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Eric W Dittmann

Partner, Litigation Department
New York
200 Park Avenue
New York, NY
10166
United States

Fax: 1(212) 230-7829

Overview

Eric W. Dittmann is Global Vice Chair of the Intellectual Property practice at Paul Hastings, overseeing the firm's 100-plus lawyer IP group. Mr. Dittmann is a trial attorney with extensive experience in patent litigations, arbitrations, and post-grant proceedings involving a broad range of technologies, including in the pharmaceutical, biotechnology, and medical device fields. He has been recognized as a leading patent litigator by numerous publications, including Chambers USA, The Legal 500, IAM Patent 1000, Benchmark Litigation, LMG Life Sciences, and Managing Intellectual Property.

Accolades and Recognitions

  • Ranked by Chambers USA for Intellectual Property: Patent in New York and lauded for "his patent litigation expertise," with referees noting that he is "highly strategic" and "phenomenal in all respects - he has a mastery of the subject matter and is an extremely effective and persuasive litigator." 

  • Recognized in The Legal 500 as a "pharmaceuticals expert" that "has a great knowledge of both legal and scientific issues, and has a great ability to maintain full control over complex and diversified cases." Also noted as "great at thinking through and explaining strategy," and for "work[ing] tirelessly for his clients."

  • Ranked as one of the world's leading patent practitioners by IAM Patent 1000 and noted for "performing at a championship level for Boehringer Ingelheim."

  • Recognized as a Life Sciences Star by LMG Life Sciences.

  • Recognized as a Global IP Star by Managing Intellectual Property.

  • Named a Rising Star in Life Sciences by Law360 in 2015 for "securing several high-stakes and precedent-setting victories in intellectual property battles over blockbuster pharmaceuticals," including the Lunesta® litigation.

  • Included in the inaugural edition of Benchmark Litigation's Under 40 Hot List.

  • Received a 2019 Trailblazers award from New York Law Journal.

  • Two-time Legal Lion, Law360.

Education

  • Seton Hall Law School, J.D., 2000 (summa cum laude, Associate Editor of the Seton Hall Law Review)

  • Rutgers University College of Engineering, B.S. in Mechanical Engineering, 1997 (with High Honors)

Involvement

  • Served as a judicial law clerk to the Honorable Alan D. Lourie of the United States Court of Appeals for the Federal Circuit.

  • Member of the State Bars of New York and New Jersey and admitted to practice before the Federal Circuit, the District of New Jersey, the Southern and Eastern Districts of New York, and the United States Patent and Trademark Office.

Recent Representations

  • As lead counsel for Mitsubishi Tanabe, successfully conducted the first-ever Zoom Hatch-Waxman trial in the District of New Jersey, where all invalidity challenges to Mitsubishi Tanabe's blockbuster Invokana® diabetes medication were rejected (currently on appeal).

  • As lead counsel for L'Oréal USA, obtained summary judgment of invalidity with respect to patents covering methods of using adenosine asserted by the University of Massachusetts and Carmel Laboratories against 130 different L'Oréal USA products (currently on appeal).

  • As co-lead counsel for Helsinn Healthcare, prevailed in two separate trials relating to challenges to patents protecting Helsinn's Aloxi® antiemetic drug franchise brought by more than 20 generics in multiple courts, the last of which ultimately settled on favorable terms to our client.

  • As lead counsel for Boehringer Ingelheim, successfully briefed and argued two IPR petitions resulting in the invalidation of method-of-treatment claims covering the drug product Humira®, both of which were affirmed on appeal.

  • Obtained a precedent-setting judgment of infringement and dismissal of all inequitable-conduct defenses in one of the largest-ever Hatch-Waxman cases relating to client Sunovion's Lunesta® sleep medication.

  • Obtained walk-aways from six separate generics for Boehringer Ingelheim in Hatch-Waxman litigation involving its blockbuster Pradaxa® stroke medication.

  • Served as lead counsel for Mitsubishi Tanabe in defeating challenges brought by multiple generics to Mitsubishi Tanabe's patent covering Gilenya®, the first-ever oral multiple sclerosis treatment, which established new law relating to the obviousness-type double patenting doctrine.

  • Served as co-lead counsel for Boehringer Ingelheim in connection with BPCIA litigation relating to its biosimilar version of Humira®, which ultimately settled on favorable terms to our client.

  • Served as lead counsel for BioMarin Pharmaceutical in appeals stemming from interference rulings relating to antisense oligonucleotides for treating Duchenne muscular dystrophy, which ultimately resulted in a settlement that included a $35 million up-front payment and ongoing royalties to our client.

  • Served as Helsinn Healthcare's lead counsel in defeating two PGR petitions relating to its Aloxi® drug franchise.

  • Served as lead counsel for DARA BioSciences and Helsinn Healthcare against claims that their Gelclair® oral mucositis treatment infringed a polymer-matrix patent, ultimately securing a favorable settlement.

  • Obtained a reversal of a judgment of patent invalidity concerning Boehringer Ingelheim's Mirapex® drug product for treating Parkinson's disease, which established new law concerning the safe harbor exception to the obviousness-type double patenting doctrine.

  • Served as trial counsel for Pfizer (Wyeth) and Takeda (Nycomed) in a successful jury trial concerning a validity challenge to the patent covering the companies' $2 billion-dollar-per-year Protonix® acid-reflux medication.

Practice Areas

Litigation
Patent Office
Patent Litigation
Appellate Litigation
Intellectual Property
Life Sciences and Healthcare

Languages

englisch

Admissions

United States Patent & Trademark Office
New York Bar
New Jersey Bar

Education

Seton Hall University School of Law, J.D. 2000
Rutgers, The State University of New Jersey, B.S. 1997

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