People

Timothy A. Cook

Counsel

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Tim Cook's practice focuses on complex patent litigation, with an emphasis on cases brought under the Hatch-Waxman Act or otherwise involving pharmaceuticals or biotechnology. His practice encompasses all phases of civil litigation, including taking and defending depositions, coordinating electronic discovery, drafting dispositive motions, preparing witnesses for depositions and trial, and appeals. He also advises clients about potential disputes, including assessment of patent portfolios and issues relating to standard-essential patents.

Mr. Cook's practice also extends to disputes before the US Patent and Trademark Office. He represents clients in both bringing and defending against inter partes reviews involving drug and medical device patents.

Mr. Cook practiced copyright and media law at Debevoise & Plimpton LLP before joining WilmerHale, and he was a judicial intern for the Honorable Robert B. King of the US Court of Appeals for the Fourth Circuit during law school. Before law school, Mr. Cook worked as a head teaching fellow for organic chemistry at Harvard University and conducted scientific research in chemistry and biochemistry laboratories 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)

Honors & Awards

  • 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

Recent Highlights

  • 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 (2016)
  • Successfully 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 (2016)
  • Successfully briefed an opposition to a motion to dismiss a Hatch-Waxman patent infringement litigation in the District of Delaware on personal jurisdiction grounds, adding to a growing body of law about personal jurisdiction in ANDA cases (2014)
  • Successfully briefed an opposition to a motion to dismiss for lack of personal jurisdiction in the District of Massachusetts in a patent infringement case involving holographic technology (2014)
  • 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 (2014)
  • Obtained a favorable settlement in a Hatch-Waxman patent infringement case in the District of Delaware (2014)
  • Obtained favorable settlements in patent infringement cases in the Districts of Delaware and Arizona (2013)
  • Obtained favorable settlements in six inter partes reviews before the US Patent and Trademark Office's Patent Trial and Appeal Board (2013)
  • Represented a major sports league in a putative class action in the District of Minnesota involving retired players' publicity-rights claims (2012)
  • 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 (2012)

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, the American Intellectual Property Law 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.

Practices

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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

Bar 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

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