Jennell advises clients on a wide range of intellectual property and legal matters. She is a strong advocate for clients in and out of court. She takes pride in developing a deep understanding of the disputed technology and the business needs of her clients to achieve favorable outcomes. For instance, in a notable win from the District of Delaware, the Judge found six patents invalid for indefiniteness after the Markman hearing, which saved the client the expense of trial for six of the seven patents-in-suit. With strong briefs and argument, the decision was affirmed at Forest Labs., Inc. v. Teva Pharms. USA, Inc., 716 Fed. Appx. 987 (Fed. Cir. 2017). She represents plaintiffs and defendants from a variety of industries with experience in many forums such as Delaware, Minnesota, New Jersey, Southern District of New York, Connecticut, and the USPTO.
She also helps clients avoid court where possible. For instance, Jennell recently negotiated a favorable resolution with a contract research organization involving a contract dispute, which saved the client the expense of litigation while getting their desired outcome. She also advises clients on complying with federal and state laws directed to the drug, pharmacy, and veterinary industries; life cycle management and design-around options; patent and exclusivity assessments; navigating the drug supply chain; disputes surrounding labeling and marketing claims in the health care space; antitrust. Jennell’s transactional experience involves contract drafting and negotiation, and patent opinions.
Jennell is an adjunct assistant professor in the College of Pharmacy at the University of Minnesota and is a course director for Law in Pharmacy Practice. She serves on the Board of Directors for Hennepin Healthcare System, Inc. and Goodwill-Easter Seals Minnesota. She is currently President of the American Society for Pharmacy Law. Jennell also volunteers for the Metropolitan Council’s CAMP Program (monitoring the water quality for one of Minnesota’s 10,000+ lakes).
Her industry experience includes laboratory research in medicinal chemistry and immunology directed labs, research on device with drug for atrial fibrillation, deputy director for the Minnesota Board of Pharmacy, community pharmacist, pharmacy benefit management consultant, and assisting a pharmaceutical economist with antikickback and misbranding statutes, False Claims Act disputes, misappropriation of trade secrets, and antitrust matters.
William Mitchell College of Law, JD, cum laude
William Mitchell Law Review, Assistant Editor
Cybaris, An Intellectual Property Law Review, Editor-in-Chief
William Mitchell Fellow
University of Minnesota, PhD, Social & Administrative Pharmacy
University of Minnesota, Pharm. D.
Iowa State University, BS, Journalism, with distinction
Minnesota Supreme Court
US District Court for the District of Minnesota
US Court of Appeals for the Federal Circuit
Smiths Medical ASD, Inc. v. Smith Medical
Carlson Caspers attorneys, Derek Vandenburgh, Tara Norgard, and Jennell Bilek secured a client-favorable settlement in a trademark case brought on behalf of global manufacturer and medical device innovator Smiths Medical. Smiths Medical is a...
Altana Pharma AG and Wyeth v. Teva Pharmaceuticals USA, Inc. (Pantoprazole)
Our client, Teva, was the first drug manufacturer to file a Paragraph IV ANDA challenging the validity of a patent covering Protonix® (pantoprazole), a product that had annual U.S. sales in excess of $2...
Forest Labs, Et Al. v. Teva Pharmaceuticals USA, Inc., Et Al. (Memantine Extended-Release)
Carlson Caspers represented Teva in this Hatch-Waxman patent litigation concerning seven patents directed to compositions and uses of memantine extended-release (Namenda XR®). Shortly before trial and after the Markman hearing, the Court found the asserted...
Hoffmann-La Roche v. Teva Pharmaceuticals USA, Inc. (Capecitabine)
Carlson Caspers represents Teva in this Paragraph IV Hatch-Waxman case concerning Teva’s ANDA for capecitabine (Xeloda®), which challenged the infringement and validity of the listed Orange Book patents. This case settled on favorable...
Our firm represented Teva, who was one of two first-filers, against charges of infringement of compound, polymorph and method patents relating to erlotinib (brand name Tarceva®) in this Hatch-Waxman Paragraph IV ANDA litigation....
Purdue v. Teva Pharmaceuticals USA, INC. (Oxycodone)
Carlson Caspers won a series of significant victories for Teva Pharmaceuticals USA, Inc., involving patents related to Purdue’s multi-billion dollar OxyContin® pain medication. First, Carlson Caspers secured favorable judgments on each of the asserted...
Smiths Medical ASD, Inc. v. Smith Medical
Carlson Caspers attorneys, Derek Vandenburgh, Tara Norgard, and Jennell Bilek secured a client-favorable settlement in a trademark case brought on behalf of global manufacturer and medical device innovator Smiths Medical. Smiths Medical is...
Minnesota Monthly 2024 Top Lawyers
Best Lawyers®, recognized since 2023
Litigation—Intellectual Property
Minnesota Super Lawyers®, recognized since 2023
2023 Notable Women in Law, Twin Cities Business
Minnesota Super Lawyers® Rising Star, 2013-2020
Minnesota Lawyer Diversity & Inclusion Honoree (2022)
Minnesota Lawyer Up & Coming Attorney (2019)
Patexia, ANDA Litigation Intelligence Report, 2024, Top 250 Most Active Lawyers