Timothy Q. Delaney
Practice Summary

Timothy Q. Delaney joined Brinks in 1988 upon graduating from the George Washington University Law School. He is a shareholder in Brinks’ Chicago office.

Mr. Delaney's practice concentrates on patent and trade secret litigation. He has held lead counsel responsibility at several trials and arbitration hearings. He has participated in numerous appeals to Federal Circuit and other federal and state appellate courts.

Mr. Delaney has litigated cases in a wide array of technologies, including biotechnology, aluminum and steel alloys, microprocessors, analog circuitry, semiconductor manufacturing equipment, medical devices, magnetics, computer software, business methods, wheels, consumer electronics, consumer products, fuel additives and telecommunications.

Mr. Delaney has successfully managed litigation teams with up to fifteen team members in complex, high-stakes litigation. He focuses on solving the client’s problem in the most cost-effective way possible. He communicates with the client to efficiently manage the litigation.

Prior to his legal career, Mr. Delaney held a variety of engineering positions at a plastic container manufacturer.

Honors/Distinctions
  • Best Lawyers in America, 2010-2012
  • Illinois Super Lawyers, Intellectual Property Litigation, 2005-2012
  • Leading Intellectual Property Lawyer, Leading Lawyers Network, Law Bulletin Publishing Company, 2004-2011
  • Committee Leadership Award, Federal Circuit Bar Association, 2011
Representative Matters
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  • In the Matter of Certain Devices for Capturing and Transmitting Images and Components thereof, ITC Inv. No. 337-TA-___ (U.S. Int’l Trade Comm’n, 2012). Lead counsel representing Complainant, Eastman Kodak Company, in an ongoing Section 337 investigation based on importation of Respondents’ (Apple and HTC) smartphone and tablet products that are accused of infringing Complainant’s patent rights.
  • Eastman Kodak Company v. Apple Inc., (W.D.N.Y. 2012). Lead counsel in patent infringement action pertaining to smartphones and tablets. Representing Kodak.
  • Eastman Kodak Company v. HTC Corporation, (W.D.N.Y. 2012). Lead counsel in patent infringement action pertaining to smartphones and tablets. Representing Kodak.
  • Eastman Kodak Company v. Samsung, (W.D.N.Y. 2012). Lead counsel in patent infringement action pertaining to tablets. Representing Kodak.
  • Sage Products, Inc. v. Val Med, Inc., (N.D. Ill., 2011). Lead counsel in patent infringement action involving a heel ulcer prevention and cushioning boot for non-ambulatory patients. Represented Sage Products. Settled.
  • Sage Products, Inc. v. Skil-Care Corp., (N.D. Ill., 2011). Lead counsel in patent infringement action involving a heel ulcer prevention and cushioning boot for non-ambulatory patients. Represented Sage Products. Settled.
  • Fifth Market Inc. v. CME Group Inc., (D. Del., 2011). Lead counsel in patent infringement action pertaining to financial trading systems. Defending the CME Group and related companies.
  • Robert Bosch LLC v. Old World Industries, Inc., (N.D. Ill., 2010). Lead counsel in patent infringement action involving automobile wiper blades. Defended Old World. Settled.
  • Delphi Automotive Systems, LLC, et al. v. Vehicle Occupant Sensing Systems, LLC, (E.D. Mi. 2010). Declaratory judgment action regarding air bag technologies. Represented Honda and Elesys. Settled.
  • Vehicle Occupant Sensing Systems, LLC v. American Honda Motor Co., Inc., (E.D. Tex. 2009-2010). Patent infringement action regarding air bag technologies. Represented Honda and Elesys. Settled.
  • Amway Corp. v. MonaVie, Inc., et al., (D. Utah 2008-2010). Lead counsel in trade secret misappropriation, tortious interference with contract and false advertising action. Represented Amway. Settled.
