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Timothy (Tim) Getzoff

Partner

1800 Broadway, Suite 300, Boulder, CO 80302

Tim has served as lead trial counsel in high stakes patent, trademark, and copyright litigation matters throughout the United States.

Over the last 20 years, he has handled over 150 IP litigation cases in numerous federal district and appellate courts, including trials to a jury verdict or judgment in the districts of Colorado, Delaware, S.D. New York, C.D. California, Utah, Idaho, Nevada, E.D. Wisconsin, and M.D. North Carolina.

In addition to his trial practice, which has included actions for temporary restraining orders and preliminary injunctions, Tim has practiced before the International Trade Commission, has handled numerous cases before the Trademark Trial and Appeal Board, and has conducted appeals and oral arguments before the Federal, Second, Sixth, Ninth, Tenth, and Eleventh Circuit Court of Appeals.

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Experience

Tim’s experience involves managing and solving IP disputes for clients in a wide range of technologies and industries, including:

  • remote sensor technology
  • computer data storage hardware and software
  • WiFi design and deployment
  • telecommunications technology
  • foods and nutritional supplements
  • sporting goods and sports equipment
  • media and publishing
  • pesticide products and pesticide application methods
  • electronics and on-line retailers

Prior to practicing with Holland & Hart, Tim was a law clerk for the Honorable Zita L. Weinshienk, Senior Judge, United States District Court for the District of Colorado.

Client Results

Patent Litigation
  • Bridgestone Americas Tire Operations, LLC v. Bridgeport-Schrader et al, (D. Delaware 2015) lead counsel for defendants in two-week jury trial, obtained verdict of non-infringement against all products and claims.

  • Server Technologies, Inc. v. American Power Co. (D. Nevada 2014) co-lead counsel for plaintiff in two-week jury trial, obtained $13 million verdict of infringement and validity against all accused products and claims, case currently on appeal.

  • Cellport Systems, Inc. v. Peiker acustic GmbH (D. Colo. 2013) lead counsel for defendant in two-week bench trial, obtained judgment of non-infringement against bulk of plaintiff’s claims. 

  • Alcohol Monitoring Systems v. BI, Inc. (D. Colo. 2013) lead counsel for defendant, obtained summary judgment of non-infringement on all claims and products (6 F. Supp.3d 1184), argued and affirmed by Federal Circuit (2015).

  • K-TEC v. VitaMix Corp. (D. Utah 2010) member of trial team for plaintiff in two-week jury trial, obtained verdict of infringement and validity against all products and claims, $22 million judgment affirmed by Federal Circuit (2012).

  • Balivi Chemical v. Chemical Supply Co. (D. Idaho 2004) co–lead counsel for defendant in 8-day jury trial, obtained verdict of non-infringement on all claims.

Trademark Litigation
  • Hero Nutritionals v. Nutraceutical Corp. (C. D. Calif. 2013) lead counsel for defendant in bench trial, obtained judgment of non-infringement on all claims and products.

  • Aceto Agricultural Chem. v. Bayer Crop Sciences (S.D.N.Y. 2012) lead counsel for defendant in bench trial, obtained non-infringement judgment on all claims and products, affirmed by Second Circuit (2013).

  • SCJohnson & Co. v. Nutraceutical Corp. (E.D. Wis. 2013) lead counsel for defendant in bench trial, obtained judgment of common-law nationwide trademark rights, case on appeal. 

  • Nature’s Life v. Renew Life Formula (D. Utah 2006) lead counsel for plaintiff, defeated defendant’s motion for preliminary injunction.

  • AutoZone v. RadioShack, Inc. (M.D. Tenn. 2001) co-lead counsel for defendant, obtained summary judgment of non-infringement, affirmed by Sixth Circuit (2004).

Copyright Litigation
  • DCM Systems v. IntelliTec College (D. Mass. 2014) lead counsel for defendant, obtained jurisdictional dismissal for defendant, case not re-filed.

  • Gowan Corp. v. Aceto Agricultural Corp. (D. Arizona 2009) lead counsel for defendant, after defeating plaintiff’s motion for preliminary injunction, case settled on terms favorable to our client.

  • IQ Group v. Wiesner Publishing (D. New Jersey 2006) lead counsel for defendant, obtained summary judgment against bulk of plaintiff’s copyright and DCMA claims, case settled.

News

Publications

Speaking Engagements

Education

Bar Admissions

Recognition

  • Managing Intellectual Property, IP Star, 2013 - 2016
  • The Best Lawyers in America©, Litigation - Intellectual Property, 2016-2019; Trade Secrets Law, 2018-2019
  • IAM Patent 1000, Gold ranking for Individuals – Litigation, 2015-2016
  • World Trademark Review (WTR) 1000 - The World’s Leading Trademark Professionals, Colorado, Bronze Band 2017, 2018

Professional and Civic Affiliations

  • American, Colorado, Denver, & Boulder Bar Associations, Member
  • International Trademark Association (INTA), Member
  • American Intellectual Property Law Association (AIPLA), Member
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