Timothy H. Kratz

Partner

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Practices
Industries
International
Education
  • University of Missouri - Kansas City School of Law, JD, magna cum laude, Order of Bench and Robe, Comment Editor, U.M.K.C. Law Review, 1989
  • University of Northern Iowa, BA, cum laude, 1986
Admissions
  • Georgia
  • Georgia Court of Appeals
  • Supreme Court of Georgia
  • U.S. Court of Appeals for the 11th Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Southern District of Georgia
Affiliations

Member, American Bar Association

Member; Past Chairperson, Mock Trial Committee; Past Chairperson, Court Futures Committee, State Bar of Georgia 

Faculty Member, National Institute for Trial Advocacy

Coach, Mock Trial Teams, Emory University School of Law

Member, American Intellectual Property Law Association 

Member, Association of Trial Lawyers of America

Timothy is the chair of the firm's life sciences industry team. He has extensive experience as a trial attorney, including all forms of litigation and alternative dispute resolution. He leads or has led litigation teams in numerous large, complex matters, including cases in the fields of patents and other forms of intellectual property, technology licensing and development, trade and competition, healthcare, securities, professional malpractice and all aspects of business litigation. His intellectual property experience spans industries such as pharmaceuticals, Internet advertising, hospitality, heavy manufacturing, software development, construction, environmental remediation, and many others.

He is the leader of the firm's Hatch-Waxman litigation team, serving as lead counsel in all phases of numerous ANDA cases for a leading generic pharmaceutical company, including several "first-filer" cases. He has a significant experience in this field, including serving as lead trial counsel on numerous trials and facilitating a major product launch with 180-day exclusivity, nearly 10 years before the last-to-expire patents.

Timothy also has extensive experience in other IP litigation matters in the pharmaceutical arena. He has served as lead counsel in infringement actions against compounding pharmacies alleged to have infringed a patent in the years before FDA approval for the branded product. He has also acted as lead counsel in a patent ownership dispute between a drug inventor and a university research foundation. Additionally, he has acted as lead counsel in a legal malpractice dispute concerning the scope of patent protection for a pharmaceutical product in Pacific Rim countries.

He has a depth of experience in the management of high stakes, high profile commercial litigation. He has tried many cases to verdict in a variety of jurisdictions, and argued several appeals before federal and state appellate courts. He has taught trial advocacy to both law students and lawyers in several states. While earning his law degree, he was a recipient of the Law Foundation Scholarship.

In the News

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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 pharmaceutical companies.

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.

Named to “Georgia Super Lawyers,” Intellectual Property Litigation, Business Litigation, Super Lawyers, Thomson Reuters, 2004-2013

Speaker, "Patent Prosecution and Litigation Issues," 8th Annual Pharmaceutical and Medical Device Conference,, November 10, 2016
Speaker, "U.S. Supreme Court 2014 -- Impact of Patent Litigation Strategies," 7th Global Intellectual Property Convention, Mumbai, India, January 17, 2015
Speaker, "New Challenges in U.S. Pharmaceutical Patent Litigation," World IP Forum, New Delhi, India, January 11, 2015
Speaker, "Understanding Cross Border Infringement and Its Effect on Intellectual Property," 8th Annual International Intellectual Property Summit, Ahmedabad, India, January 9, 2015
Speaker, "Exploring Strategies for Biosimilar Development in the United States; Regulatory, IP & Commercial Considerations Gleaned from the Global Framework," Legal and Regulatory Summit on Generic Drugs,, American Conference Institute, July 25, 2014
Moderator, "New Challenges in Managing IP Litigation," 5th Annual Medical Device and Life Sciences Conference: Innovation, Investing and Regulatory Issues,, November 7, 2013