Overview
Dr. Timothy (Tim) P. Best guides major pharmaceutical companies and drugmakers through all phases of high-stakes patent litigation. With extensive experience successfully defending against and asserting patent infringement claims, including before juries and under the Hatch-Waxman Act, Tim has a proven track record of securing favorable rulings in complex patent disputes involving multibillion-dollar claims at trial and on appeal.
Tim’s patent litigation work focuses on biotechnology and life sciences and spans technological fields, including small molecule pharmaceuticals and biologics, medical devices, semiconductor manufacture, computer and network security, image processing, and business methods.
Outside of his practice, Tim teaches a course on intellectual property litigation as an adjunct faculty member at the University of Southern California Gould School of Law. Prior to law school, while earning his PhD in chemistry, Tim focused on synthesizing DNA-binding small molecules and evaluating their activity both in vitro and in vivo using various molecular and cellular biology techniques.
Results
- Successfully defended Merck Serono in a five-week jury trial against Biogen Inc. in which Biogen sought more than $5.4 billion in damages for alleged infringement of a patent pertaining to the use of recombinant DNA technology in the treatment of multiple sclerosis; this case was one of the largest defense wins in patent litigation history*
- Successfully asserted three patents on behalf of Depomed, Inc. (now known as Assertio Therapeutics, Inc.) and Grünenthal against several prospective generic drug competitors*
- Represented Santaris Pharma A/S (now owned by Roche) in patent litigation brought by pertaining to synthetic antisense DNA drugs*
- Secured a favorable settlement on behalf of Blue Belt Technologies, Inc. (now owned by Smith & Nephew) in patent litigation brought by MAKO Surgical Corp. pertaining to robotic surgical devices and methods, upholding the validity of Blue Belt’s patent claims and the invalidity of Mako’s patent claims following inter partes review challenges before the US Patent & Trademark Office*
*Matter handled prior to joining McDermott.
Community
- The Judge Paul R. Michel Intellectual Property American Inn of Court, board member
- Los Angeles County Bar Association, member
- University of Southern California Intellectual Property Institute, planning committee member
Credentials
Education
University of California, Berkeley, JD, 2007
California Institute of Technology, PhD, Chemistry, 2005
Butler University, BS, Chemistry, summa cum laude, 1999
Admissions
California
Courts / Agencies
US Court of Appeals for the Federal Circuit
US District Court for the Central District of California
US District Court for the Southern District of California
