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ATTORNEYS

Tim
TIMOTHY H. KRATZ

PARTNER

Timothy is a veteran complex trial lawyer, with over 35 years of first-chair courtroom experience. 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 licenses and development, trade and competition, healthcare, securities, professional malpractice and all aspects of business litigation. For the past 16 years, he has built and led teams focused on Hatch-Waxman litigation, serving as lead counsel in all phases of numerous ANDA cases for leading generic pharmaceutical companies. He has significant experience in this field, including serving as lead counsel on more than 100 ANDA applications with Paragraph IV challenges. 

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Timothy is a recognized international speaker on topical issues pertinent to the life sciences industry and patent litigation, having presented at industry conferences throughout the United States, and in South Korea and on numerous occasions in India. He has been tendered and qualified as an expert in an international litigation matter in the field of U.S. patent litigation procedures. He was also his prior firm’s chair of the life sciences industry team, serving in this firm management position for more than two years. As such, he has coordinated multi-disciplinary and multi-office teams of lawyers serving the life sciences industry.


Timothy 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 and in fact has been selected on multiple occasions from joint-defense group counsel to argue an appeal on behalf of multiple leading companies in the field. He has also taught trial advocacy skills to both law students and lawyers in several states. He has been a member of the Georgia bar since 1989.

Timothy H. Kratz, Kratz & Barry Law

PUBLIC PRESENTATIONS

Speaker, “Biosimilars: The Way Forward,” World IP Forum 2017, Bangalore, India, April 28, 2017


Speaker, “Managing Costs of Litigation through Use of Alternative Fee Arrangements,” In House Counsel Forum (IHCF) Winter Academy, Seoul, South Korea, December, 2016


Speaker, “Patent Prosecution and Litigation Issues,” 8 th Annual
Pharmaceutical and Medical Device Conference, Chicago, November 10, 2016


Speaker, “U.S. Supreme Court 2014 – Impact on Patent Litigation Strategies,” 7 th 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, New York City, July 25, 2014


Speaker, “Latest Developments in Patent Litigation,” In House Counsel Forum (IHCF) Spring Academy, Seoul, South Korea, April, 2014


Moderator, “New Challenges in Managing IP Litigation,” 5th Annual Medical Device and Life Sciences Conference: Innovation, Investing and Regulatory Issues, Chicago, November 7, 2013

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Panelist, "ANDA Litigation and Biosimilars", International IP Skills Summit, September 7 and 8, 2017, Bangalore India.

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Speaker, “Pharma and the Patent System”, Global IP Conference, January 23, 2018, Bangalore, India

 

Moderator, “Challenges and Countermeasures in Intellectual Property Litigation”, Global IP Conference, January 24, 2018, Bangalore, India

 

Speaker, “Patent Law Suit Risk Assessment”, IP Skills Summit, June 27, 2018, Hyderabad, India

 

Speaker, “A Strategic View of 505(b)(2) ANDAs”, Global IP Conference, January 18, 2019, Bangalore, India

 

Speaker, “Paragraph IV Litigation Trends, Analysis and Future Predictions”, IP Skills Summit, August 14, 2019, Hyderabad, India

 

Moderator, “Generics to Complex Generics to Super Generics – The Reality and Way Forward”, Global IP Conference, January 10, 2020, New Delhi, India

George
George J. Barry, Kratz & Barry Law
GEORGE J. BARRY III

PARTNER

George has been a lawyer since 2003.  After a brief but meaningful stint with a boutique law firm representing a major Southeastern U.S. newspaper, George served as a federal judicial law clerk to two judges, now-retired Federal Magistrate Judge Vanzetta Penn McPherson and Eleventh Circuit U.S. Court of Appeals Judge Joel F. Dubina, both of Montgomery, Alabama.  As a law clerk, George observed dozens of hearings and oral arguments, assisted with several trials and mediations,
reviewed countless legal briefs, and provided advisory opinions on a wide range of legal questions, including First Amendment, Fourth Amendment, toxic torts, employment discrimination, punitive damages, Social Security, immigration, criminal law, federal jurisdiction and federal civil procedure.

 

Following his judicial clerkships, George pursued a practice in complex commercial litigation with a focus on intellectual property.  He joined the associate ranks of a premier Am Law 100 firm with about 1,000 attorneys located around the U.S. and Europe.  For several years, George handled an array of litigation matters, including cases involving trademark and unfair trade practices, securities fraud, franchisor/franchisee liability, environmental protection, construction,  international trade, civil liability for white-collar crimes and myriad business disputes, before turning his focus to the highly specialized area of patent infringement litigation.  In that arena, George’s primary focus has been on actions between brand and generic pharmaceutical companies under the Hatch-Waxman Act. In federal courts around the U.S., George proudly represents generic pharmaceutical companies striving to bring safe, effective, low-cost drugs to U.S. consumers and has handled cases impacting patients across a broad sampling of therapeutic areas, including HIV/AIDS, diabetes, autoimmune diseases, gastrointestinal disorders, pain management, contraception and even cold and flu remedies.  George’s patent litigation experience also includes telecommunications and microchip technologies. George has conducted and assisted with numerous hearings and trials and has served as a key member of successful trial teams, in three instances achieving the rare feat of invalidating the patents at issue.   

