Eric W. Dittmann

Partner, Litigation Department

New York

T 1(212) 318-6689

F 1(212) 230-7829

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 life sciences patent litigation and post-grant proceedings. Mr. Dittmann has significant experience with a broad range of technologies in both the pharmaceutical and biotechnology fields. He has been recognized as a leading patent litigator by numerous publications, including The Legal 500, IAM Patent 1000, Benchmark Litigation, and LMG Life Sciences.

Experience

Successfully briefed and argued two IPR petitions resulting in rulings that method-of-treatment claims covering the drug product Humira® would have been obvious (currently on appeal).
Co-led two separate trial teams obtaining 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-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.
Advised Helsinn Healthcare as lead counsel in defeating two PGR petitions relating to Helsinn’s Aloxi® drug franchise.
Representing Boehringer Ingelheim in connection with BPCIA litigation relating to its proposed biosimilar version of Humira®.
Defending Mitsubishi Tanabe Pharma Corporation in Hatch-Waxman litigation involving challenges to its first-in-class Invokana® diabetes medication.
Advising numerous companies regarding anticipated challenges to their small-molecule and biologic drug products.
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 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.
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)

Rankings & Awards

Law360 Practice Group of the Year Awards for 2017: Life Sciences
Paul Hastings was named as a Practice Group of the Year in Life Sciences by Law360.

The article noted Paul Hastings’ undefeated track record in life sciences cases at the Patent Trial and Appeal Board, including victories on behalf of Acorda Therapeutics, which won four inter partes reviews against Kyle Bass’ Coalition for Affordable Drugs. Law360 also highlighted the representation of Galena Biopharma in a civil-only settlement resolving investigations regarding Galena’s past promotional practices for Abstral, a rapid onset opioid product.

The winners were chosen from nearly 750 submissions, and are recognized as "firms that racked up victories in litigation and closed the big deals to make their mark among clients and throughout the legal industry."

February 01, 2018

LMG Life Sciences Stars for 2017
Paul Hastings was recognized in the 2017 edition of LMG Life Sciences, with Highly Recommended rankings for General Patent Litigation and Hatch-Waxman Branded Litigation. LMG Life Sciences selected seven individual lawyers as "Life Sciences Stars," including Joseph O’Malley, Bruce Wexler, Gerald Flattmann, Naveen Modi, Chad Peterman, Eric Dittmann, and Gary Giampetruzzi.
October 06, 2017

LMG Life Sciences Stars for 2016
Paul Hastings was recognized in the 2017 edition of LMG Life Sciences, with Highly Recommended rankings for General Patent Litigation and Hatch-Waxman Branded Litigation. LMG Life Sciences selected six individual lawyers as "Life Sciences Stars," including Joseph O’Malley, Bruce Wexler, Gerald Flattmann, Gary Giampetruzzi, Naveen Modi, and Eric Dittmann.
November 30, 2016

2016 LMG Life Sciences Awards

Paul Hastings was recognized with multiple LMG Life Sciences Awards. Bruce Wexler was named “General Patent Litigator of the Year – New York” and Naveen Modi was recognized as “Post Grant Proceedings Attorney of the Year.”

The Life Sciences Patent Litigation practice also won awards for two Hatch-Waxman Impact Cases of the Year, including Helsinn Healthcare SA et al. v. Teva Pharmaceuticals USA Inc. et al., a win resolving a long-running patent dispute over Aloxi®, a drug used to treat chemotherapy-induced nausea and vomiting. The Paul Hastings team representing Helsinn was led by Joseph O’Malley. The firm was also honored for its work on behalf of Eli Lily in Sanofi-Aventis US LLC et al. v. Eli Lilly & Co., where Bruce Wexler led the team representing Eli Lily in litigation regarding the marketing of Basaglar®, its insulin glargine drug product. The case was settled in late 2015, with the press reporting Eli Lilly’s ability to launch the drug

September 16, 2016

LMG Life Sciences Awards 2016

The Firm was shortlisted in four categories for the 2016 LMG Life Sciences Awards, which will be held on September 14 in New York.

Joseph O’Malley was nominated in the “Hatch-Waxman Litigator of the Year – Branded” category, Bruce Wexler was nominated in the “General Patent Litigator of the Year - New York” category, Naveen Modi was nominated in the “Post Grant Proceedings Attorney of the Year” category, and the Firm was nominated in the “Hatch-Waxman Litigation Firm of the Year – Branded” category.

July 27, 2016

Law360 Rising Star in Life Sciences
Eric Dittmann was recognized by Law360 as a rising star in its annual list of top attorneys in Life Sciences.
March 30, 2015

Legal Media Group's 2013 LMG Life Science Awards
The firm was nominated as a 2013 LMG Life Science nominee in the “Litigation Team of the Year” and “(General) Patent Litigation: Firm of the Year” categories.
August 12, 2013

Intellectual Property Magazine
Intellectual Property Magazine recognized Paul Hastings' IP Pharmaceutical Team as the Pharmaceutical Team of the Year.
November 30, 2010

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