Matthew R. Ford
Professional Practice
Bartlit Beck Herman Palenchar & Scott LLP, 2008-Present, Associate
Cases tried or otherwise taken to judgment
Nicor Gas Co. v. Glenbrook Excavating and Concrete, Inc. (Circuit Court, DuPage County 2010)
Represented public utility company seeking to recover damages caused to four underground gas lines. Co-chaired three-day jury trial. Jury found for Nicor, awarding 95% of damages requested.
Current representations
Bayer Schering Pharma AG & Bayer HealthCare Pharmaceuticals Inc. v. Teva, et al. (N.D. Ill.)
Representing Bayer in Lanham Act false advertising and patent infringement case arising out of Teva's launch of a generic version of Bayer's YAZR oral contraceptive and product literature claiming that Teva's generic contains Bayer's patented betadex clathrate formulation. Bayer moved for a temporary restraining order on June 15, 2010. On June 16, the Court heard argument. Teva contended that Bayer could not show likelihood of success on the merits of its claims and that Bayer was not entitled to emergency relief. During proceedings, the Court read a tentative ruling finding that Bayer was entitled to a TRO. Teva agreed to remedial measures including a weekly e-mail blast for three months directed at pharmacists and calling attention to its false prescribing information. Court entered an agreed order regarding these remedial measures and required compliance reporting from Teva. The case remains pending.
Swift Transportation Co. v. Ernst & Young (Ariz. State Court)
Represent Ernst & Young in accounting malpractice action stemming from merger between Swift Transportation Company and M.S. Carriers, Inc. Case pending in Arizona state court.
Bayer Schering Pharma AG & Bayer HealthCare Pharmaceuticals, Inc. v. Sandoz, Inc. et al. (S.D.N.Y.)
Trial counsel for Bayer Schering in Hatch-Waxman litigation against challengers seeking to market generic versions of oral contraceptives Yasmin® and YAZ®. Cases pending.
Bayer Schering Pharma AG & Bayer HealthCare Pharmaceuticals, Inc. v. Watson Labs et al. (D. Nev.)
Trial counsel for Bayer Schering in Hatch-Waxman litigation against challengers seeking to market generic versions of oral contraceptive YAZ®. Cases pending.