Victory at Trial for Pfizer

New York, February 1, 2010 ... On January 20, 2010, White & Case achieved a significant victory for 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. Pending appeal, the court's decision prevents Teva and IVAX from selling a generic version of Pfizer's urinary incontinence drug Detrol® until Pfizer's patent expires in late 2012.

Pfizer sued Teva in 2004 and IVAX in 2007 for patent infringement after Teva and IVAX applied for FDA approval to market a generic version of Pfizer's Detrol® urinary incontinence medication. Pfizer's patent covers the active ingredient in both Detrol® and Detrol® LA, which collectively generate approximately $1 billion in annual revenue for Pfizer. Pfizer has filed separate patent infringement suits against generic pharmaceutical manufacturers seeking to market generic versions of Detrol® LA . White & Case represents Pfizer in all of the Detrol® and Detrol® LA cases.

In response to Pfizer's allegations of patent infringement, Teva and IVAX argued that Pfizer's patent was both invalid, as obvious, and unenforceable due to Pfizer's alleged "inequitable conduct" -- i.e., fraud on the US Patent Office. On December 10, 2008, the court granted Pfizer's motion for summary judgment of no inequitable conduct, in its entirety, leaving only Teva and IVAX's obviousness allegations for trial. That trial took place from September 17-23, 2009, and on January 20, 2010, the court issued an opinion rejecting Teva and IVAX's obviousness contentions and upholding the validity of Pfizer's patent.

The trial team from White & Case comprised partners Dimitrios Drivas, Jeffrey Oelke, Adam Gahtan and James Trainor; associates Alison Hanstead and Ryan Johnson and legal assistants Erica Wilders and Andrea Glaessner.

David DeLorenzi and Sheila McShane of Gibbons P.C. represented Pfizer as local counsel.

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