Kerry L Timbers

Managing Partner at Sunstein LLP
Ranked in United States: Massachusetts
WTR Research

The WTR 1000 focuses exclusively on trademark practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal trademark expertise

Silver - Individuals: enforcement and litigation

Bronze - Individuals: prosecution and strategy

Unwavering in its focus on quality, innovative and tech savvy in its approach and highly efficient in its practice, Boston boutique Sunstein never fails to leave a positive impression. It also has an eminently capable team which is captained by Steve Abreu and Lisa Tittemore, who serve as trademark chair and litigation chair respectively. Both receive loud applause from the market. “Steve is very knowledgeable about trademark law, but a humble guy who is downright fun to work with.” “Lisa is very dedicated to her clients and an extremely tenacious individual when it comes to complex contentious matters.” Commentators also appreciate her generosity in sharing insights and strategies with fellow lawyers – “she’s not trying to keep her knowledge to herself”. Kerry Timbers is another vital cog in the machine, thanks to his trial seasoning and role as managing partner.

Kerry L Timbers's Profile

Kerry L Timbers is the managing partner of Sunstein LLP. He has an extensive trial background in both jury and non-jury cases, and has argued before the US Court of Appeals for the Federal Circuit for clients in industries including life sciences, technology and consumer-orientated products.

Mr Timbers has provided counsel in numerous patent interferences. A patent infringement trial returned a verdict in favor of his client, Exergen Corporation, for $14.6 million.

Mr Timbers also has extensive experience in all aspects of trademark and copyright protection and litigation, representing nationally recognised firms in courts and before the USPTO and the TTAB. He has significant involvement in shaping and implementing strategies for the protection, licensing and enforcement of clients’ trademark portfolios.

Mr Timbers is admitted to the Massachusetts Bar, as well as the Bars for the US Courts of Appeals for the First, Fourth and Federal Circuits and the US district courts in Massachusetts, Connecticut, Colorado, the Eastern District of Wisconsin and the Eastern District of Texas.

He is a member of the Boston Bar Association (BBA) and has been co-chair of the BBA IP Litigation Committee and co-chair of the BBA International IP Law Committee. He is also a member of the Boston Patent Law Association, the American Intellectual Property Law Association and INTA. Mr Timbers is a master in the Boston IP American Inn of Court and is a fellow of the Litigation Counsel of America.

Mr Timbers has been named to the Best Lawyers in America list (2016-2022), as well as the Super Lawyers list (2004-2021) for IP litigation. He has been named a Top 100 Attorney in New England (2014-2021) by Super Lawyers, and is a WTR 1000 Recommended Individual for enforcement and litigation, as well as for prosecution and strategy.

Firm Profile

 “Winning Intellectual Property” is Sunstein’s tagline, which embodies the firm’s dedication to innovation and client services and mission to deliver efficient and effective IP solutions to clients.

Sunstein is an IP boutique passionate about addressing our clients’ needs by providing high-quality trademark counselling, prosecution and enforcement services with a focus on implementing legal strategies that advance clients’ business goals. We have an outstanding record of important wins for our clients through litigation, patent and trademark prosecution, IP portfolio development and business transactions. We also have a long track record of success in protecting and enforcing our clients’ patent, trademark, copyright and other IP-related assets. We emphasise early identification of client business goals and develop strategic plans in order to achieve them.

Proven trademark experience

Sunstein develops and maintains domestic and foreign trademark portfolios for clients and provides a complete range of trademark services, including pre-filing consultation, trademark selection, searches and clearance, trademark registration and maintenance and trademark licensing, enforcement and policing.

We believe that the first step towards achieving our clients’ goals is listening to our clients and working with them to understand their goals. We pay special attention to developing strategies that encompass a client’s entire business and we help them to identify the questions that should be asked. We set up procedures and policies consistent with the client’s culture and provide cost-benefit analyses that help them to make choices regarding the proper focus of their trademark strategy.

We work as a team with our clients and seek to develop a close working relationship. Our proactive approach and passion for trademarks ensure the highest level of cooperation and lead to the highest level of legal service. Clients enjoy working with us because of the experience and enthusiasm that we bring to finding solutions that work for them. 

Our extensive network of law firms from around the world, provides services to their clients and obtains international protection for our many clients with global business needs. When we represent the clients of other law firms, we work with those firms and their clients to guide them through the USPTO process and introduce cutting-edge strategies to procure US registration more easily. We strive to make billing easier by offering fixed fees for certain trademark clearance and prosecution projects.

Leveraging technology

We use the latest technological tools to manage clients’ trademark portfolios. We use an award-winning fully electronic file system, allowing our attorneys access to the entire client file whenever and wherever they need it. We employ a nationally recognised innovative proprietary workflow automation software system – developed at Sunstein – to manage prosecution tasks, increasing our efficiency and accuracy. We can also provide clients with direct access to their patent and trademark portfolio reports through secure internet portals.

We regularly monitor third-party uses of our clients’ marks, through electronic watch services and other means, to ensure that our clients’ hard-won rights are protected from infringers.

Representative industries

Sunstein represents clients located throughout the United States and abroad, including public and private companies in all fields – including pharmaceutical, biotechnology, medical devices and services, retail and consumer products – as well as major academic and research institutions, government agencies and individuals.

Litigation

Aggressive representation in high-stakes IP litigation is a hallmark of Sunstein’s trial practice. Our litigators have handled significant cases in courts throughout the United States and have achieved superior results by carefully tailoring litigation strategy to our clients’ business objectives and the requirements of the case. Trial strategy is our constant focus.

Sunstein trial lawyers have won multi-million-dollar recoveries, obtained emergency injunctive relief and successfully defended high-stakes cases. Our knowledge of patent, trademark, copyright and trade secret law, technology and science enables us to deliver results.

Business transactions

We routinely handle a wide range of transactions involving technology-based companies and are accustomed to dealing with the special problems of forming and financing new business ventures in the United States. We offer a variety of corporate legal services to businesses. Our business practice group leverages our transaction skills with extensive knowledge of intellectual property and technology to promote clients’ business objectives.

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