Timothy is a veteran complex trial lawyer, with over 25 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 12 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 65 ANDA applications with Paragraph IV challenges.
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.
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
Panelist, "ANDA Litigation and Biosimilars", International IP Skills Summit, September 7 and 8, 2017, Bangalore India.
GEORGE J. BARRY III
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 two instances achieving the rare feat of invalidating the patents at issue.
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 17 years and live with their two children in the greater Atlanta metropolitan area.
TIMOTHY H. KRATZ