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Eric W. Dittmann

Partner, Litigation Department
New York
T 1(212) 318-6689
F 1(212) 230-7829
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Eric W. Dittmann is a partner in the Litigation practice of Paul Hastings and is based in the firm’s New York office. Mr. Dittmann focuses his practice on intellectual property litigation and post-grant proceedings with an emphasis on complex, high-stakes patent actions. Mr. Dittmann has significant experience with a broad range of technologies in the pharmaceutical and biotechnology fields. He has also represented and counseled a diverse group of clients in patent matters relating to a wide array of other technologies, including medical devices, software applications, and electronic devices.

Experience

  • Successfully briefed and argued two IPR petitions resulting in finding that method-of-treatment claims involving the drug product Humira® would have been obvious (currently on appeal).
  • Co-led two separate trial teams that obtained judgments that seven of Helsinn Healthcare’s patents covering its Aloxi® antiemetic drug product were valid and infringed (currently on appeal).
  • Obtained a precedent-setting judgment of infringement and dismissal of all inequitable-conduct defenses in one of the largest Hatch-Waxman cases ever filed relating to client Sunovion’s Lunesta® sleep medication.
  • Advised Helsinn Healthcare as lead counsel in defeating two PGR petitions relating to Helsinn’s Aloxi® drug franchise.
  • Representing Boehringer Ingelheim in connection with patent litigation relating to its proposed biosimilar version of Humira®.
  • Representing Boehringer Ingelheim in Hatch-Waxman litigation involving its blockbuster Pradaxa® stroke medication.
  • Representing Mitsubishi Tanabe Pharma Corporation in Hatch-Waxman litigation involving its first-in-class Invokana® diabetes medication.
  • 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 royalty-bearing settlement.
  • Served as lead trial 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 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.

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.”
  • Recognized as an Intellectual Property Star by LMG Life Sciences.
  • Named a Rising Star in Life Sciences by Law360 for “securing several high-stakes and precedent-setting victories in intellectual property battles over blockbuster pharmaceuticals.”
  • Included in the inaugural edition of Benchmark Litigation’s Under 40 Hot List.
  • 2016 Hatch-Waxman Impact Case of the Year by LMG Life Sciences.
  • Two-time Legal Lion, Law360.

Professional and Community 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.

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)