From its inception, our firm has handled complex domestic and international intellectual property litigation encompassing patents, trademarks, copyrights, trade dress, unfair competition, trade secrets and antitrust issues. We have successfully litigated literally hundreds of patent and trademark disputes on a wide array of products and services spanning virtually every segment of modern industry and commerce—from technologies concerning anti-cancer drugs to computer hardware, specialty chemicals to fiber optics, and shaving gel to sporting equipment. We have appeared in federal and state courts throughout the country, before the United States International Trade Commission, and the Court of Appeals for the Federal Circuit, and were among the first to handle Internet domain name disputes under the ICANN arbitration procedure.
We believe that outside counsel should work closely with the client's in-house legal staff on all aspects of the litigation process—from the initial decision on whether to bring suit, through discovery, trial and appeal—including setting and monitoring litigation budgets. And, if it is in the client's best interest, we endeavor to avoid litigation, settle or pursue alternative dispute resolution. We embrace the latest technology and case management techniques to enable us to provide our services more efficiently. Our aim is to maximize benefits and minimize costs to the client.
To best serve our clients' individual needs, we staff each matter with an appropriate blend of legal and scientific expertise. Many of our over 90 litigation attorneys have acted as lead counsel in major jury and bench trials, and most also hold degrees in a broad range of scientific disciplines. Our litigators include former members of the staff of the United States International Trade Commission, as well as former law clerks from the United States Court of Appeals for the Federal Circuit and other courts.
Related Information
Representative Cases
Canon Inc v. GCC International Limited, et al. Fed. Cir. 2007
Merck & Co., Inc. v. Apotex Inc., et al. D.N.J. 2007
Kargo Global, Inc. v. Advance Magazine Publishers, Inc. S.D.N.Y. 2007
Sanofi-Synthelabo, et al. v. Apotex Inc. S.D.N.Y. 2007
Nano-Proprietary, Inc. v. Canon Inc. and Canon U.S.A., Inc. W.D. Tx. 2007
Merck & Co, Inc. v. Hi-Tech Pharmacal Co., Inc. Fed. Cir. 2007
Adams Respiratory Operations, Inc. v. Mutual Pharmaceutical Co., et al. E.D.Pa. 2007
Astellas Pharma Inc., et al. v. Ranbaxy Inc., et al D.N.J. 2007
Sanofi-Synthelabo, Sanofi-Synthelabo Inc. and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership v. Apotex Inc. and Apotex Corp. Fed. Cir. and S.D.N.Y 2006
Canon Inc. v. GCC International Limited, et al. S.D.N.Y. 2006
UCB Societe Anonyme & UCB Pharma Inc. v. Mylan Laboratories, Inc. et al N.D. GA 2006
Fair Isaac Corp. v. IBM Corp. / IBM Corp. v. Fair Isaac Corp. D. Minn. 2006
Sky Technologies LLC v IBM Corporation E.D. Tx. 2006
Teva Pharmaceuticals USA, Inc. v. Novartis D.N.J. 2005
Mylan Pharmaceuticals Inc. v. Merck & Co., Inc. M.D. PA 2005
Eli Lilly and Company, et al. v. Teva Pharmaceuticals USA, Inc. Fed. Cir. 2005
Pfizer, Inc. and Warner-Lambert Company v. Ranbaxy Pharmaceuticals and Teva Pharmaceuticals D.N.J. 2005
Shalom Ohayon v. AT & T Corp, et al. E.D.N.Y. 2005
The Bear Partnership and Wings Research and Development, S.r.L. v. Bear U.S.A., Inc. Trademark Trial and Appeal Board 2004
