPR petition. When considering whether appellate review is available to prevent the PTAB from invalidating patent claims based on grounds not asserted in the petition, however, different Federal Circuit panels have arrived at different outcomes.

May 6, 2020

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