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George’s big-firm tenure survived the fallout of the Great Recession, and he was honored to have been voted into his previous firm’s partnership his first year of being considered before eventually starting Kratz and Barry LLP with his long-time mentor, colleague and law partner Timothy Kratz. 


As he is quick to point out, George’s path to the practice of law was a bit non-traditional.  George attended college thanks in large part to the G.I. Bill after serving four years enlisted in the U.S. Air Force, where he proudly served on crash/fire/rescue teams on Patrick AFB in Cocoa Beach, Florida, and Riyadh Air Base in Saudi Arabia.  George and his wife, Tracy, have been married since 2000 and have two children. 

MYER
R TOUHEY MYER

PARTNER

R Touhey Myer focuses his practice on litigating complex patent matters before the United States District Court for the District of Delaware, District of New Jersey, and the Eastern District of Pennsylvania. Most recently, Touhey’s patent litigation practice has focused on serving as lead and local counsel in Hatch-Waxman matters in Delaware and New Jersey. Additionally, Touhey practices before the USPTO, prosecuting patent and trademark matters. Touhey maintains a specialized practice in copyright infringement defense, where he uses knowledge acquired from previously enforcing copyright infringement campaigns to assist his clients quickly resolve allegations of infringement. Outside of his intellectual property practice,  Touhey also practices American Beverage Law and serves as outside general counsel for many of his corporate clients, specifically in the Pharmaceutical and Wine and Spirits spaces.

 

An active member of the local intellectual property community, Touhey serves on the Board of the Philadelphia Intellectual Property Law Association (PIPLA) as its past President (2021).

R. Touhey Myer-9.jpg

REPRESENTATIVE EXPERIENCE

  • Served as lead and local counsel on multiple Hatch-Waxman litigation matters before the District of Delaware, obtaining favorable rulings and settlements on behalf of my clients.

  • Evaluated contingent fee patent litigation matters by collaborating with litigation funding groups to determine best targets, the likelihood of success, and potential damages awards.

  • Successfully terminated a wine franchise agreement by establishing “good cause” before the Virginia Alcoholic Beverage Control Authority.

  • Reached favorable settlements for numerous clients accused of copyright infringement.

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HONORS & AWARDS

  • Rising Star, Delaware Super Lawyer 2019

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CLIENT TESTIMONIALS

I recently had a serious legal matter that needed immediate attention. I contacted Touhey as he was considered an expert in this matter. It was the best decision I made. He was able to quickly resolve the matter and get results that were way beyond my expectations. Another legal firm quoted me an outcome that Touhey thought (and thought correctly) was way out of line. This, in addition to his friendly conversations, quick email responses, and professionalism, gave me the peace of mind to use him to solve my issue. I am truly grateful for his outstanding work and quick result. The matter I had was quoted to me as taking over two months to resolve. Touhey resolved it within three weeks! I will recommend him to anyone who asks.

— Former Client

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EDUCATION & ADMISSIONS

  • Temple University Beasley School of Law, Juris Doctor, 2009

  • Drexel University Pennoni Honors College, Bachelor of Mechanical Engineering, 2006

  • Delaware

  • Pennsylvania

  • New Jersey

  • United States District Court for the District of Delaware

  • United States District Court for the Eastern District of Pennsylvania

  • United States District Court for the District of New Jersey

  • United States Patent and Trademark Office

 

ACTIVITIES

  • Philadelphia Intellectual Property Law Association, President, 2020

  • Montgomery County Bar Association, IP Law Committee, Vice Chair, 2010

  • Certified Delaware Superior Court Mediator

HOGAN
Michael P.Hogan-5.jpg
MICHAEL P. HOGAN

PARTNER

Mike Hogan is a partner at Kratz and Barry and resident in both the Philadelphia and Wilmington offices. He practices intellectual property litigation and concentrates on complex patent litigation, primarily in the pharmaceutical and life science areas. Mike’s litigation experience has spanned other technology areas including biotechnology, medical and mechanical devices, and consumer electronics. He has also litigated design patent, trade secret, and copyright cases. Mike’s practice incorporates non-litigation components, including freedom to operate, patent analysis and complex opinion work, all facilitated by bringing a litigation perspective to such patent scope, validity, and prosecution matters.
 

Prior to becoming a lawyer, Mike spent several years in the pharmaceutical industry as a medicinal chemist performing synthetic organic chemistry in drug discovery. Mike’s professional scientific background provides a unique, practical viewpoint which he brings to bear on behalf of his clients to achieve business-focused solutions.

