Cook_Timothy

Timothy A. Cook

Tim Cook's practice focuses on pharmaceutical and life sciences patent litigation. He has represented innovator companies in trials under the Hatch-Waxman Act, disputes under the Biologics Prices Competition and Innovation Act (BPCIA), appellate proceedings before the US Court of Appeals for the Federal Circuit, and inter partes review proceedings before the Patent Trial and Appeal Board. Mr. Cook also maintains a general intellectual property and commercial litigation practice and has represented and advised companies in copyright, trade secret and licensing disputes.

Mr. Cook clerked for the Honorable Rya W. Zobel of the US District Court of the District of Massachusetts and, during law school, served as judicial intern for the Honorable Robert B. King of the US Court of Appeals for the Fourth Circuit. Before becoming a lawyer, Mr. Cook received an AB and MA in chemistry, worked as a head teaching fellow for organic chemistry at Harvard University, and conducted scientific research in chemistry and biochemistry groups there.

Publications

  • Timothy A. Cook, Note, “Courts as Diplomats: Encouraging an International Patent Enforcement Treaty Through Extraterritorial Constructions of the Patent Act,” 97 Virginia Law Review 1181 (2011)
  • Timothy A. Cook, Note, “Pharmaceutical Patent Litigation Settlements: Balancing Patent & Antitrust Policy Through Institutional Choice,” 17 Michigan Telecommunications & Technology Law Review 417 (2011)
  • Yiqiao Tang, Timothy Cook & Adam Cohen, “Limits on Fluorescence-Detected Circular Dichroism of Single Helicene Molecules,” 113 Journal of Physical Chemistry A 6213 (2009)
  • Sharmistha Ghosh, Samir Hamdan, Timothy Cook & Charles Richardson, “Interactions of Escherichia coli Thioredoxin, the Processivity Factor, with Bacteriophage T7 DNA Polymerase & Helicase,” 283 Journal of Biological Chemistry 32077 (2008)
  • Samir Hamdan, Boriana Marintcheva, Timothy Cook, Seung-Joo Lee, Stanley Tabor & Charles Richardson, “A Unique Loop in T7 DNA Polymerase Mediates the Binding of Helicase-Primase, DNA Binding Protein, and Processivity Factor,” 102 Proceedings of the National Academy of Sciences 5096 (2005)

Professional Activities

Mr. Cook is admitted to practice before the US Courts of Appeals for the First Circuit and Federal Circuit, as well as the US District Courts for the District of Massachusetts and the Southern and Eastern Districts of New York. He is a member of the American Bar Association, the Boston Bar Association and the Boston Patent Law Association.

He regularly serves as a judge for the Northeastern Regional Round of the Giles Sutherland Rich Moot Court Competition, which focuses on patent law appeals.

Experience

  • Represented patentee pharmaceutical company in a Hatch-Waxman case involving multiple generic challenges to patents covering a blockbuster drug product.
  • Represented patentee in BPCIA patent dances and litigation about patents relating to several proposed biosimilars of a major biologic drug.  
  • Successfully briefed a motion to dismiss a biosimilar company’s declaratory-judgment action, adding to a growing body of law about the BPCIA’s “patent dance” and declaratory-judgment bars.
  • Represented patentee in several Hatch-Waxman litigations involving challenges to patents covering an orally-active iron chelator.
  • Obtained a stay of patent litigation involving tyrosine kinase inhibitor technology brought by a non-practicing entity against an innovator pharmaceutical company, successfully invalidated all asserted claims in an inter partes review, and successfully defended PTAB decision on appeal.
  • Enforced an arbitration clause and successfully opposed a motion for a preliminary injunction in a case brought against a Brazilian biofuel manufacturer under state and federal trade secret law, including the Defend Trade Secrets Act.
  • Successfully opposed institution of an inter partes review of a compound patent covering a major drug, defeating a hedge fund's attempt to invalidate the patent.
  • Represented an innovator pharmaceutical company in a five-day Hatch-Waxman patent infringement trial in the District of Delaware about an antibiotic of last resort.
  • Served as lead counsel for a pro bono client in a Social Security redetermination of benefits hearing that, because of its unusual procedural posture, raised novel administrative and constitutional law questions.
  • Represented several broadcast television networks in copyright litigation against an Internet streaming company in the Southern District of New York and Second Circuit, ultimately resolved in the networks' favor by the Supreme Court of the United States.

Recognition

  • Named a "Massachusetts Super Lawyer Rising Star" for intellectual property litigation in the 2018 edition of Boston Magazine
  • Elected to the Order of the Coif
  • Winner of the Virginia State Bar's 2010 Intellectual Property Law Student Writing Competition
  • Winner of the ABA-BNA Award for Excellence in the Study of Intellectual Property Law at the University of Virginia School of Law

Insights & News

Credentials

  • Education

    • JD, University of Virginia School of Law, 2011

      Order of the Coif; Virginia Law Review; Editor-in-Chief, Virginia Journal of International Law
    • MA, Chemistry, Columbia University, 2007

    • AB, Chemistry, Harvard College, 2006

  • Admissions

    • Massachusetts

    • District of Columbia

    • New York

    • United States Patent and Trademark Office

  • Clerkships

    • The Hon. Rya Zobel, US District Court for the District of Massachusetts, 2014 - 2015

Credentials