Timothy Kratz and George Barry represent Aurobindo in this patent case involving Aurobindo’s application to market generic versions of Mucinex® DM. In March 2017, the trial court granted Aurobindo’s motion for summary judgment of non-infringement, an extraordinary outcome for ANDA litigation generally, and in particular in a jurisdiction where summary judgment motion in pharmaceutical patent litigation cases are disfavored.

Timothy Kratz and George Barry represented 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.

Timothy was lead trial attorney for Mylan Pharmaceuticals in this patent case involving Mylan’s application to market a generic version of Depakote® ER. Mylan 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 Timothy 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. 

Timothy and George represented 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. The team 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 was permitted to market its generic product many years before the last to expire of the related patents.

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 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.

Timothy and George were 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 by Timothy and George to conclusion 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.