Timothy Hester is a partner who concentrates in the field of antitrust litigation and antitrust counseling matters. In recent years, he has handled a series of major antitrust litigation projects in the pharmaceutical industry, including the defense of antitrust suits raising claims of unlawful patent settlements, sham litigation and wrongful patent acquisitions. These include the representation of AstraZeneca in In re Nexium Antitrust Litigation, the representation of Purdue Pharma in In re OxyContin Antitrust Litigation, and the representation of GlaxoSmithKline in In re Relafen Antitrust Litigation. Other antitrust litigation he has handled in recent years included representation of Samsung in a challenge to industry standards-setting, the defense of antitrust claims against Procter & Gamble challenging the settlement of patent litigation, and the defense of antitrust claims against the National Football League related to satellite television programming. Beyond these matters, he has been involved in a series of civil and criminal antitrust matters involving conspiracy claims and monopolization theories across a range of industries and products over roughly 25 years.
Aside from his work in antitrust litigation, Mr. Hester has an active counseling practice that includes antitrust issues involving the settlement of Hatch-Waxman patent litigation and other matters at the intersection of antitrust and patent law. He has been responsible for negotiating a number of settlements of Hatch-Waxman litigation. He has also represented clients in merger reviews and investigatory matters before both the Justice Department and FTC, and was deeply involved in representing Exxon before the FTC in the Exxon-Mobil merger. He has also handled litigation and merger matters before regulatory agencies, including the Surface Transportation Board, the Department of Transportation, and the Copyright Office.
Mr. Hester is the chair of the firm’s Management and Executive Committees.