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Timothy D. Syrett

Partner

Syrett, Timothy D.

Tim Syrett is an intellectual property and antitrust litigator. Mr. Syrett has particular experience with disputes at the intersection of antitrust and intellectual property law. He has litigated through trial a variety of issues relating to standard-essential patents in the telecommunications industry, including antitrust and contract claims, the determination of FRAND royalties, patent exhaustion and license defenses, as well as defenses to infringement arising from standard-setting participation. Mr. Syrett also has extensive experience litigating damages issues in patent infringement cases involving a variety of technologies. He has represented clients before federal and state courts, the International Trade Commission and the Federal Trade Commission.

In addition to his litigation practice, Mr. Syrett counsels clients on intellectual property and antitrust issues, including licensing, participation in standard-setting organizations, patent assertion entities and patent pools.

Honors & Awards

  • Recognized as an Up and Coming lawyer in the 2017 edition of Chambers USA: America's Leading Lawyers for Business for his Massachusetts antitrust practice, with clients noting that he is "extremely intelligent, proactive and very client-oriented."
  • Recommended in the 2016 and 2017 editions of The Legal 500 United States for his antitrust litigation practice.
  • Named a 2013, 2014 and 2015 "Massachusetts Super Lawyers' 'Rising Star'" in the area of intellectual property litigation.

Publications & News

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June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

May 26, 2017

WilmerHale Lawyers and Practices Recognized in 2017 Edition of Chambers USA

Chambers and Partners announced its rankings for the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with WilmerHale listed among the nation's best in 50 practice area categories. Chambers also ranked 86 WilmerHale lawyers as leaders in their respective fields.

June 22, 2016

The Legal 500 United States 2016 Recognizes 111 WilmerHale Lawyers Across 30 Practice Areas

The guide's rankings are based on a series of criteria, including client feedback, interviews with private practice lawyers, and its own research.

January 4, 2016

WilmerHale Announces 2016 Partner and Special Counsel Elevations

We are pleased to announce the elevation of our new partners and special counsel in 2016.

February 24, 2015

New standard essential patent policy may facilitate negotiations

An article by Mark Selwyn and Timothy Syrett published in the February 24, 2015 edition of the Daily Journal.

February 6, 2015

Patents, Standard Setting, and Antitrust – New Insight from the Department of Justice

On February 2, 2015, the Antitrust Division of the U.S. Department of Justice (DOJ) took another step towards clarifying the antitrust rules applicable to standard essential patents (SEPs).

January 5, 2015

WilmerHale Announces the Elevation of Partners and Special Counsel

We are pleased to announce the elevation of our new partners and special counsel.

May 29, 2014

New Research Compiles Public Data Regarding Patent Royalties on Smartphones

The smartphone industry has seen a high volume of patent litigation over the past few years, which has highlighted the interplay among patent law, competition law and the marketplace itself.

May 29, 2014

The Smartphone Royalty Stack: Surveying Royalty Demands for the Components within Modern Smartphones

This report, co-authored by WilmerHale intellectual property litigators Joe Mueller and Tim Syrett and Intel Vice President and Associate General Counsel Ann Armstrong, utilizes publicly available information to detail US patent royalty costs across smartphone components from wireless technologies to operating systems to user interfaces to outer-product design.

Recent Highlights

  • Successfully defended a leading wireless device vendor at trial in the Eastern District of Texas. The plaintiff, a non-practicing entity, initially accused our client of infringing 14 patents alleged to be essential to cellular standards. At trial, the jury found each of the five remaining patents not infringed. The judge also refused to instruct the jury on the plaintiff's contract claim alleging that our client was obligated to license the asserted patents because they were subject to FRAND commitments.
  • Represented a leading wireless device vendor in a dispute that spanned the Northern District of California, the International Trade Commission, and several foreign jurisdictions and involved claimed-essential cellular patents. The issues litigated through multiple trials included antitrust and contract claims as well as defenses to infringement arising from participation of the patent-holder at ETSI.
  • Member of trial team in a multiple patent ITC action on behalf of three Fortune 500 technology companies. The ITC found in favor of our clients, terminating the investigation with a finding of no violation that was later affirmed by the Federal Circuit on appeal.
  • Represented a leading manufacturer of semiconductor chips in Federal Trade Commission Part 3 litigation, where the FTC alleged unlawful monopolization of markets for computer microprocessors and graphics processing.
  • Asserted antitrust and breach of contract claims in the Northern District of Texas on behalf of a handset vendor arising out of a competitor's refusal to license patents declared essential to ETSI and IEEE on FRAND or RAND terms.
  • Member of trial team defending a software company in a four-month antitrust trial in state court on claims of overcharging consumers through monopolization.
  • Represented pretrial detainee in a bench trial of a Section 1983 suit in the District of Massachusetts challenging pretrial segregated confinement for lack of due process.

Community Involvement

Mr. Syrett is a member of the Board of Directors of America SCORES Boston, a nonprofit that provides an after-school program integrating soccer, creative writing and community service.

Practices

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Education

JD, cum laude, Harvard Law School, 2004

BA, English, Wesleyan University, 1999, Phi Beta Kappa

Bar Admissions

Massachusetts

New York

Clerkships

The Hon. Nicholas Garaufis, US District Court for the Eastern District of New York, 2004 - 2005

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