Timothy H. Gray

Representative Experience

• Representative Matters – Securities

• Successfully defended dismissal of putative securities class action in the U.S. Court of Appeals for the Third Circuit on behalf of leading bio-pharmaceutical company accused of concealing and misrepresenting results of drug trials.
• Helped obtain rare interlocutory appellate review of securities class certification in the U.S. Court of Appeals for the Ninth Circuit on behalf of prominent purveyor of shipping supplies.
• Represented manufacturer of medical assays against securities class action alleging fraudulent disclosures.

• Representative Matters – Intellectual Property

• Represented and led appellate briefing for generic pharmaceutical manufacturers in multiple appeals in the U.S. Court of Appeals for the Federal Circuit involving issues of infringement and invalidity.
• Member of team that won appeal on behalf of IT company in the U.S. Court of Appeals for the Federal Circuit, convincing court to reverse the PTAB’s judgment that crucial telecommunications patents were invalid.
• Represented leading electronics manufacturer in trademark-infringement litigation.
• Represented leading clothing brand-owner in false advertising litigation through trial and post-trial proceedings.
• Represented manufacturer of sophisticated medical testing assay in false advertising litigation through case-dispositive motion practice, trial, post-trial, and appellate proceedings.
• Represented major electronic component manufacturer in infringement and patent validity dispute.
• Represent prominent New York fashion brand in state-court suit involving alleged violation of publicity rights.

• Other Representative Matters

• Represented and led appellate briefing for credit union in the U.S. Court of Appeals for the Seventh Circuit, successfully securing affirmance of dismissal of putative class action.
• Member of appellate team that defended, in partnership with State Attorney General’s Office, two State laws regulating pharmacy benefit managers (PBMs), which PBMs contended were preempted by ERISA and Medicare Part D. Won U.S. Supreme Court vacatur of adverse ruling from the U.S. Court of Appeals for the Eighth Circuit; subsequently persuaded Eighth Circuit on remand to reject all ERISA challenges and to preserve all provisions of the law except those displaced by intervening changes to Medicare standards.
• Member of team that successfully overturned, in the Colorado Court of Appeals, denial of credit union’s motion to compel arbitration.
• Defended on appeal to Southern District of New York a bankruptcy court’s record contempt sanction award to client telecommunications provider arising from competitor’s automatic stay violation.
• Represented health care professionals and practices in connection with federal Anti-Kickback Statute investigations.
• Chief author of briefing that helped win dismissal of Maryland state action seeking judicial ruling that client medical practices’ structures were unlawful.