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.
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)