Michael P. McGraw

Michael P. McGraw


Partner, New York

Michael McGraw has led a team enforcing and defending a patent family around the world and has many relationships with counsel in those countries including Australia, Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Italy, Norway, Portugal, Romania, Russia, South Korea, Spain, Sweden, Switzerland, Turkey and the UK.  He focuses on knowing all the facts and details of the cases in which he is involved.  Mike practices intellectual property law including complex pharmaceutical patent litigation under the Hatch-Waxman Act relating to chemical, formulation and biochemical cases. Some of the subject matter that he has worked on include a wide variety of chemicals and pharmaceuticals, for example, substituted dihydropyridines, thrombin inhibitors, beta-blockers, vitamin and nutritional supplements and benzoazepines.

Prior to joining Fitzpatrick, Cella, Harper & Scinto, Mike worked as a patent liaison at Praxair, Inc. for over two years and Wyeth-Ayerst Research for over six years and has significant experience in formulation and dissolution chemistry.
Case Highlight
AstraZeneca Pharms. LP, et al. v. Anchen Pharms, Inc., et al.
Fed. Cir. (2013)

Counsel in a successful patent infringement trial for AstraZeneca against a number of generic drug companies regarding AstraZeneca's patent covering its very successful Seroquel XR® antipsychotic drug, in the Federal Circuit that obtained a per curiam affirmance of the district court judgment. Earlier, Mike was on the team for AstraZeneca in a patent infringement case against generic drug companies involving AstraZeneca's patent protecting its blockbuster Seroquel® antipsychotic drug. A district court summary judgment in AstraZeneca's favor was affirmed on appeal.
Representative Matters
  • Bausch & Lomb against GNC, Leiner, Alcon, Rexall, Contract Pharmacal, Perrigo and Rexall on a patent covering a nutritional supplement to treat Macular Degeneration.
  • AstraZeneca against Handa Pharma, Accord Healthcare, Biovail, Anchen, Mylan, Torrent Pharma, Osmotica Pharma on a patent covering SeroquelXR®, a treatment for psychotic disorders.
  • Daiichi Sankyo against Apotex and Sandoz on a patent covering Evoxac®, a treatment for symptoms of Sjögren's Syndrome.
  • AstraZeneca against Mutual Pharma on a patent for the formulation of Plendil®, a treatment for high blood pressure and angina products.
  • AstraZeneca against Eon Pharmaceuticals, KV Pharmaceuticals and Andrx Pharmaceuticals, a multi-district litigation on patents relating to Toprol-XL®, a treatment for high blood pressure.
Events / Publications