A partner in White & Case's Intellectual Property Practice, Jeff Oelke represents some of the world's preeminent life sciences, pharmaceutical, biotech and high-tech companies in patent litigation, and other intellectual property issues.
He has extensive experience steering clients through all phases of complex patent litigation, including Hatch-Waxman patent litigation and appeals to the US Court of Appeals for the Federal Circuit.
Pfizer Inc., UCB and Novo Nordisk are among the clients Jeff has represented. He has supported Pfizer Inc. for a number of years, during several high-profile patent infringement disputes as well as arbitrations on patent licensing issues, and has achieved significant victories on its behalf.
Jeff has also developed a significant track record litigating matters and counseling clients in the electrical arts, including mobile communications, internet applications, semiconductor devices and hardware and software inventions.
He has been named as a leading patent practitioner by IAM Patent 1000's "The World's Leading Patent Practitioners" in 2012, 2013, 2014 and 2015. He was also recommended for his work in the Life Sciences industry by The Legal 500 US 2014, which noted that he is "highly regarded for his Hatch-Waxman expertise."
He has previously 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 The Legal 500 Vol. III (Litigation). He has also been recognized multiple times as a "Future Star" in New York by the Benchmark Litigation Guide.
Widely respected for his cutting-edge knowledge, Jeff writes and lectures on patent law and other intellectual property issues.
Represented Pfizer and UCB in Hatch-Waxman litigation against six defendants for infringement of five patents on the drug Toviaz® in the District of Delaware. After a four day trial, won on all issues of validity and infringement on all patents against all defendants. Representing Pfizer and UCB against Mylan in a subsequent litigation in Delaware on the same patents concerning Mylan’s ANDA relating to Toviaz®.
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. That decision was affirmed by the Federal Circuit in February 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.
Represented 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 an overactive bladder. We won a claim construction hearing on all disputed terms, and the cases were then settled on favorable terms for Pfizer.
Represented Pfizer Inc. in its five-year 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.
"Intellectual Property Law and the Biosciences", April 27, 2012: The Stanford Law School Conference,
"Understanding the Recent Bankruptcy Court Decision Threatens Intellectual Property Rights of Licensees from Foreign Owners", September 2011: Knowledge Congress
"Emerging Intellectual Property Issues For Attorneys: A 2009 Update", May 2009: Knowledge Congress
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
Surviving the Patent Shakeup, Chief Executive Magazine, July/August 2008
Healthcare: Life Sciences – The United States
Patent Litigation—New York