Federal Circuit Affirms Teva Victory in Bendeka Hatch-Waxman Litigation

August 2021

On August 16, 2021, after oral argument by Williams & Connolly partner David Berl, the U.S. Court of Appeals for the Federal Circuit affirmed Teva’s victory over generic manufacturers in Hatch-Waxman litigation concerning Bendeka®, a drug with more than $2 billion in cumulative sales used to treat chronic lymphocytic leukemia and non-Hodgkin lymphoma.  In 2020, after a seven-day bench trial, the U.S. District Court for the District of Delaware upheld the validity of all asserted claims in all asserted patents and found that the defendant generic manufacturers infringed or induced infringement of each of the asserted claims.  As a result of the win, defendants cannot launch their products until the patents-in-suit expire, in more than a decade.    

The team representing Teva includes David Berl, Adam Harber, Elise Baumgarten, Shaun Mahaffy, Ben Picozzi, and Matthew Lachman.

Click here to read Law360’s coverage of the appeal. 

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