Overview

Timothy Scull helps protect the intellectual property of software and computer-architecture clients, including the world’s premier technology companies. Known for sophisticated patent portfolio analysis and strategic patent prosecution, Tim has drafted over 100 patent applications and been involved in the prosecution of several hundred applications. He manages patent portfolios, litigates patent and trademark disputes, and provides infringement and validity opinions.

Patent and Trademark Prosecution

With a deep understanding of his clients' challenges and business goals, Tim builds long-term intellectual property strategies. Tim has extensive experience drafting and prosecuting patent applications as well as trademark applications, and counsels clients on whether potential trademarks may be registered in view of existing marks.

Patent and Trademark Litigation

With extensive experience in IP litigation, Tim represents clients in patent and trademark disputes. He has served as an expert witness for Microsoft, defended a household brand name in federal court and has represented clients before the International Trade Commission.

Tim is actively involved in litigation matters in both patent and trademark areas. Past cases include:

  • Microsoft v. Commission of the European Communities (Case T-201/04) (Court of First Instance, Luxemburg): Expert witness on behalf of Microsoft.
  • Motorola v. Micron (U.S. District Court for the Western District of Texas): Defended Freescale against semiconductor and computer architecture patents asserted by Micron.
  • GolfTEC v. Bentley Kinetics (U.S. District Court for the District of Colorado): Represented owner of patent relating to computerized swing analysis system.
  • Climax Molybdenum Company v. Molychem LLC (International Trade Commission): Represented complainant in a trial to ITC relating to patent infringement of molybdenum compound for use as smoke suppressant.
  • Sierra Funding Corp v. Sierra Funding Group (U.S. District Court for the District of Colorado): Represented owner of federally registered trademark.

Infringement and Validity Opinions

Tim provides experienced infringement and validity opinions with respect to existing patents. He has drafted and provided hundreds of opinions regarding patent infringement or validity.

Portfolio Analysis

Tim is experienced leading teams of attorneys in portfolio analysis services for electronics and software clients. He was the lead attorney in providing analysis of Microsoft’s patent portfolio as it relates to protocols to be licensed in relation to Case COMP/C-3/37.792 Microsoft in the European Union.

Services & Industries

Credentials

Bar Admissions

Colorado
U.S. Patent and Trademark Office

Education

University of Colorado Law School
J.D. Moot Court (1996)

Colorado State University
B.S. in Electrical Engineering, Eta Kappa Nu - Electrical Engineering Honor Society (1992)

Insights & Events

Other Perspectives
  • "Cultural Shifts and Innovations During Denver's Growth Spurt" 
    Presenter, ColoradoBIZ, November 8, 2018
  • "The Difference Two Decades Make Denver"
    Presenter, Law Week Colorado, October 16, 2018
  • "The PTAB Speaks: Decisions, Initiatives and More" 
    Panel moderator, 13th Annual Rocky Mountain Intellectual Property & Technology Institute, May 29, 2015
  • Pending Cases May Change Patent Landscape
    Co-author, Law Week Colorado, June 2, 2014
  • "What You Don't Know: Immigrant Detention Centers in Our Backyards"
    Moderator, Conference of World Affairs, April 2011
  • "Protecting IP Abroad: A Cost Benefit Analysis"
    Panelist, 6th Annual Rocky Mountain Intellectual Property & Technology Institute, June 5, 2008
  • "Drafting Patents to Reach Outside U.S. Borders"
    Speaker, 5th Annual Rocky Mountain Intellectual Property & Technology Institute, May 25, 2007
  • "Protecting Technology - Introduction to Patent Law"
    Speaker, 4th Annual Rocky Mountain Intellectual Property & Technology Institute, May 31, 2006
  • "Protecting Technology - Patents 101"
    Speaker, 3rd Annual Rocky Mountain Intellectual Property & Technology Institute, April 27, 2005

Leadership & Community

Professional Associations

  • American Bar Association
  • Colorado Bar Association — Intellectual Property Section (Past Advisory Board Member)
  • Denver Bar Association
  • American Intellectual Property Law Association

Firm Leadership

  • Merchant & Gould — Managing Partner, Denver, 2004-19
  • Merchant & Gould — Chair, Electrical and Software Practice Group, 2009-14

Honors

  • Chambers USA — Colorado, Intellectual Property, 2013, 2015-16, 2020 
  • The Best Lawyers in America® — 2009-20
  • The Best Lawyers in America® — Lawyer of the Year, Patent Law, Denver, 2019
  • The Best Lawyers in America® — Copyright Law, Information Technology Law, Litigation - Intellectual Property, Litigation - Patent, Trademark Law, 2020
  • Managing Intellectual Property — "IP Star," 2013-20
  • The Legal 500 — Recommended for Intellectual Property Patent Prosecution, 2010-14
  • IAM Patent 1000 — The World’s Leading Patent Practitioners, Colorado, 2010-14, 2017-19
  • Law Week Colorado Barrister's Best — Best Intellectual Property Lawyer, 2010, 2014
  • Colorado's Corporate Counsel Black Book — Intellectual Property Transactions, 2007-08
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