RECENT REPRESENTATIVE EXPERIENCE

  • Member of team representing major generic drug manufacturers in Hatch Waxman litigation involving proposed generic versions of products including Rexulti®, Vraylar® and Epaned®, and multiple other pharmaceutical products.

  • APS Tech. v. Vertex Downhole, Inc., No. 19-1166 (D. Del.) Achieved favorable early settlement after beating Section 101 patent eligibility attack regarding oil field services technology.

  • Assisted the trial team that invalidated the method of treatment patents covering the DDP-IV inhibitor Tradjenta®.

  • Member of the trial team that achieved a favorable settlement for generic pharmaceutical manufacturer in the Hatch-Waxman litigation involving Kyprolis®, a treatment for multiple myeloma.

  • Member of the trial team that achieved a favorable settlement for generic pharmaceutical manufacturer in the Hatch-Waxman litigation involving the anti-platelet drug Brilinta®.

  • Variable Lighting LLC v. Kmart Corporation, et al., No.: 15-cv-00426 (D. Del.) | Achieved favorable settlement and license allowing client to market their accused consumer electronic product.

  • Northwest Home Designing, Inc. v. Benjamin Ryan Communities LLC, et al., No.: 14-cv-05808 (W.D. Wash.) | Achieved partial summary judgment against majority of plaintiff’s architectural copyright infringement claims and facilitating settlement.

  • BSN Sports, LLC v. Bensussen Deutsch & Associates, Inc.,No.: 15-cv-00969 (N.D. Tex.) | Achieved favorable settlement and license regarding claims of patent infringement against consumer sports products.

  • Lisa Duer v. Bensussen Deutsch & Associates LLC, et al., No.: 14-cv-01589 (N.D. Ga.) | Achieved favorable settlement of a lawsuit involving patent, trademark, trade dress and copyright infringement allegations concerning a medical device.

  • VSSI, Inc. v. Olympic Veterinary Corp., No.: 6:14-cv-03479 (W.D. Mo.) | Secured voluntary dismissal with prejudice and favorable settlement of patent infringement claims against veterinary medical device manufacturer.

  • Hospira, Inc. et al. v. Sylvia Matthews Burwell, et al., No.: 8:14-cv-02662 (D. Md.), No. 14-1920 (4th Cir.) | Part of litigation team for intervenor Par Sterile Products LLC in case brought by Hospira in the District of Maryland against U.S. Food & Drug Administration to rescind approval for generic Precedex® (dexmedetomidine) products. Par obtained summary judgment allowing it to market its product and later prevailed on appeal to the Fourth Circuit, after which the case settled favorably.

 

AWARDS AND PRESENTATIONS

  • Panelist, Philadelphia Intellectual Property Law Association, October 2020 Meeting: Recent Trends in ANDA Litigation.

  • Expert Panelist, Generic Pharma Industry: Analysis of the Decade 2010-2019; Lessons Learnt and Paragraph IV Filing/Approval/Litigation Through Examples, International Intellectual Property Skills Summit, February 27-28, 2020, Hyderabad, India.

  • Guest Lecturer: “P545 Advanced Patent Law” with Prof. Toshiko Takenaka - focusing on utility, written description, and enablement; University of Washington School of Law, February 1, 2016

  • Panel Moderator: “Claim Construction Now and Other Case Law Updates,” BIO IPCC Conference, Spring 2015, St. Louis, MO

  • Barrister’s Award for Excellence in Trial Advocacy, James E. Beasley School of Law, Temple University

  • Eli Lilly & Company Scholarship for Undergraduate Synthetic Organic Chemistry Summer Research

 

PUBLICATIONS

  • Hogan, M., “Reasons to Limit Inventor Testimony in Hatch-Waxman Cases,” IP Law 360, Feb. 15, 2019, https://www.law360.com/articles/1125290/reasons-to-limit-inventor-testimony-in-hatch-waxman-cases

  • Abedi, S., Hogan, M., Lindberg, E., “Is Trademark Registration Process No Longer Streamlined Post-B&B Hardware: Tall Tales or Reality?” BNA’s Patent, Trademark, & Copyright Journal.® 91:254, 2015

  • Hogan, M., Hillyer, G., “Toil and Trouble for Patent Trolls, Whoever They Are,” The Legal Intelligencer, Intellectual Property Special Section, October 2013.

 

PRACTICE AREAS

  • Patent litigation and counseling

  • Trade secret litigation

  • Complex litigation and counseling

 

EDUCATION & ADMISSIONS

  • Temple University – James E. Beasley School of Law, J.D. 2002

  • Indiana University – Biochemistry, B.S. 1993 (with Departmental Honors)

  • United States Patent & Trademark Office

  • New York

  • Pennsylvania

  • Washington

  • United States District Court for the Eastern District of Pennsylvania

  • United States District Court for the Western District of Washington

  • United States Court of Federal Claims

  • United States Court of Appeals for the Federal Circuit

 

ACTIVITIES

  • New York State Bar Association

  • New York Intellectual Property Law Association

  • Philadelphia Intellectual Property Law Association

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