  • Polar Molecular Corp. v. Amway, et al., (W.D. Mich. 2007-2008). Defended Amway in a breach of contract, trade secret misappropriation and civil conspiracy action that was successfully dismissed based on motions to dismiss and summary judgment.
  • Quixtar Inc. v. Scheibeler, (M.D. Pa., 2007-2008). Defamation and tortious interference action. Represented Quixtar. Settled.
  • Automotive Technologies, Inc. v. American Honda Motor Co., (D. Del., 2006-present). Patent infringement action concerning methods and devices for controlling the deployment of side impact airbags. Representing Honda and Elesys.
  • Stewart & Assoc. Int'l Inc., et al. v. Quixtar Inc., et al., (AAA.)(2006-2009). Breach of contract action. Represented Quixtar. The case settled.
  • Lexion Medical Inc. v. Northgate Technologies, Inc., (N.D. Ill., 2004-2011). Patent infringement action concerning the heating and humidification of insufflation gas for laparoscopic surgery. Represented Northgate.
  • Indiana Mills & Manufacturing v. Dorel Indus., (S.D. Ind., 2004-2006). Patent infringement action concerning a child restraining seat with an adjuster for controlling harness sizing. Represented Indiana Mills. Settled.
  • Velcro Industries v. Rip ‘N Grip Indus., (D.N.H., 2004). Patent infringement action regarding method for making hook and loop fastener products. Represented Ryobi Technologies. Settled.
  • One World Technologies v. Robert Bosch Tool Co., (N.D. Ill., 2004-2006). Patent infringement action concerning a patent on an ergonometric miter saw handle and a patent on a scale system for a movable table. Represented Techtronic Industries, Ryobi Technologies and One World Technologies. Settled.
  • Black & Decker v. Techtronics Indus. Co., (D. Del., 2003-2005). Patent infringement action concerning fourteen patents on electric hand tools, including saws, screwdrivers, and drills. Represented Techtronic Industries, Ryobi Technologies and One World Technologies. Settled.
  • Nitro Distributing, Inc. v. Alticor Inc., (W.D. Missouri, Ct. App., 8th Cir., 2003-2010). Defended Alticor in antitrust case alleging violations of §§ 1 and 2 of the Sherman Act of a vertically integrated distribution chain. All claims were dismissed on summary judgment, and the dismissal was affirmed by the 8th Circuit.
  • CIVIX v. Motorola, (N.D. Ill., 2003-2004). Patent infringement and breach of contract action concerning five patents directed to identifying points of interest relative to a defined location using the Internet, GPS and wireless communications. Represented Motorola. Settled.
  • Alticor Inc. v. Ultra-Sun, (W.D. Mich., Ct. App., Fed. Cir., 2002-2004). Patent infringement and unfair competition action on a carbon block and UV lamp based water treatment system. Represented Alticor. Following successful appeal of summary judgment ruling, the case settled.
  • Thule, Inc. v. Graber Products, Inc., (D. Conn., 2002). Patent infringement action on bicycle carrier patents. Settled.
  • Motorola v. Vosi Technologies, (N.D. Ill., 2001-2003). Patent infringement, unfair competition and breach of contract action on integration of a portable cellular phone with the audio system in a vehicle. Obtained dismissal of Motorola as a discovery sanction against opponent.
  • Amway v. Nikken, (M.D. Tenn., 1999-2001). Patent infringement and unfair competition action on therapeutic static magnets. Represented Amway. Settled.
  • Intermatic v. Taymac, (N.D. Ill., 2000-present). Patent infringement action on an in-use weatherproof electrical outlet cover. Representing Intermatic.
  • Regent Lighting Corporation v. BWF/M, Stephens Manufacturing, (N.D. Ill., 1997 - 1998). Design patent infringement action on a halogen light fixture. Represented Stephens Manufacturing. Settled.
  • P&G v. Amway, (D. Ut. and S.D. Tex., Ct. App., 5th and 10th Cir., 1995-2004). Two lawsuits in separate forums including claims for defamation, Lanham Act and RICO violations. Obtained summary judgments for Amway, which were affirmed on appeal.
