Tim Carroll
Partner
Chicago
Tim Carroll’s exceptional record of success in representing technology and medical device companies in high-risk patent, trade secret and copyright cases has earned him the respect of his peers and the trust of his clients, and for good reason. Tim has first-chaired multiple trial wins, litigated high-stakes disputes from coast-to-coast and has prevailed in appeals before the Federal Circuit.
Tim’s clients have applauded his oral advocacy skills, while acknowledging his ability to strategically manage their litigation risks, which often range in the $100s of millions of dollars. Even Tim’s adversaries have recognized his effectiveness by referring cases to him, and another has written that “he’d prefer not to see Tim on the other side of a case. Not good for my client.”
Tim focuses his practice on cutting-edge technologies, including mobile apps, location-based services, messaging systems, medical devices used in the orthopediatric and pediatric settings, content-management platforms, Wi-Fi-enabled thermostats, and green and other IoT technologies. Whether serving as lead trial counsel before the International Trade Commission (ITC), successfully arguing before the Federal Circuit Court of Appeals, or obtaining an outright win on liability grounds in the fabled Western District of Texas, he has secured scores of victories for his clients.
Tim first-chairs all his cases, securing trial wins and preliminary injunctions, forcing adversaries to stipulate to noninfringement, winning summary judgment awards, prevailing in claim-construction arguments, and securing substantial attorneys' fee awards. He routinely leads joint defense groups involving some of the largest and most sophisticated companies and law firms in the country. His national high-stakes practice, aggressive but fair approach, exceptional advocacy skills, and impressive win-loss record have all contributed to the strong rapport he has built with clients and colleagues.
Tim has successfully litigated dozens of trade secret disputes involving military weaponry and defense systems, aerospace products, and financial technologies, and has extensive experience in inter partes reviews (IPRs) and other post-grant proceedings. Tim maintains a thorough understanding of the search and archiving platforms used by modern corporations, enabling him to provide counsel to more than 100 global businesses, including two Fortune 15 companies, on adopting and implementing lawful complaint information management programs and e-discovery and litigation readiness initiatives.
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Patent Litigation
First-chaired a trial in the U.S. District Court for the Western District of Texas’ Waco Division and defended the leading smart thermostat manufacturer against accusations of multiple thermostat patent infringements
First-chaired an ITC trial and defended the leading smart thermostat manufacturer in an ITC investigation concerning the alleged infringement of four patents. The matter resulted in a final determination in favor of Tim's client
Served as lead trial counsel again for the leading smart thermostat manufacturer in a second ITC investigation concerning the alleged infringement of four patents. The matter again resulted in a final determination in full support of Tim's client
Tim led a team that delivered a defense win on summary judgment before the AAA in a case involving orthopediatric instruments used in deformity repair
Acted as lead counsel for multiple software providers in b2b patent litigation disputes over computerized messaging technologies
Led the trial defense of a smart thermostat manufacturer concerning claims of patent infringement brought by Causam Enterprises. The chief administrative law judge ruled in favor of Tim's client when issuing his initial determination
Represented a leading medical device manufacturer in a 20-plus patent dispute against a rival medical device manufacturer. Successfully resolved the matter via a settlement and patent license agreement
Served as first chair for the defense in a patent infringement case involving a device referred to as an end fitting, which is used in oil production. Tim also argued on counterclaims of noninfringement and invalidity, as well as a counterclaim against the plaintiff for patent infringement. The Court ruled in favor of Tim's client in pretrial rulings, forcing the plaintiff to stipulate to non-infringement
Defended a premium cable and satellite television network against accusations that its video streaming service infringed a nonpracticing entity's patents
Represented the manufacturer and seller of trapping systems in the defense of a patent infringement case involving traps to catch feral pigs and other wild animals
Defended a company that develops and sells enterprise information management software and obtained a favorable resolution based on Section 101 grounds
Served as the lead trial counsel for a medical device company in the defense of a patent infringement case concerning medical devices used in the repair of soft-tissue injuries of the shoulder
Counseled a medical device company and its trial team in an effort that resulted in a favorable jury verdict of $17.4 million
Served as the lead trial counsel for the manufacturer of a tail device during a hearing on its motion for preliminary injunction, which the court granted. The tail device is used by the trucking industry to reduce fuel expenditures and comply with various environmental regulations. The defendant sought to build a copycat device, necessitating the client's patent assertion
