Jeffrey Alan Hovden

Experience

  • Practices in the area of patent litigation, with a focus on generic pharmaceutical patent cases under the Hatch-Waxman Act and within the biotechnology industry.
  • Has litigated numerous patent infringement and invalidity actions, including many cases involving top-selling worldwide prescription drugs for both generic and name-brand clients.
  • Routinely advises clients on their intellectual property portfolios and has extensive experience with the Food, Drug, and Cosmetic Act's drug-approval provisions and their attendant regulations; provides infringement, validity, and due diligence opinions.
  • Experienced with copyrights, particularly those involving functional works; counsels biotechnology clients regarding licensing matters.
  • Provides analysis of current legal issues facing the health and life sciences industry in the Robins Kaplan Trial Attorneys Blog

Representative Hatch-Waxman Litigations

Forest Laboratories, Inc. v. Torrent Pharmaceuticals Ltd. Represented client in litigation to bring generic Bystolic® (nebivolol) to market.  Recently settled for value for generic company.

SmithKline Beechman Corp. v. Pentech Pharmaceuticals, Inc. Represented client on generic Paxil® (paroxetine); seminal case led to demise of "universal seeding" tactic by name-brand companies. Settled for value. (Prior to joining Robins Kaplan LLP)

Warner Chilcott Laboratories Ireland Limited v. Impax Laboratories, Inc. Represented client in central portion of litigation, including critical claim-construction briefing and testimony portion, for generic Doryx® (doxycycline) antibiotic. Client prevailed at trial on non-infringement turning on claim construction. (Prior to joining Robins Kaplan LLP)

Lundbeck A/S/ v. Alphapharm Pty Ltd. Represented client to bring to market generic Lexapro® (escitalopram oxalate) anti-depressant. Leveraged settlement for value at spoliation hearing on eve of trial. (Prior to joining Robins Kaplan LLP)

UCB S.A. v. Mylan Inc. Defended client's right to sell generic Keppra® (laevetiracetam) anti-epileptic. Settled for value for client. (Prior to joining Robins Kaplan LLP)

AstraZeneca AB v. Genpharm Inc. Represented client in "first-wave" litigation to get client's generic Prilosec® (omeprazole) anti-ulcer drug to market. Invalidated strategic patents allowing client to waive exclusivity and gain value from competitor's entry. (Prior to joining Robins Kaplan LLP)

Genentech, Inc. v. Bio-Technology General (Israel) Ltd. Represented biologics company seeking to market a follow-on Humatropin® (somatropin) human growth hormone in an ITC proceeding. (Prior to joining Robins Kaplan LLP)

GlaxoSmithKline plc v. [various generic companies]. Protected the flagship GSK Zantac® (ranitidine HCI) franchise for a number of years. (Prior to joining Robins Kaplan LLP)

JDSupra Readers' Choice Top Author 2019
  • Member of the trial team that won “Hatch-Waxman Impact Cases of the Year” award, LMG Life Sciences (2016)
  • Named a "Top Author" by JD Supra (2016, 2019)
  • Harlan Fiske Stone Council of Columbia Law School, Member
  • Zen Studies Society, Board Member
Bar Admissions
  • New York
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Disrict Court, Eastern District of New York
  • U.S. District Court, Southern District of Florida
  • U.S. Supreme Court
Spoken Languages
  • Japanese
Education
  • Columbia University School of Law, J.D. (1993); Note Editor, Columbia Journal of Law & the Arts (1992-1993)
  • University of Minnesota, B.A. in Biology and Philosophy, minor in Japanese, summa cum laude, Phi Beta Kappa (1988)
Professional Associations
  • New York Intellectual Property Law Association
  • American Intellectual Property Law Association
  • LeGaL, the LGBT Bar Association of New York
  • Federal Circuit Bar Association

  • Media interviews on a variety of topics related to Hatch-Waxman litigation, both in print and on the radio.

  • How to Litigate Hatch Waxman Cases in the New Realities
    International IP Skills Summit, Hyderabad, India (August 14, 2019)
  • Patents From Tudor Monopolies to eBay Sort-Of Rights to Exclude
    International IP Skills Summit, Hyderabad, India (August 13, 2019)
  • IP Protection for Generic Drug Companies
    International IP Skills Summit (September 7, 2017)
  • Indias Creative 3d Patent Law and a Porcelain Doorknob How the US and India Implement Patent Policy
    Chandigarh Business Network: Fabulous Confabulations, Chandigarh, India (September 16, 2015)
  • 20 Years in Hatch Waxman Best Practices in US Pharma Litigation
    Chandigarh University, Chandigarh, India (September 15, 2015)
  • REMS Drug Samples Blockades The Ins and the Outs
    IPR Conclave & Awards (IPCA), Mumbai, India (September 10, 2015)

RESOURCES

Links to full publications and news releases.
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