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Timothy J. Rousseau

Timothy J. Rousseau

Timothy J. Rousseau, Associate

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Mr. Rousseau is an associate in the firm’s Intellectual Property Litigation practice group. His practice focuses on intellectual property litigation, with particular emphasis on patents related to electrical and computer systems. Mr. Rousseau has represented clients in intellectual property disputes throughout the United States and before the U.S. International Trade Commission (ITC) and the U.S. Patent and Trademark Office (USPTO). Mr. Rousseau has argued before the U.S. Court of Appeals for the Federal Circuit, where he successfully obtained a summary affirmance of judgment in of his client.

Mr. Rousseau advises clients and participates in all phases of litigation, from initial counseling through trial and appeal. He has litigated cases involving a broad range of technologies, including Internet services and systems; computer hardware and software; mobile systems and applications; medical devices and services; biotechnology; pharmaceuticals; and mechanical devices.

Prior to joining Mishcon, Mr. Rousseau was an associate in the Intellectual Property Group of Goodwin Procter LLP. Mr. Rousseau was also previously full-semester intern to the Honorable Arthur J. Gajarsa of the U.S. Court of Appeals for the Federal Circuit. While attending law school, Mr. Rousseau was the Lead Articles Editor for IDEA: The Intellectual Property Law Review.

Key Experience

  • Accolade Systems, LLC v. Citrix Systems, Inc. et al., No. 6:07-CV-48-LED (E.D. Tex.); 2009-1509 (Fed. Cir.). Represented Citrix in a patent suit concerning remote access software. Successfully obtained summary judgment.
  • Bell Helicopter Textron Inc. v. Eurocopter, No. 1:10-CV-789-RLW (D.D.C.). Represented Bell Helicopter in a patent suit concerning helicopter landing gear through a three-day bench hearing for a permanent injunction. Obtained summary judgment of non-infringement, exclusion of all possible monetary damages, and declaration of prevailing party status.
  • In re Bendamustine Consolidated Cases, No. 1:13-CV-2046 (D. Del.). Represented Cephalon, Inc. in a Hatch-Waxman Act suit concerning patents relating to Abbreviated New Drug Applications (ANDA) for generic versions of Cephalon’s Treanda® (bendamustine HCl) Injection product.
  • Certain Light-Emitting Diodes and Products Containing the Same, Nos. 337-TA-784, 337-TA-802 (U.S.I.T.C.). Represented OSRAM AG in multiple ITC investigations concerning light emitting diodes, including during a five-day hearing before an ALJ.
  • Digital Reg of Texas, LLC v. AVG Technologies USA, Inc. et al., No. 6:11-CV-305-LED (E.D. Tex.). Represented AVG in a patent suit concerning digital rights management. Successfully obtained a transfer of the suit from the U.S. District Court for the Eastern District of Texas to the U.S. District Court for the Northern District of California.
  • iHance, Inc. v. Eloqua Ltd. and Eloqua Corp., No. 2:11-CV-257-MSD (E.D. Va.). Represented Eloqua in a patent suit concerning e-mail tracking software.
  • Mediostream, Inc. v. Microsoft Corp., No. 2:08-CV-369-CE (E.D. Tex.); MedioStream, Inc. v. AcerAmerica Corp. et al., No. 2:07-CV-376-CE (E.D. Tex.). Represented MedioStream in a consolidated patent suit concerning video encoding software.
  • Merck KGaA v. ImClone Systems Inc., ImClone Systems Corp. and ImClone LLC, No. 50 193 T 00395 08 (Am. Arbitration Ass’n Int’l Ctr. For Dispute Resolution). Represented Merck in an arbitration concerning a patent license and development agreement related to therapeutic compositions for the treatment of cancer. Successfully obtained an order of indemnification as well as prospective injunctive and declaratory relief.
  • Prompt Medical Systems, L.P. v. Medical Information Technology, Inc. (d/b/a Meditech), No. 6:10-CV-71-LED (E.D. Tex.). Represented Meditech in a patent suit concerning medical records and coding software.
  • Orenshteyn v. Citrix Systems, Inc., No.0:02-CV-60478 (S.D. Fla.); No. 2011-1308 (Fed. Cir.), No. 15-1056 (Fed. Cir.). Represented Citrix in a patent suit concerning remote access software. Successfully obtained summary judgment of invalidity and affirmance thereof on appeal to the U.S. Court of Appeals for the Federal Circuit. Argued before the U.S. Court of Appeals for the Federal Circuit and successfully obtained a summary affirmance of the district court’s grant of sanctions against the patentee’s counsel.
  • Streetspace, Inc. v. Jumptap, Inc. et al., No. 3:10-CV-1757-LAB (S.D. Cal.); No. 3:11-CV-4574-JW (N.D. Cal.). Represented Jumptap in a patent suit concerning targeting advertising. Successfully obtained a transfer of the suit from the Southern District of California to the Northern District of California and a stay of the suit pending the resolution on an inter partes reexamination of the patent-in-suit.
  • Textron Innovations Inc. v. American Eurocopter Corp. and Eurocopter, No. 4:09-CV-377-A (N.D. Tex.); No. 2011-1309 (Fed. Cir.). Represented Textron Innovations in connection with a patent developed by its sister company, Bell Helicopter, in a suit concerning helicopter landing gear. Successfully overturned grant of summary judgment of non-infringement on appeal to U.S. Court of Appeals for the Federal Circuit.
  • Teva Branded Pharmaceutical Products R&D, Inc. et al. v. Perrigo Pharmaceuticals Co. et al., No. 2:12-CV-1101 (D. Del.). Represented Teva in a Hatch-Waxman Act suit concerning patents relating to an Abbreviated New Drug Application (ANDA) for a generic version of Teva’s ProAir® HFA (albuterol sulfate) Inhalation Aerosol product.
  • UUSI, LLC d/b/a Nartron v. Webasto Roof Systems, Inc., No. 2:13-CV-11704 (E.D. Mich.); IPR Nos. 2014-00648, -00649, -00650. Represented Webasto in a patent suit concerning anti-entrapment software for automotive sunroofs and in three petitions for inter partes review of the patents-in-suit.

Education

J.D., Franklin Pierce Law Center, 2008 (now University of New Hampshire School of Law) (magna cum laude)
B.S., Computer & Systems Engineering and Computer Science, Rensselaer Polytechnic Institute, 2005 (cum laude)

Bar and Court Admissions

Commonwealth of Massachusetts
State of New York
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Massachusetts
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
U.S. Patent and Trademark Office