Jeff Oelke is a partner in White & Case's Intellectual Property where he represents some of the world’s preeminent life sciences, pharmaceutical, biotech and high-tech companies in complex patent ligation matters as well as other intellectual property issues. He has extensive experience in all phases of patent litigation including Hatch-Waxman patent litigation and appeals to the US Court of Appeals for Federal Circuit, representing clients such as Pfizer Inc., UCB, Zoetis, Novartis Pharmaceuticals, among others. Mr. Oelke has also litigated matters and counseled clients in the electrical arts, including mobile communications, internet applications, semiconductor devices and hardware and software inventions.
- Represented Pfizer in a series of related patent infringement cases against eight different generics. In all cases, Pfizer sued the generic manufacturer defendants for infringement of the patents that cover Lyrica®, a Pfizer drug indicated for treatment of certain types of seizure and pain. Following a bench trial, the District of Delaware ruled for Pfizer on all issues., Pfizer Inc. v. Teva Pharm. USA, (D.Del.,2012) That decision was affirmed by the Federal Circuit. 555 Fed App'x 961 (Fed. Cir. 2014) (February 6, 2014).
- Represented a major pharmaceutical company in an arbitration concerning whether the client's product was covered by another major pharmaceutical company's patent. One day after the arbitration hearing, the three member panel ruled for White & Case's client on all issues, including determining that there was no infringement of any claim and awarding the adverse party no damages.
- Representation of Pfizer in series of patent infringement cases against multiple defendants concerning patents that cover Detrol LA®, a long acting version of Pfizer's market-leading drug for overactive bladder. Won claim construction hearing on all disputed terms and the cases then settled on favorable terms for Pfizer. Pfizer Inc. v. Teva Pharm. USA, 855 F. Supp. 2d 286 (D.N.J. 2012).
- Represented Pfizer Inc. in its five-year old patent infringement dispute with defendants Teva Pharmaceuticals USA, Inc., and IVAX Pharmaceuticals, Inc. After a five-day bench trial, the US District Court for the District of New Jersey issued an opinion rejecting all defendants' challenges to the validity of Pfizer's patent. Pfizer Inc. v. IVAX Pharmaceuticals, Inc. 2010 WL 339042 (D.N.J. 2010).
- Massachusetts Eye & Ear Infirmary v. Novartis Ophthalmics, Inc., 353 F. Supp. 2d 170 (D. Mass 2005).
- Mutual Pharmaceutical Co. v. Pfizer Inc., 307 F. Supp. 2d 88 (D.D.C. 2004).
- ICN Pharmaceuticals, Inc. v. Geneva Pharmaceuticals, Tech. Corp., 272 F. Supp. 2d 1028 (C.D. Cal. 2003).
- Monsanto Co. v. Mycogen Plant Science, 261 F.3d 1356 (Fed. Cir. 2001).
Mr. Oelke has been named a leading patent practitioner in IAM Patent 1000 The World's Leading Patent Practitioners: 2012, 2013 and 2014. He has been recognized as a leading patent litigator in "Patent Litigation (Life Sciences/Chemical)" in the Legal 500 Vol. II
(Intellectual Property, Media, Technology and Telecoms) and in Legal 500 Vol. III (Litigation)
. He has also been recognized as a "Future Star" in New York by the Benchmark Litigation Guide
. He is a regular author and lecturer on various patent law and other intellectual property issues including:
- "The Stanford Law School Conference on Intellectual Property Law and the Biosciences," April 27, 2012, Stanford, CA
- "Understanding the Recent Bankruptcy Court Decision Threatens Intellectual Property Rights of Licensees from Foreign Owners," Knowledge Congress, September 2011
- "Emerging Intellectual Property Issues For Attorneys: A 2009 Update," Knowledge Congress, May 2009
- "Managing Worldwide Pharmaceutical Patent Litigation -- Advanced Legal and Practical Considerations," Pharmaceutical Patent Life Cycles Conference, January 19, 2006 (London)
- "Inventorship: Considerations for Pharmaceutical Patents," Henry Stewart Conference: Attacking/Defending Patents in the US Pharmaceutical Market, September 30, 2003 (San Francisco)
- "Preliminary Injunctions in Pharmaceutical Patent Cases: When Is It Worth the Gamble?" Pharmaceutical Law Conference, January 16, 2002 (Philadelphia)
Bars and Courts
New York State Bar
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
US Court of Appeals for the Federal Circuit
US Patent and Trademark Office
JD, University of Houston, magna cum laude, Editor of University of Houston Law Review, 1992
BS, Kansas State University, Chemical Engineering, 1989
Professional Associations and Memberships
American Intellectual Property Law Association
Awards and Recognition
IAM Patent 1000: The World's Leading Patent Practitioners, 2012 – 2014
Corporate LiveWire, Lawyer Of The Year, Patent Litigation—New York, 2014
Legal 500 Vol. II (Intellectual Property, Media, Technology and Telecoms) and in Legal 500 Vol. III (Litigation)
Benchmark Litigation Guide, "Future Star"
"Surviving the Patent Shakeup," Chief Executive Magazine, July/Aug 2008
"Inequitable Conduct, Willful Infringement and Antitrust Law: Navigating New Challenges in Patent Litigation, The Impact of Recent Patent Law Cases and Development" (Inside The Minds) Thomson Reuters 2013.