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Timothy Heaton is a counsel in the Intellectual Property and Litigation Practices at Phillips Nizer LLP, in the New York office.  

Timothy's practice focuses on all aspects of intellectual property litigation and counseling. He has extensive experience preparing for and conducting trials in district courts nationwide both asserting and defending against allegations of patent infringement for over 20 years, and is also experienced in copyright and trademark litigation, Federal Circuit appeals, inter partes reviews of patents under the America Invents Act and alternative dispute resolution. He counsels both corporate and individual clients on all aspects of IP law as to IP strategy, freedom-to-operate analysis, IP licensing, protection of innovations, and the intricacies of Hatch-Waxman pharmaceutical disputes.  

Tim has represented clients in a wide variety of industries including computer software and hardware, pharmaceuticals and specialty chemicals, consumer products, mechanical devices, semiconductors and semiconductor manufacture, confectionery flavoring agents, internet usage analytics and graphics processing.

Tim is admitted to the New York and USPTO Patent Bars. He is currently serving as Vice Chair of the Patents Committee of the New York City Bar Association, and has served as chair of the Patents Committee’s amicus briefs subcommittee.  In that regard, he has prepared and filed numerous amicus briefs on patent law topics in both the U.S. Supreme Court and U.S. Court of Appeals for the Federal Circuit, on behalf of the New York City Bar Association.

Tim’s technical background includes a degree in physics, and having served as a research assistant at Cornell University’s Wilson Synchrotron Laboratory, a high energy particle physics facility.

Tim also has an ongoing interest in serving the underprivileged, which he has pursued through pro bono representation of immigrant children facing removal proceedings.

Tim was previously a counsel at Troutman Sanders LLP, and an associate at Morgan, Lewis & Bockius LLP and at the former patent boutique firm of Hopgood, Calimafde, Kalil & Judlowe LLP.

Professional Memberships

• New York City Bar Association, Vice Chair of Patents Committee (2019-2022), Member of Patents Committee and its Amicus Briefs Subcommittee (2010-Present)
• American Bar Association (ABA), Intellectual Property Law Section
• Alumni Class Officer, Cornell University
• Member, Steering Committee of the Junior Council, American Museum of Natural History