Teva Women’s Health, Inc. v. Mylan Pharmaceuticals Inc. and Famy Care Ltd.
(D. N.J.). Timothy Kratz was lead trial counsel for Mylan and Famy Care in this patent case involving Famy Care’s applications to market generic
versions of the birth control drug Seasonique®. The case was tried in April 2012 and the trial court entered judgment in favor of Mylan and Famy Care
invalidating the asserted patent. The decision was appealed and Timothy was the lead attorney for Mylan and Famy Care in the appellate proceedings
before the U.S. Court of Appeals for the Federal Circuit. Timothy argued on behalf of Mylan, Famy Care and one additional co-defendant generic
pharmaceutical company. The Federal Circuit affirmed the decision in 2013.
Abbott Laboratories v. Mylan Pharmaceuticals Inc. (N.D. Ill.)
Timothy was lead trial attorney for Mylan Pharmaceuticals in this patent case involving Mylan’s application to market a generic version of Depakote®
ER. McGuireWoods asserted non-infringement and invalidity counterclaims that included antitrust violations. The case involved two patents directed to
the active ingredient, divalproex sodium, and an additional eight patents directed to the pharmaceutical formulation. The trial court denied crucial
motions to dismiss Mylan’s counterclaims and McGuireWoods leveraged a favorable settlement for Mylan resulting in a major product launch with 180-days
exclusivity nearly 10 years before the last to expire patents.
Wyeth v. Mylan Pharmaceuticals Inc.
(D.W.V.). Timothy was lead counsel for Mylan Pharmaceuticals in this patent case involving Mylan’s application to market a generic version of Effexor®
XR – a top ten drug in the U.S. market. McGuireWoods handled the proceedings from start to finish, including fact and expert discovery, Markman hearing
and summary judgment before the U.S. District Court in West Virginia. The trial court denied crucial motions for summary judgment brought by Wyeth and
the case settled during the week of trial. The terms of the settlement are highly confidential, but Mylan will be permitted to market its generic
product many years before the last to expire of the related patents.
Pfizer Inc. v. Alphapharm Pty. Ltd. and Mylan Pharmaceuticals Inc.
(D. Del.). Timothy was lead counsel for Alphapharm and Mylan in this patent case involving Alphapharm’s application to market a generic version of the
blockbuster drug Lyrica®. The case, which involves numerous defendants, proceeded to trial in October 2012, and the court issued a judgment
in favor of the plaintiffs in 2013. The defendants have appealed that decision. Timothy represented Alphapharm and Mylan in the appellate proceedings
before the U.S. Court of Appeals for the Federal Circuit, and was selected to argue the appeal on behalf of five other co-defendant generic
Warner-Chilcott Company, LLC v. Mylan Pharmaceuticals, Inc. (D.N.J.). Timothy was lead trial counsel for Mylan and Famy Care in this patent case
involving Famy Care’s first-to-file application to market a generic version of a birth control drug
Generess®. The case was tried in January, 2014. Mylan and Famy Care entered into a confidential settlement with Plaintiff. Later, since there was an
additional party to the litigation, the trial court issued its opinion invalidating the asserted patent.
Timothy was lead counsel for numerous concluded ANDA litigation matters involving generic versions of drugs in the following therapeutic areas:
preventative cardiac care, diabetes, women’s health, urology, neurology, and mental health.
Timothy is lead counsel for numerous ongoing ANDA litigation matters involving generic versions of drugs in the following therapeutic areas: HIV treatment,
women’s health, ophthalmology, pain, neurology, mental health, gastroenterology, and preventative cardiac care.