RELATED ATTORNEYS

Jennell C. Bilek | Mark D. Schuman | Todd Werner

Carlson Caspers represented the first-to-file generic drug company, Teva, in its efforts to challenge eight Abbott patents directed to pharmaceutical products containing niacin and simvastatin (Simcor®), and methods of using those products, in a Paragraph IV ANDA litigation. The patents defined the claimed inventions in a variety of ways, including by reference to the ingredients, in vitro properties, and in vivo performance, of the claimed formulations. Defenses we developed included, invalidity for anticipation, obviousness, written description, enablement, indefiniteness, and best mode, as well as non-infringement. Despite the complexity and nuance of the subject matter resulting from the number of patents and defenses at issue, we developed an exceedingly strong case through fact and expert discovery. Shortly before trial, our client received a favorable settlement offer and resolved the case.