Jeffrey Alan Hovden

Partner

JHovden@RobinsKaplan.com

New York

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)

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)