Jennell C. Bilek | Dennis C. Bremer | Peter M. Kohlhepp | Samuel T. Lockner | Iain A. McIntyre

Our firm represented Teva, who was one of two first-filers, against charges of infringement of compound, polymorph and method patents relating to erlotinib (brand name Tarceva®) in this Hatch-Waxman Paragraph IV ANDA litigation. Sales of Tarceva, which is indicated for non-small cell lung cancer and pancreatic cancer, were in excess of $1 billion annually. After having taken the case over from another firm, we built up such a convincing case of non-infringement and invalidity that our client was offered a favorable settlement hours before trial was set to start, while the other defendant was left to trial by itself.