Timothy P. McAnulty
Timothy McAnulty practices all aspects of patent law, including district court litigations, post-grant proceedings, due diligence, strategic counseling, freedom-to-operate studies, opinion writing, and portfolio development. He represents clients across a wide range of technologies and works closely with them to develop strategies aligned with their business goals.
Mr. McAnulty focuses his practice on contentious patent proceedings before the U.S. Patent and Trademark Office (USPTO), including post-grant proceedings under the America Invents Act (AIA), reexaminations, and interferences. These proceedings often relate to and directly impact issues in parallel district court litigations, and Mr. McAnulty works closely with litigation counsel to coordinate strategies.
Throughout his career, Mr. McAnulty has conducted numerous due diligence investigations and freedom-to-operate studies. He often works with acquiring companies in evaluating the strength of a target portfolio and clearance of target products. He also works with target companies to prepare portfolios for acquisition and provides counseling through investment rounds, acquisition, and initial public offerings.
Mr. McAnulty has assisted many clients in developing patent portfolios with comprehensive strategies toward enforcement, competitive landscapes, licensing, and protecting commercial embodiments. He routinely counsels clients throughout all stages of product development and often works directly with technical teams through design changes. He has drafted and prosecuted hundreds of patent applications across various technologies. His technical experience includes medical devices, engine and exhaust-treatment technologies, hydraulics, business methods, control systems, green technologies, and chemical processes and equipment.
- BTG Int'l Ltd. v. Kappos (E.D. Va.). Member of a team representing BTG's challenge under 35 U.S.C. § 145.
- Successfully defended the validity of several patents that were central to licensed patent portfolios during separate reexamination proceedings.
- Developed and managed the U.S. portfolio of a start-up medical device company, providing advice on due diligence investigations during multiple investor rounds and license negotiations.
- Performed a comprehensive competitor landscape analysis for a prominent alternative energy company.
- Worked for several years as a patent examiner at the USPTO, examining U.S. and international applications in various mechanical technologies: gearing, bearings, linkages, traditional step-change and continuously variable transmissions, robotic manipulators, gear shifters, derailleurs, chain-and-sprocket drives, and other machine components that often relate to automotive components like drive trains, steering columns, and gear shifters.
- Worked as an engineer for both ExxonMobil and Mobil, directly supporting refinery business units by designing, troubleshooting, and retrofitting complex reactor internals for supporting, transferring, and fluidizing catalysts.
- American Intellectual Property Law Association
- American Bar Association
- Coauthor. "Alice's Adventures Part II: The Rabbit Hole at the USPTO," CIPA Journal, September 2014.
- Coauthor. "The Adventures of Alice in § 101 Land," CIPA Journal, September 2014.
- Coauthor. "Spring Update: More Lessons Learned from the New Post-Grant Proceedings," CIPA Journal, March 2014.
- Coauthor. "The Practitioner's Guide to Trials Before the Patent Trial and Appeal Board," American Bar Association, Section of Intellectual Property Law, 2014.
- Coauthor. "Update on Patent Trials at the U.S. Patent Trial and Appeal Board (PTAB)," CIPA Journal, Dec. 2013.
- Coauthor. "Lessons on the First Anniversary of the U.S. Patent Trial and Appeal Board (PTAB)," CIPA Journal, Sept. 2013.
- Coauthor. "Reissue Applications - Avoiding the Rule Against Recapture with Claims That Are Materially Narrowed in Other Aspects," Bloomberg Law Reports, Jan. 24, 2011.
- Coauthor. "Healthcare Reform Calls for Proactive IP Portfolios," Medical Design, Oct. 2009.