  • Intermatic v. Lamson, (N.D. Ill., Ct. App., Fed. Cir., U.S. Sup. Ct., 1995-2004). Represented Intermatic in patent infringement action on an in-use weatherproof electrical outlet cover. First chair responsibility in bifurcated trial. Verdict in favor of Intermatic for $12.5 million. Argued appeal, affirmed-in-part and reversed-in-part. Supreme Court granted certiorari, vacated and remanded. Court of Appeals vacated and remanded for determination of applicability of file wrapper estoppel under Festo. Settled.
  • Lucent Technologies v. AMP Incorporated, (D. Del., 1995-1997). Patent infringement action on a connector assembly for communication lines. Represented AMP. Settled.
  • Richardson-Vicks v. Upjohn, (D. Del, Ct. App., Fed. Cir., 1994-1997) Patent infringement action on an ibuprofen/pseudoephedrine cold remedy. Handled all damages witnesses at jury trial, and several liability witnesses. Represented Upjohn. Obtained JMOL of patent invalidity, which was affirmed on appeal.
  • Nike v. Wolverine, (D. Ore., Ct. App., Fed. Cir., 1993-1994). Patent infringement action on athletic shoe technology. Represented Nike.
  • Wolverine v. Nike, (W.D. Mich., Ct. App., Fed. Cir., 1993-1994). Patent infringement action on athletic shoe technology. Represented Nike. Obtained summary judgment of patent invalidity, which was affirmed on appeal.
  • Upjohn v. Monsanto, ( W.D. Mich., Ct. App., Fed. Cir., 1993). Patent infringement declaratory judgment action on a bovine growth hormone manufactured through recombinant DNA technology. Represented Upjohn.
  • Inland Steel v. USX, (N.D. Ill., 1992). Patent infringement action on electrical steel. Represented USX.
  • Nartron v. Amway, (Mich. St. Ct. (Osceola Co.), Ct. App., W.D. Mich. Bankruptcy Ct.,1992-2006). Patent ownership, trade secret and breach of contract action on an electrical end-of-life indicator. Participated as second chair at liability trial and separate damage trial. Argued appeal. First chair at trial in bankruptcy court. Represented Amway. Settled.
  • Amway v. Nartron, (W.D. Mich., Ct. App., Fed. Cir., 1992-1995). Patent infringement declaratory judgment action on an electrical end-of-life indicator. Obtained summary judgment of patent invalidity, which was affirmed on appeal.
  • Motor Wheel v. Kelsey-Hayes, (E.D. Mich., 1990-1991). Patent infringement action on automobile wheels. Represented Kelsey-Hayes. Settled.
  • Hitachi v. Motorola, (W.D. Tex., 1990). Patent infringement action on a RISC microprocessor. Represented Hitachi. Settled.
  • Rodgard v. Miner Industries, (W.D.N.Y., 1988-1992). Patent inventorship and trade secret action on an elastomeric shock absorber. Represented Miner Industries. Participated at successful bench trial as second chair in 1992.
  • Alcoa v. Reynolds, (N.D. Ill., 1988-1990). Patent infringement action on a high-strength aluminum alloy. Participated in jury trial. Represented Alcoa. Settled.
Publications
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  • "Coming Clean on E-Mail Discovery," ABA Journal, December 1999
  • "E-Mail Discovery: The Duties, Dangers and Expense," 46 The Federal Lawyer 42,1999
  • "Keeping Control of E-Mail, "Managing Intellectual Property, September 1998, p. 56
Memberships & Affiliations
  • Federal Circuit Bar Association
    Vice Chair, 2010 Legislation Committee
    Chair, 2007-2010 Patent Litigation Committee
    Chair, 2004-2006 Conference and Educational Committee
    Vice Chair, 2003 Conference and Educational Committee
    Board of Governors, 1999-2002
    Hutchinson Writing Contest Committee, Chair, 1993-1999
  • American Bar Association
  • American Intellectual Property Law Association
  • ITC Trial Lawyers Association
  • Richard Linn American Inn of Court
Legal Experience
  • Brinks Hofer Gilson & Lione, Chicago, Illinois
    May 1988-Present
    Summer 1987
Press Releases
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