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Timothy Q. Delaney

Practice Summary

Timothy Q. Delaney is chair of the Litigation Practice Group at Brinks Hofer Gilson & Lione, one of the largest intellectual property specialty firms in the country with approximately 170 attorneys. Mr. Delaney joined the firm in 1988 upon graduating from the George Washington University Law School.

Mr. Delaney's practice concentrates on litigation. He has held first and second chair responsibility at several trials. He has participated in numerous appeals to Federal Circuit and other federal and state appellate courts. Mr. Delaney's practice also includes patent prosecution and counseling.

Prior to his legal career, Mr. Delaney held a variety of positions at a plastic container manufacturer, including engineering trainee, production supervisor, quality control manager and assistant plant engineer.

Honors/Distinctions
  • Best Lawyers in America, 2010
  • Illinois Super Lawyers, Intellectual Property Litigation, 2005-2010
  • Leading Intellectual Property Lawyer, Leading Lawyers Network, Law Bulletin Publishing Company, 2004-2007, 2009
Representative Matters
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  • Delphi Automotive Systems, LLC, et al. v. Vehicle Occupant Sensing Systems, LLC E.D. Mi. 2010-present). Declaratory judgment action regarding air bag technologies.
  • Vehicle Occupant Sensing Systems, LLC v. American Honda Motor Co., Inc. (E.D. Tex. 2009-present). Patent infringement action regarding air bag technologies.
  • Amway Corp. v. MonaVie, Inc., et al. (D. Utah 2008-present): Trade secret misappropriation, tortious interference with contract and false advertising action.
  • 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. 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.
  • Stewart & Assoc. Int'l Inc., et al. v. Quixtar Inc., et al. (AAA.)(2006-2009). Breach of contract action. The case settled.
  • Lexion Medical Inc. v. Northgate Technologies, Inc., (N.D. Ill., 2004-present). Patent infringement action concerning the heating and humidification of insufflation gas for laparoscopic surgery.
  • 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. Settled.
  • Velcro Industries v. Rip ‘N Grip Indus., (D.N.H., 2004). Patent infringement action regarding method for making hook and loop fastener products. 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. 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. Settled.
  • Nitro Distributing, Inc. v. Alticor, (W.D. Missouri, Ct. App., 8th Cir., 2003-2010). 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. Settled.
  • Alticor 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. 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 client as a discovery sanction against opponent.
  • Amway v. Nikken, (M.D. Tenn., 1999-2001). Patent infringement and unfair competition action on therapeutic static magnets. Settled.
  • Intermatic v. Taymac, (N.D. Ill., 2000-Present). Patent infringement action on an in-use weatherproof electrical outlet cover.
  • Regent Lighting Corporation v. BWF/M, Stephens Manufacturing, (N.D. Ill., 1997 - 1998). Design patent infringement action on a halogen light fixture. 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, which were affirmed on appeal.
  • Intermatic v. Lamson, (N.D. Ill., Ct. App., Fed. Cir., U.S. Sup. Ct., 1995-2004). Patent infringement action on an in-use weatherproof electrical outlet cover. First chair responsibility in bifurcated trial. Verdict in favor of client 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. 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. 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.
  • Wolverine v. Nike, (W.D. Mich., Ct. App., Fed. Cir., 1993-1994). Patent infringement action on athletic shoe technology. 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.
  • Inland Steel v. USX, (N.D. Ill., 1992). Patent infringement action on electrical steel.
  • 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. 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. Settled.
  • Hitachi v. Motorola, (W.D. Tex., 1990). Patent infringement action on a RISC microprocessor. Settled.
  • Rodgard v. Miner, (W.D. N.Y., 1988-1992). Patent inventorship and trade secret action on an elastomeric shock absorber. Participated at 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.
Publications
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  • "Keeping Control of E-Mail,"Managing Intellectual Property, September 1998, p. 56
Memberships & Affiliations
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  • Federal Circuit Bar Association
    Chair, 2007-present 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
  • Intellectual Property Law Association of Chicago
    Chair/Moderator of Fall IP Panel Discussion, 2001-2005
    Dinner Committee, Chair, 1998-1999
  • Richard Linn American Inn of Court
Legal Experience
  • Brinks Hofer Gilson & Lione, Chicago, Illinois
    May 1988-Present
    Summer 1987