Overview
Eric W. Dittmann is Global Vice Chair of the Intellectual Property Practice, overseeing the firm's 100-plus lawyer IP practice, and is based in the firm's New York office. Mr. Dittmann focuses his practice on life sciences patent litigation and post-grant proceedings, and has significant experience with a broad range of technologies in the pharmaceutical, biotechnological, and medical device fields. He has been recognized as a leading patent litigator by numerous publications, including The Legal 500, IAM Patent 1000, Benchmark Litigation, LMG Life Sciences, and Managing Intellectual Property.
Accolades and Recognitions
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."
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)
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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
Prevailed in two separate trials relating to challenges to patents protecting Helsinn Healthcare'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.
Successfully briefed and argued two IPR petitions resulting in rulings that method-of-treatment claims covering the drug product Humira® were obvious; 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 three appeals stemming from interference rulings relating to antisense oligonucleotides used to treat Duchenne muscular dystrophy, which ultimately resulted in a settlement including a $35 million up-front payment and ongoing royalties.
Served as Helsinn Healthcare's lead counsel in defeating two PGR petitions relating to Helsinn's Aloxi® drug franchise.
Serving as lead counsel for Mitsubishi Tanabe Pharma Corporation in Hatch-Waxman litigation involving challenges to its first-in-class Invokana® diabetes medication.
Serving as lead counsel for L'Oréal USA in defending against claims of infringement relating to patents covering methods of using adenosine.
Serving as lead counsel in confidential international arbitration concerning disputed royalty payments under a worldwide IP license.
Advising numerous companies regarding anticipated challenges to their small-molecule and biological drug products.
Served as lead counsel for DARA BioSciences and Helsinn Healthcare against claims that their Gelclair® oral mucositis treatment infringes 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 after our team was hired to handle the appeal.
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.