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Eric W. Dittmann

Partner, Litigation Department

ericdittmann@paulhastings.com

New York

Phone: 1(212) 318-6689
Fax: 1(212) 230-7829

Overview

Eric W. Dittmann is Global Co-Chair of the Intellectual Property practice at Paul Hastings, overseeing the firm’s 100-plus lawyer IP group. Eric has significant first-chair 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, Lawdragon, The Legal 500, IAM Patent 1000, Benchmark Litigation, LMG Life Sciences and Managing Intellectual Property.

Recognitions

  • Chambers USA, Intellectual Property: Patent in New York (2021-2024).
  • LMG Life Sciences, General Patent Litigator of the Year (2023)
  • Law360, Life Sciences MVP (2023)
  • The American Lawyer, Litigator of the Week (November 22, 2024).
  • Lawdragon, 500 Leading Litigators in America (2024).
  • IAM Patent 1000, ranked as one of the world’s leading patent practitioners (2018-2024).
  • Recognized in The Legal 500 (2021-2024).
  • Managing Intellectual Property, Shortlisted for Litigator of the Year: New York (2022-2023)
  • LMG Life Sciences, Life Sciences Star (2016-2024).
  • Managing Intellectual Property, Global IP Star (2020-2024).
  • Benchmark Litigation Guide,  Litigation Star and National Practice Area Star for Intellectual Property (2020-2024).
  • New York Law Journal, Trailblazers award (2019)
  • Law360, Two-time Legal Lion

Education

  • Seton Hall Law School, J.D. (summa cum laude), 2000 (Associate Editor, Seton Hall Law Review)
  • Rutgers University College of Engineering, B.S. in Mechanical Engineering (with High Honors), 1997

Representations

  • As lead counsel for Mitsubishi Tanabe, successfully conducted the first-ever Zoom Hatch-Waxman trial in the District of New Jersey, where all challenges to patents protecting Mitsubishi Tanabe’s blockbuster Invokana® diabetes medication were rejected.
  • As lead counsel for AbbVie on appeal, obtained precedent-setting ruling protecting first-filed, first-issued patents from obviousness-type double patenting challenges as well as reversing district court’s finding that patents protecting AbbVie’s Viberzi® drug product lacked written description support.
  • As lead counsel for L’Oréal USA, obtained a ruling that wiped out an infringement theory for all 130 L’Oréal USA products accused of infringement by the University of Massachusetts relating to patents covering methods of using adenosine.
  • As lead counsel for Mitsubishi Tanabe in an international arbitration involving the innovative drug product Gilenya®, obtained a final award directing that $2 billion in royalties be paid to Mitsubishi Tanabe and awarding more than $22 million in fees and costs.
  • As lead counsel for JSR Life Sciences, invalidated all asserted claims in a patent litigation brought by Cytiva relating to protein A purification technology.
  • As co-lead counsel for Viking Therapeutics, achieved a precedent-setting win in a Section 337 ITC investigation finding misappropriation of hundreds of trade secrets involving pharmaceutical formulations and clinical/preclinical information relating to NASH treatments.
  • As co-lead counsel for Helsinn Healthcare, prevailed in two separate trials relating to challenges to patents protecting Helsinn's Aloxi® antiemetic drug product brought by more than 20 generics in multiple courts, the last of which ultimately settled on favorable terms.  
  • 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. 
  • Served as co-lead counsel in obtaining walk-aways from six separate generics for Boehringer Ingelheim in Hatch-Waxman litigation involving its blockbuster Pradaxa® stroke medication.
  • Obtained a precedent-setting judgment of infringement and dismissal of all inequitable-conduct defenses in defending Sunovion’s Lunesta® franchise.
  • 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 Helsinn Healthcare’s lead counsel in defeating two PGR petitions relating to its Aloxi® drug franchise.
  • 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.

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    Recognitions

    insights

    Involvement

    • Judicial law clerk, the Honorable Alan D. Lourie, United States Court of Appeals for the Federal Circuit.
    • Member, 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.

    Practice Areas

    Litigation

    Patent Office

    Patent Litigation

    Appellate Litigation

    Intellectual Property

    Life Sciences and Healthcare

    Global Dispute Resolution Practice for Japanese Clients

    International Arbitration


    Languages

    English


    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