Acted as lead counsel for the developer of legal and compliance software in a patent case regarding search engine technology wherein Tim and the team secured the dismissal of the case because the patent claimed ineligible subject matter. Tim and the team also pursued an IPR against asserted patents
Served as lead counsel in a case where the client, a company that develops and sells enterprise information management software, prevailed on invalidity grounds
Served as lead counsel for a real estate investment trust in a patent infringement case regarding smart phone applications; obtained summary judgment and sanctions awards for the client
Defended a financial services company as lead counsel in a patent litigation dispute over message storage, delivery, and management methods. Tim and one other attorney were selected by a 60-defendant joint-defense group to lead the arguments for the defense during the claim construction hearing. Tim earned a key victory on claim construction that resulted in the plaintiff stipulating to noninfringement
Served as lead counsel for a real estate investment trust and led an 18-defendant joint defense group. Tim obtained a victory on claim construction for his client and the other defendants
Served as lead counsel in the successful no-liability defense of a patent infringement action involving content management software
Acted as lead counsel for a global software company, whereby Tim achieved an outright dismissal of the action
Acted as lead defense counsel for a multinational information and analytics company in an action involving patented search technologies
Served as the defense team lead in a claim of patent infringement in an action relating to visual display technologies
Acted as the lead defense counsel for Canadian entities that offer automated classroom technologies to universities and other educational institutions
Served as the lead counsel for the inventor of and holder of multiple patents for software-defined wide-area networking (SD-WAN), reliability, security, and WAN optimization products in its patent litigation against a competitor. The asserted patents involved network-related inventions
Acted as the lead counsel for a financial services company in a successful patent litigation defense involving a dispute over message storage, delivery, and management methods
Served as lead counsel in the successful defense and early dismissal on behalf of a major software company in a patent infringement action challenging electronic content management software
Defended, as lead counsel, a client in a patent infringement action challenging a computerized routing system utilizing optical character recognition. Achieved favorable claim construction and successful dismissal on behalf of the client
Acted as lead counsel in successful no-liability defense against a patent infringement action brought against a client involving computerized smart thermostat technology
Acted as lead counsel for a software company in a case relating to telecommunications and routing software that was successfully resolved
Served as lead counsel in a case including a software feature used by the agricultural industry. Through his defense of this action, Tim obtained a successful result for the client
Commercial Litigation
Secured an outright dismissal of a case brought against a prominent insurance company and its subsidiary. In so doing, the plaintiff ended its claim to common law trademark rights and its complaint for money damages. Before the court dismissed the plaintiff's claims, Tim moved to terminate sanctions following his examination of plaintiff's supporting fact witnesses
Represented the plaintiff, a maker of helmet-mounted display systems used by military pilots, in an action seeking a restraining order prohibiting its rival from using the client's trade secrets to unfairly compete with it
Represented the plaintiff, a Texas limited liability company involved in various aspects of the entertainment industry, in obtaining a summary judgment ruling in the client's favor. In so doing, Tim and this team also secured a fee-shifting award
Acted as lead counsel for a software provider in litigation over a law firm's license to use software products; obtained summary judgment for the client
Served as lead counsel in the successful defense of various corporations in a shareholder class action challenging an enterprise information management software company's 2009 acquisition of a company that offered a suite of content management, web portal, collaboration, document management, and records management software
Secured injunctive relief and favorable settlement for a Chicago-based manufacturer in a case involving allegations of misappropriation of confidential information and trade secrets
Acted as the lead trial lawyer for a company that delivers a marketing technology platform for hotels, hotel chains, management companies, and travel websites in its claims for fraud, breach of contract, and unfair competition against a technology services company that serves the travel industry
Led the representation of the plaintiff, a company that delivers a marketing technology platform for hotels, hotel chains, management companies, and travel websites, in an action for copyright infringement and violation of the Computer Fraud and Abuse Act and for other torts
Secured orders of dismissal, through motion practice, in favor of a multimedia conglomerate and a food and drink processing corporation in an action involving defamation brought in 2008 in the Circuit Court of Cook County, Illinois
Secured summary judgment for a money management firm accused of securities fraud in the Northern District of Illinois
Represented a multinational investment bank and financial services holding company in the successful defense of 10 out of 11 claims relating to a transfer of interest in a promissory note following a seven-week trial
