Eric Stops's practice focuses on pharmaceutical patent litigation on behalf of innovator pharmaceutical companies. His recent representations include litigations concerning:
- Abraxane® (a treatment for pancreatic and breast cancers);
- Korlym® (a treatment for hyperglycemia in patients with Cushing’s syndrome);
- Narcan® (a treatment for narcotic overdose);
- Nuedexta® (a treatment for pseudobulbar affect);
- Qsymia® (a drug for chronic weight management in overweight or obese adults);
- Pomalyst® (a treatment for multiple myeloma);
- Revlimid® (a treatment for several blood cancers);
- Stendra® (a treatment for erectile dysfunction);
- Thalomid® (a treatment for leprosy and multiple myeloma); and
- Xyrem® (a treatment for excessive daytime sleepiness and cataplexy in patients with narcolepsy).
His prior representations include litigations involving Altace® (an ACE inhibitor); Avinza® (an extended release morphine sulphate pain reliever); Fazaclo® (a treatment for schizophrenia); Letairis® (a treatment for pulmonary arterial hypertension); Lotronex® (a female irritable bowel syndrome treatment); MiraLax™ (a stool softener); Namenda® and Namenda XR® (Alzheimer's disease treatments); Niravam® (a treatment for certain anxiety and panic disorders); Prefest® (birth control pill); Skelaxin® (a muscle relaxant); Sonata® (a non-benzodiazepine sedative); Univasc® and Uniretic® (ACE inhibitors); and Veralan PM® (an antihypertensive). Eric has also litigated patent cases involving industrial chemical compositions and medical devices.
In addition to litigation, Eric’s practice includes counseling clients regarding FDA issues; patent portfolio evaluation; and the preparation of opinions concerning the patentability of inventions, validity of patents, and freedom-to-operate for prospective technologies. His practice also involves the development of licensing strategies and the negotiation and preparation of agreements.
Before joining the firm, Eric was a Partner in the New York office of Jones Day.
- Avanir Pharmaceuticals, Inc.
- Celgene Corporation
- Corcept Therapeutics
- Incyte Corporation
- Jazz Pharmaceuticals, Inc.
- Odonate Therapeutics
- Radius Health
- Represented Jazz Pharmaceutics, Inc. in Hatch-Waxman actions relating to its Xyrem® (sodium oxybate) drug product against nine generic drug companies. All of the actions settled favorably for Jazz with the last settlement taking place in October 2018.
- Represented Gilead Sciences in two Hatch-Waxman actions relating to its Letairis® (ambrisentan) drug product. Both actions settled favorably for Gilead in July 2017.
- Represented Vivus in a Hatch-Waxman action relating to its Stendra® (avanafil) drug product. This action settled favorably for Vivus in 2017.
- Won bet-the-company Hatch-Waxman litigation on Nuedexta® (dextromethorphan and quinidine) for Avanir Pharmaceuticals, Inc. against five generic challengers. The district court’s opinion was upheld by the Federal Circuit in August 2015 by a unanimous Rule 36 affirmance.
- Represented Gilead Sciences an antitrust action brought by a generic company seeking to force Gilead to provide samples of its drug product for use in bioequivalence studies. In 2015, the District of Minnesota granted Gilead’s motion to dismiss all claims against Gilead.
- Represented Celgene Corporation in a Hatch-Waxman action relating to its Revlimid® (lenalidomide) drug product against defendant Watson Laboratories. This action settled favorably for Celgene in 2015.
- Represented Celgene Corporation in an Inter Partes Review (“IPR”) challenging a patent covering the active ingredient in Celgene’s Revlimid® (lenalidomide) drug product. Successfully convinced the USPTO to deny institution of the IPR in 2015.
- Represented Celgene Corporation in two Hatch-Waxman actions relating to its Istodax® (romidepsin) drug product. These actions settled favorably for Celgene in 2015.
- Obtained favorable settlements for Jazz Pharmaceuticals, Inc. in a Hatch-Waxman action related to its Fazaclo® (clozapine) product against Novel Laboratories and Mylan Inc.
- Obtained favorable settlements for King Pharmaceuticals, Inc. in a Hatch-Waxman action related to its Avinza® (morphine sulfate) product.
- Obtained favorable settlements for Merz Pharmaceuticals GmbH & Co. in a multi-defendant Hatch-Waxman action related to its Namenda® (memantine HCl) product.
- Represented Celgene Corporation in a Hatch-Waxman action related to its Thalomid® (thalidomide) product. Following fact discovery, defendant withdrew its ANDA and the suit was dismissed.
- Represented King Pharmaceuticals in a series of Hatch-Waxman actions related to its Skelaxin® (metaxalone) product.
- Represented King Pharmaceuticals in a series of Hatch-Waxman actions related to its Altace® (ramipril) product.
- New York University School of Law
- State University of New York at Geneseo
(B.S., Biochemistry, magna cum laude, 1997)
- The State Bar of New York
- United States Court of Appeals:
- Federal Circuit
- United States District Courts:
- Northern, District of New York
- Southern District of New York
- Eastern District of New York
- Registered to Practice Before the United States Patent and Trademark Office
- Jones Day:
- Partner, 2009-2012
- Associate, 2004-2009
- Pennie & Edmonds:
- Associate, 2000-2003
- Named a Rising Star by Super Lawyers, 2012-2015
- Named a Patent Star by LMG Life Sciences, 2017
- Named a Super Lawyer in Intellectual Property and Intellectual Property Litigation by Super Lawyers, 2019