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Eric Sonnenschein focuses in the area of patent litigation, with an emphasis on pharmaceutical and biological patents. He has litigated numerous cases at trial and on appeal, representing clients including Janssen Pharmaceuticals, Merck, Shire, and Warner Chilcott. His work is characterized by intellectual rigor, persistence, clarity in writing, and obtaining excellent results for clients.

  • Successful representation of Shire LLC in a series of Hatch-Waxman cases concerning Shire’s Adderall XR® product for the treatment of ADHD.
  • Successful representation of Omeros in ANDA case in trial before the District of Delaware concerning the Omidria® product, a combination drug product used in cataract surgery; the trial yielded a favorable settlement.
  • Successful representation of Warner Chilcott at trial and on appeal in Hatch-Waxman suit involving patent covering Lo Loestrin®, an oral contraceptive. (Obtained judgment upholding validity of the asserted patent after 7-day bench trial; that judgment was affirmed on appeal).
  • Successful defense of Warner Chilcott in district court and on appeal in patent infringement suit asserted by Bayer Pharma AG, obtaining summary judgment and affirmance on appeal that the patent asserted by Bayer against Warner Chilcott was invalid as indefinite.
  • Represented Warner Chilcott in trial involving Generess®, a chewable oral contraceptive product.
  • Successful representation of Janssen Pharmaceuticals at trial in Hatch-Waxman suit involving patent covering Ortho Tri-Cyclen® Lo, an oral contraceptive. (Obtained judgment upholding the validity of the patent-in-suit).
  • Successful defense of Merck in the International Trade Commission in a patent infringement matter involving Merck’s NuvaRing® product. (The Petitioner dropped case against Merck in the midst of the hearing).
  • Successful representation of Ortho-McNeil in Hatch-Waxman suit brought against Barr relating to a patent covering Ortho Tri-Cyclen® Lo. (Obtained preliminary injunction requiring product recall after Barr launched generic version of product at risk).
  • Representation of Wyeth in the District of Delaware in an ANDA case brought against Watson concerning Wyeth’s Lybrel® oral contraceptive product.
  • Representation of Validus in the District of Delaware in an ANDA case brought against Actavis concerning Validus’s Equetro® product for the treatment of bipolar disorder.

Mr. Sonnenschein has also litigated a variety of cases outside of the patent infringement context. Among such cases, he was centrally involved in successfully defending IBM’s cash balance plan against age discrimination claims in Cooper v. IBM Personal Pension Plan, 457 F.3d 636 (7th Cir. 2006).

Pro Bono

  • Representation of death-row inmate in Arizona state post-conviction proceedings.
  • Successfully represented low-income foster parents in competing adoption trial, as part of a six-month pro bono rotation at the Children’s Law Center. (The court granted foster parents’ adoption petition over competing petition of biological relative).
  • Successful representation of prison inmate in civil rights appeal raising issues under the Prison Litigation Reform Act. Spruill v. Gillis, 372 F. 3d 218 (3d Cir. 2004) (obtained reversal of dismissal of complaint on appeal).
  • Successful representation of transgendered individual seeking to obtain change to gender designation on Maryland birth certificate.