On August 5, 2020, WilmerHale secured a decisive trial victory for clients Bristol-Myers Squibb Company and Pfizer Inc. WilmerHale represented plaintiffs BMS and Pfizer in Hatch-Waxman litigation concerning patents covering plaintiffs’ blockbuster drug Eliquis®, which is used to treat and reduce the risk of blood clots and to reduce the risk of stroke in certain patients.
The litigation was filed in the District of Delaware before Judge Leonard Stark. This case began as one of the largest Hatch-Waxman cases ever filed, with 25 different generic companies named as defendants. Favorable settlements were reached with numerous defendants, and the case was tried against three remaining defendants in the fall of 2019.
Following the bench trial, Judge Stark released an opinion finding that the proposed generic products from the remaining three defendants infringed patents held by plaintiffs, expiring in 2026 and 2031, respectively.
The WilmerHale team representing BMS and Pfizer was led by Amy Wigmore and Bill Lee and included Kevin Prussia, Andrew Danford, William McElwain, Greg Lantier, Heather Petruzzi, Timothy Cook, Alexis Cohen, Kevin Yurkerwich, Charlie Cox, Annaleigh Curtis, Katherine Kieckhafer, Madeleine Laupheimer, Michael Nelson and Wenli Gu.