Wendy M. Ward

Partner
Madison
10 East Doty Street, Suite 600
Madison, WI 53703
D: 608.280.6757
Contact My Assistant
Amy Miller
D: 608.280.6741

Education

University of Wisconsin Law School
   J.D., cum laude, 2001
   Legal Internship, Western District of Wisconsin, Judge Barbara Crabb, 2001
   National Champion, Giles S. Rich Patent Law Moot Court Competition, 2000

University of Wisconsin – Madison
   B.S. Medical Microbiology and Immunology, with distinction, 1996

Bar and Court Admissions

U.S. Supreme Court
U.S. Patent and Trademark Office
U.S. District Court, District of Minnesota
U.S. District Court, Western District of Wisconsin
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Seventh Circuit
Wisconsin State Bar, 2001

Professional Affiliations

Minnesota Intellectual Property Law Association

Awards & Recognition

Pro Bono Lifetime Achievement Award, Merchant & Gould, 2015
IP Stars–Top 250 Women in IP, Managing IP, 2013-2014

As a former Senior Director of Intellectual Property at a Minneapolis-based generic pharmaceutical company, Wendy knows what it’s like to answer to a CEO who demands results within the constraints of a budget. Wendy’s responsibilities included establishment of global processes related to all aspects of litigation, pre-initiation evaluation of potential products, and development and implementation of Paragraph IV challenge strategies in concert with senior management, regulatory, and scientific staff.  Wendy also managed all Hatch-Waxman litigation for the company and was an active member of the trial team in several cases. Her experience has enhanced her ability to anticipate her clients’ needs.

Wendy is a partner in the Madison office of Merchant & Gould, concentrating her practice on patent litigation. A significant portion of Wendy’s practice includes counseling generic pharmaceutical companies with respect to ANDA filings, including preparing non-infringement, invalidity and freedom-to-operate opinions, and managing Hatch-Waxman litigation.

She also has extensive experience representing clients in connection with a variety of intellectual property evaluation issues, including due diligence investigations and patent validity, infringement, and freedom-to-operate analyses.

Wendy’s technical background includes research in molecular virology, both during her undergraduate program in medical microbiology and immunology and as a research specialist in the Department of Ophthalmology and Visual Sciences at the University of Wisconsin Medical School. Wendy’s research included in vitro testing of putative antiviral compounds and development of a viral vector to deliver therapeutic genes to retinoblastoma tumors in animal models.

Wendy’s pro bono service includes representation of Wisconsin prisoners alleging excessive force and civil rights violations by prison officials.

In her spare time, Wendy enjoys spending time with her husband and daughter. Her favorite activities include cooking and baking, balanced by running and biking.

Representative Cases

Glaxosmithkline PLC, et al. v. Hikma Pharm. Co., et al., No. 12-cv-1965 (D.N.J.) (505(b)(2) application for argatroban injection)

Cadence Pharmaceuticals, Inc. et al. v. Paddock Laboratories LLC. et al., No. 11-CV-733 (D. Del.) (ANDA for acetaminophen I.V.)

Cumberland Pharms. Inc. v. Paddock Labs., LLC, et al., No. 12-cv-619 (D. Del.) (ANDA for acetylcysteine I.V.)

Cumberland Pharms. Inc. v. Perrigo Co., No. 12-cv-6327 (N.D. Ill.) (ANDA for acetylcysteine I.V.)

Braintree Labs, Inc. v. Paddock Labs., Inc., No. 11-cv-4568 (D.N.J) (ANDA for sodium sulfate/potassium sulfate/magnesium sulfate osmotic laxative preparation)

Allergan et al. v. Watson Laboratories-Florida, Sandoz, Inc., and Paddock Laboratories, Inc., No. 09-511-GMS (Consolidated) (D. Del.) (ANDA for trospium ER capsules)

Purdue Pharmaceuticals et al v. Paddock Laboratories, Inc., No.09-666-KAJ and No. 10-129-KAJ (D. Del.) (ANDA for tramadol ER tablets)

Eli Lilly & Co. v. Zenith Goldline Pharms., Inc., 364 F. Supp. 2d 820 (S.D. Ind. 2005) (ANDA for olanzapine tablets)

In re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949 (D. Del.) (ANDA for rosuvastatin calcium tablets)

AstraZeneca Pharmaceuticals LP et al v. Aurobindo Pharma Limited, Inc. et al., No. 07-810 (D. Del.) (ANDA for rosuvastatin calcium tablets)

Forest Laboratories, Inc. v. Ivax Pharmaceuticals, Inc., et al., 438 F. Supp. 3d 479 (D. Del.) (ANDA for escitalopram tablets)

Z Trim Holdings, Inc. v. Fiberstar, Inc., No. 07-CV-161 (W.D. Wis.) (patent infringement action regarding food additive)

Z Trim Holdings, Inc. v. Fiberstar, Inc., No. 06-CV-361 (W.D. Wis.) (patent infringement action regarding food additive)

The First Years Inc. et al v. Munchkin, Inc., No. 07-cv-00558 (W.D. Wis.) (patent infringement action regarding sippy cups)

3M Company v. Kerr Corporation, 07-cv-00087 (W.D. Wis.) (patent infringement action regarding dental fillers)

ICON Health & Fitness, Inc. v. Horizon Fitness, Inc. et al., No. 08-cv-00026 (E.D. Tex) (patent infringement action regarding treadmills)


MEDIA CENTER

All Media
Events
3/18/16
Wendy Ward on Panel for Appellate Practice Institute CLE
Merchant & Gould attorney Wendy Ward will be a panelist at the 10th Annual Appellate Practice Institute CLE on Friday, March 18 in Minneapolis.This all-day CLE seminar, co-sponsored by Minnesota Continuing Legal Education and the MSBA Appellate Practice ...
Press Releases
6/26/15
Merchant & Gould Attorney Successfully Argues Kingsley v. Hendrickson before U.S. Supreme Court
The law firm of Merchant & Gould announced today that Wendy M. Ward, a partner in its Madison, Wis. office, successfully argued an excessive force case before the United States Supreme Court in April on behalf of pro bono client Michael ...
Articles
4/3/12
Judge Rules Allergan's Sanctura XR Patents Invalid
Press Releases
2/10/12
Merchant & Gould Scores Significant Patent Litigation Victory for Generic Pharmaceutical Manufacturers over AstraZeneca
U.S. Appeals Court Upholds Dismissal of AstraZeneca's Crestor Patent Suits Merchant & Gould, an intellectual property law firm, today announced it has won a litigation victory on behalf of its client Aurobindo Pharma Ltd and other generic pharmaceutical ...
Press Releases
10/20/11
Merchant & Gould Welcomes New Attorneys in Minneapolis, Madison and Denver
Merchant & Gould, a leading national IP law firm, today announced it has added two new attorneys to the Minneapolis office and that attorneys Wendy Ward and Greg Johnson rejoined the Madison and Denver offices, respectively."We are excited to have ...
Press Releases
3/25/09
Merchant & Gould Announces Plans To Open Madison, WI Office With Four New Lawyers
Additions Will Enhance Firm's Depth in ANDA and other IP Litigation While Building Its Presence in the Western Wisconsin Rocket Docket Merchant & Gould, an intellectual property law firm, today announced that it has added two senior trial attorneys ...