Patent litigation attorney
Timothy H. Kratz
2 tracked appearances — 0 plaintiff · 2 defendant.
Specialty & background
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Timothy H. Kratz — Kratz & Barry LLP (Atlanta, GA)
Focus areas. Kratz's patent practice is concentrated almost entirely in pharmaceutical patent litigation under the Hatch-Waxman Act — ANDA/Paragraph IV cases on behalf of generic drug manufacturers. Kratz & Barry describes the practice as spanning "virtually every therapeutic area" and covering a broad range of patent types and technical issues; public filings show him in cases involving tacrolimus (Envarsus XR), baclofen oral solution, enalapril liquid formulations, efavirenz (Sustiva), pimavanserin (Nuplazid), and other small-molecule/liquid-formulation and method-of-use patents. A speaker bio for the International IP Skills Summit states he has served as lead counsel on more than 65 ANDA applications with Paragraph IV challenges, and that he chaired his prior firm's life sciences industry team. There is no meaningful record of him handling Wi-Fi/standards-essential patent, software, or mechanical patent work.
Side preference. He is a defense-side litigator for pharmaceutical companies. The tracked database lists a single appearance — as Trial Counsel for Alkem in Veloxis Pharmaceuticals, Inc. v. Alkem Labs. Ltd. (D. Del.) — and that is on the defendant side. Broader third-party docket analytics place his representation profile at roughly three-quarters defendant and about 15% counterclaimant (generics routinely counterclaim for declaratory judgment), with only a small residual plaintiff share. That is consistent with the underlying docket record: he represents generic applicants resisting brand-company infringement suits, not NPEs/PAEs asserting patents. Note the tracked list significantly understates his actual docket — public filings show dozens of ANDA matters — so the "1 appearance" figure should not be read as a measure of his practice volume.
Firm context. Kratz is a founding partner of Kratz & Barry LLP, which he and George J. Barry III formed in fall 2017 after leaving a large international firm; the firm added Wilmington, Delaware and Philadelphia offices in 2021 and now has a patent-litigation bench that includes R. Touhey Myer, Michael P. Hogan, and former Hetero USA IP director John Thallemer. Prior to 2017 he was a partner at McGuireWoods LLP in Atlanta, per Super Lawyers and Martindale listings and the firm's own identification of its founders as former partners of a major international firm; he appears as McGuireWoods counsel of record in Delaware Hatch-Waxman opinions from that period.
Notable matters and results. Veloxis Pharmaceuticals, Inc. v. Alkem Laboratories Ltd. (D. Del. No. 1:24-cv-00784, Judge Noreika), his tracked case, resolved by a consent judgment entered January 13, 2026, enjoining Alkem's ANDA No. 219575 product until expiration of the eight patents-in-suit (with claims dismissed with prejudice and no fee award). He argued and won two Federal Circuit appeals for generic clients: Azurity Pharmaceuticals, Inc. v. Alkem Laboratories Ltd., No. 2023-1540 (Fed. Cir. Sept. 14, 2023) (nonprecedential), where the court affirmed invalidity of the asserted enalapril formulation patents for obviousness; and Metacel Pharmaceuticals LLC v. Rubicon Research Private Ltd., No. 2023-2386 (Fed. Cir. Apr. 23, 2025) (nonprecedential), affirming summary judgment of no induced infringement because the proposed ANDA label merely permitted, rather than encouraged, the claimed refrigerated storage. He also represented Mylan/Matrix in Bristol-Myers Squibb Co. v. Mylan Pharmaceuticals Inc. (D. Del. No. 09-651), where the court in 2011 held that a conditional covenant-not-to-sue did not defeat declaratory judgment jurisdiction — a point the generic side prevailed on.
PTAB / IPR. No public record of IPR, PGR, or CBM proceedings with him as counsel was located in searches; his appellate and trial practice is in district court and the Federal Circuit, and third-party analytics list him as active only in district court, ANDA, and Federal Circuit forums. This should be treated as "not verified" rather than confirmed absence.
Bar and education. Admitted in Georgia in 1989; J.D., University of Missouri–Kansas City (1989); B.A., University of Northern Iowa (1986). Admissions include the U.S. Courts of Appeals for the Eleventh and Federal Circuits and several federal district courts (N.D., M.D., and S.D. Ga.; D. Colo.), per Martindale.
Firms
Roles
- Trial Counsel1
- lead counsel1
Cases (2)
- Δ defendantNeurelis, Inc. v. Strides Pharma Global PTE Ltd. et al.Kratz & Barry · lead counsel
- Δ defendantVeloxis Pharmaceuticals, Inc. v. Alkem Labs. Ltd.Kratz & Barry · Trial Counsel