Robert L. Baechtold

Robert L. Baechtold

Of Counsel, New York

Robert (“Bob”) Baechtold is a founding partner of Fitzpatrick, Cella, Harper & Scinto.  With over 40 years of experience, Bob has prepared, tried, and argued intellectual property cases, serving as lead counsel on behalf of major international companies in the fields of pharmaceuticals, biotechnology, chemistry, and polymeric materials.  He is widely known as “an excellent patent litigator, especially in the pharmaceutical field” (Best Lawyers in America), “the dean of pharmaceuticals” (Chambers USA), “the greatest that ever was” in pharmaceutical patent litigation, a “top trial lawyer,” and “one of the best in the country.” (Chambers Global).

Additionally, Bob has argued numerous appeals before the Court of Appeals for the Federal Circuit and has served as President of that Court's Bar Association.  He has also served as a Board Member for the American Intellectual Property Law Association and the New York Intellectual Property Law Association and as President of the New Jersey Intellectual Property Law Association.

His passionate advocacy on behalf of his clients has been recognized through numerous accolades such as: IP Star (Managing Intellectual Property, 2013-15), New City Litigation – Patent Lawyer of the Year (Best Lawyers in America, 2014), New York Intellectual Property Lawyer of the Year (Best Lawyers in America, 2011), a leading individual in Tier 1 (Chambers USA, 2003-2015; Chambers Global 2003-2013), and a Tier 1 litigator (IAM Life Sciences 250 – The World’s Leading Life Sciences Patent Litigators, 2011).
Case Highlight
Yamanouchi Pharmaceutical Co., Ltd. v. Danbury Pharmacal, Inc.
Fed. Cir. (2000)

Bob defended client Yamanouchi Pharmaceutical in a patent infringement suit brought against a generic drug producer regarding the patent covering famotidine, an anti-ulcer drug marketed under the name PepcidR. This case was historic in that it was the first time a generic company was forced to pay attorney fees in an ANDA case. On appeal, the Federal Circuit affirmed the District Court's opinion in every respect.
What Others Say
  • “He has everything you need – he knows how to try cases, counsel and direct strategies.
  • “a top trial lawyer – he’s quick on his feet, elegant and thorough in presentation, possessing excellent judgment and tremendous gravitas”
Representative Matters
  • Bristol-Myers Squibb against The Regents of the University of Michigan and Repligen Corp. on patents relating to synthetic fusion proteins for regulating the immune system.
  • Bristol-Myers Squibb against Housey Pharmaceuticals on patents relating to cell based assays.
  • Bristol-Myers Squibb against Rhone-Poulenc Rorer, Inc. et. al. on patents relating to semi-synthetic process technology for making Taxol.
  • AstraZeneca against Andrx, Genpharm, Dr. Reddy and Schwartz Pharma on patents relating to omeprazole and its formulations.
  • Yamanouchi against Danbury Pharmacal on a patent relating to famotidine, an anti-ulcer drug.
  • Sanofi-Aventis and Bristol-Myers Squibb against Apotex, Dr. Reddy, Teva, Watson and Cobalt on patents covering clopidogrel bisulfate, a leading anti-thrombotic agent.
  • G.D. Searle and Pharmacia against the University of Rochester on patents relating to COX-2 inhibitors.
  • Merck against Hi-Tech Pharmacal and Apotex on patents relating to glaucoma medicines.
  • Bausch & Lomb against Alcon on patents relating to compositions for disinfecting contact lenses.
  • Emory University against GlaxoWellcome Inc and Biochem Pharma on patents relating to antiviral agents for the treatment of HIV.
  • UCB against Mylan, Dr. Reddy, Sandoz and Cobalt on patents relating to levetiracetam, a leading epilepsy medicine.
  • Astellas against Ranbaxy on patents relating to tamsulosin, used to treat phostatic hypertrophy.
  • Sankyo against Mylan on patents relating to olmesartan medoxomil, an anti-hypertensive.
  • S.C. Johnson & Son against Gillette and Carter-Wallace on a patent relating to Edge® gel shaving cream.
  • American Cyanamid against Eli Lilly on patents relating to the synthesis of cephalosporin.
  • Hoechst-Celanese against Allied Chemicals on patents relating to polyester tire yarns.
  • American Maize Products against Grain Processing Corp. on patents relating to maltodextrin food additives.
  • Novartis against Eon Laboratories and Abbott Laboratories on patents relating to cyclosporin formulations.
  • E.I. DuPont against Alzo on patents relating to Kevlar® fiber technology.
  • Cetus Corp. against Erbamont on patents relating to the synthesis of doxorubicin.
  • Novartis against Dr. Reddy on a patent relating to terbinafine, an anti-fungal agent.
  • Bristol-Myers Squibb against Beecham Group on patents relating to amoxicillan, a semi-synthetic penicillin.
  • Bristol-Myers Squibb against the United States and class action plaintiffs on patents and antitrust claims relating to ampicillin, a semi-synthetic penicillin.
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