Federal-Mogul Corp. and Felt Products Mfg. Co. v. ElringKlinger AG D.N.J. 2004
Eli Lilly and Company, et al. v. Teva Pharmaceuticals USA, Inc. S.D. Indiana 2004
Tanning Research Laboratories, Inc. v. Johnson & Johnson Trademark Trial and Appeal Board 2004
SmithKline Beecham Corporation v. Teva Pharmaceuticals USA, Inc. D.N.J. 2004
The Regents of the University of Michigan and Repligen Corp. v. Bristol-Myers Squibb Fed. Cir. 2004
Warner-Lambert Company v. Teva Pharmaceuticals Inc. D.N.J. 2004
Novartis Pharmaceuticals Corp. v. Apotex Corp. S.D.N.Y. 2004
Vision-Ease Lens, Inc. v. Essilor International S.A. D. Minn. 2004
Housey Pharmaceuticals v. Bristol-Myers Squibb Co. Fed. Cir. 2004
University of Rochester v. G.D. Searle and Co., Inc., Pfizer Inc., Monsanto Co., and Pharmacia Corp. Fed. Cir. 2004
Knorr-Bremse v. Dana Corp. Fed. Cir. 2004
Warner-Lambert Company v. Teva Pharmaceuticals USA D.N.J. 2003
Federation Internationale de Football Association v. Nike Inc. D.C.C. 2003
The Regents of the University of Michigan and Repligen Corp. v. Bristol-Myers Squibb Co. E.D. Mich. 2003
AstraZeneca AB, et al. v. Mutual Pharmaceutical Co., Inc. E.D.Pa 2003
Bristol-Myers Squibb Company v. Rhone-Poulenc Rorer, Inc. et. al. Fed. Cir. 2003
University of Rochester v. G.D. Searle & Co., Inc., Pfizer Inc., Monsanto Co., and Pharmacia Corp. W.D.N.Y. 2003
Masterfoods USA v. Arcor USA, Inc. W.D.N.Y. 2002
In re Omeprazole Patent Litigation S.D.N.Y. 2002
Warner-Lambert Co. v. Teva Pharmaceuticals USA, D.N.J. 2002
Novo Nordisk A/S et al. v. Becton Dickinson Fed. Cir. 2002
AstraZeneca AB, et al. v. Mutual Pharmaceutical Co., Inc. E.D.Pa. 2002
Bristol-Myers Squibb Company v. Rhone-Poulenc Rorer, Inc. S.D.N.Y 2002
Schwartz Pharma Inc., Schwartz Pharma AG and Warner-Lambert Co. v. Teva Pharmaceuticals USA D.N.J. 2002
FTAP Holdings, Inc. et.al. V. OWL Pharmaceuticals LLC et.al. N.D. Ohio 2002
Dri Mark Products, Inc. v. National Ink, Inc. and Dixon Ticonderoga Co. S.D.N.Y. 2002
Datapoint Corporation v. Standard Microsystems Fed. Cir. 2002
Allergan v. Bausch & Lomb and Alcon C.D. Cal., 2002
Housey Pharmaceuticals v. Bristol-Myers Squibb Co. D.Del 2002
Nabisco v. Warner-Lambert Co. 2d Cir. 2000
Advance Magazine Publisher’s, Inc. d/b/a/The Conde Nast Publications, Inc. v. Vogue Int’l, Inc. D.N.J. 2000
Yamanouchi Pharmaceutical Co., Ltd. v. Danbury Pharmacal, Inc. Fed. Cir. 2000
Bear U.S.A., Inc. v. William Kim, et al. S.D.N.Y. 1999
General Electric Co. v. Nintendo Co., Ltd. Fed. Cir. 1999
Bausch & Lomb, Inc. v. Alcon Laboratories, Inc. W.D.N.Y. 1999
Brandwynne v. Combe International S.D.N.Y. 1999
Canon Computer Systems, Inc. v. Nu-kote Int'l, Inc. Fed. Cir. 1998
Grain Processing Corp. v. American Maize-Products Co. Fed. Cir. 1998
Hershey Foods Corp. v. Mars, Incorporated M.D.Pa 1998
Publications
Patent Enforcement: Licensing and Litigation Considerations IP Value 2008
2008
Tur joins YouTube class action after judge dismisses suit World Copyright Law Report
November 15, 2007
To Sue or Not to Sue: Risks of Unlocking Value Through Patent Litigation Intellectual Property & Technology Law Journal
September 2007
A sea change in wilful infringement Intellectual Asset Management
October/November 2007
When the Models Rule and Court Decisions Clash The Brief
Summer 2007
Litigation Planning For Licensing Lawyers Advanced Licensing Agreements
March 30, 2007
Injunctions for patent infringement after the eBay decision Intellectual Asset Management
