As appeared in Law360
Law360’s editors describe the creative litigation strategies employed by the Kaye Scholer team in the recent Pfizer v. Teva Pharmaceuticals victory – among which was the decision to have a biologist and chemist translate the story of the drug’s genesis into lay terms.
According to Kaye Scholer partner Dan DiNapoli, one of the lead attorneys in the case, along with partner Aaron Stiefel, “Getting to see some of the witnesses testify in those other proceedings, and getting an idea of what they were capable of, helped us make some decisions about how we wanted to proceed with our case.”
On the stand, the biologist explained that Pfizer scientists first realized Viagra might be able to treat ED orally when the volunteers in a Phase 1 study began to experience spontaneous erections. This testimony aided in the defense of Pfizer’s method-of-use patent from Teva’s obviousness challenge.
“[I]t was an enormous change in direction, and we certainly told that story through the inventor,” Stiefel said, referring to this “serendipitous event in the clinical trial.”
The amount of information, in part from earlier disputes and related litigation, surrounding the drug posed particular challenges for the legal team.
Stiefel added, “When you come to a case and nobody’s done anything about it before, you … can develop the case as you see fit. Here it was anything but a blank slate. There had been so much said before and done before that we had to be very cognizant of that.”
Also of Interest
- US Solicitor General Disagrees with Madden Decision but Urges SCOTUS Not to Review May 26, 2016 • Client Alerts
- Boston Appointed a New York City Bar Vice President May 25, 2016 • Recognitions
- Chicago Team Receives 2016 Award for Excellence in Pro Bono Service May 25, 2016 • Recognitions
- And Now a Word from the Panel: A 21st Century MDL May 25, 2016 • Articles
- Weigel, Druckenbrodt Published in Deutscher AnwaltSpiegel May 24, 2016 • Articles
- Managing Your MDL for Maximum Impact May 2016 • Reports / Newsletters
- WirtschaftsWoche Interviews Fritz about Visa Waiver Program May 23, 2016 • Media Mentions
- Winning It on Appeal: How to Avoid Remand and Reverse the Board’s Validity Determination... May 19, 2016 • Articles
- The Federal Circuit Adopts a Redundancy Exception to Estoppel Following Inter Partes Review May 19, 2016 • Articles