February 2007
High court to rule on territorial reach of patents The National Law Journal
January 22, 2007
Injunctions After 'ebay': Is the Specter Still Real? Law.com
November 9, 2006
Extraordinary Remedies in US Patent Litigation Intellectual Asset Management
February 2006
Hatch-Waxman Safe Harbor Construed in 'Merck v. Integra' The New York Law Journal
July 8, 2005
Effect of 'Knorr-Bremse' on Decisions to Rely on Opinion of Counsel The New York Law Journal
May 12, 2005
Software Patent Damages for Foreign Sales: An Update The Computer & Internet Lawyer
December 2004
Patent Locally, Win Damages Globally IP Law & Business
August 2004
Software Patent Damages for Foreign Sales: Have The District Courts Gone Too Far? The Computer & Internet Lawyer
July 2004
Dictionaries and Claim Construction New York Law Journal
January 9, 2004
Doctrine of Inherent Anticipation is Clarified The National Law Journal
December 8, 2003
Patent Forseeability in the Wake of Festo 2003: The Year in Review Findlaw Corporate Counsel Center
December 2003
Enablement in the Spotlight The National Law Journal
June 16, 2003
Supreme Court Tightens Trademark Law Managing Intellectual Property
May 2003
How to Simplify Your Complex US Litigation Managing Intellectual Property
February 2003
Will Supreme Court Accept Invitation on Post-Expiration Royalties? New York Law Journal
December 2, 2002
The Commercial Offer Prong of the On-Sale Bar, After Pfaff IP Litigator
September 2002
The New Patent Statute: First Inventor Defense Patent Strategy & Management
June 2000
Events
Managing the Risks Associated with Injunctions and At-Risk Launches During Litigation and Appeal American Conference Institute’s 2nd Annual Paragraph IV Disputes: Expert Insights on Hatch-Waxman Litigation Strategies for Brand Names and Generics
May 1, 2008
ABA Intellectual Property Law Conference American Bar Association
April 10, 2008
Patent Exhaustion: A Comparative Analysis Fordham Law School’s 16th Annual Conference on Intellectual Property Law & Policy
March 28, 2008
Litigation Planning for Licensing Lawyers Practicing Law Institute
March 28, 2008
When the Model Rules and Court Decisions Clash: Should There be an Investigative Exception for Certain Misrepresentations? ABA's Tort Trial and Insurance Practice Section's Emerging Litigation and Regulatory Developments in Insurance Law – A Symposium
November 8, 2007
Declaratory Judgment Jurisdiction and Covenants Not to Sue in Hatch-Waxman Cases 8th Annual Maximizing Pharmaceutical Patent Life Cycles Conference
October 24, 2007
The Use of Reexamination As a Litigation Tactic AIPLA 2007 Spring Meeting
May 9-11, 2007
Unlocking IP Value: What Every Corporate Patent Practitioner Should Know 22nd Annual ABA Intellectual Property Law Conference
April 13, 2007
Litigation Planning for Licensing Lawyers Practicing Law Institute
March 30, 2007
Intellectual Property and Due Diligence Considerations for Prevention or Anticipation Litigation Patent Litigation and Protection
February 1, 2006
The Bounds of Damages AIPLA 2005 Spring Meeting
May 12, 2005
E-Patchwork: The Current State of the Law AIPLA 2005 Spring Meeting
May 12, 2005
Best Practices for Litigating Polymorph and Pharmaceutical Patent Cases 3rd Annual Polymorphism & Crystallization Conference
November 15-17, 2004
Process Patents and Enforcement With an Eye on Non-Disclosure of Trade Secrets 2004 AIPLA Spring Meeting
May 13-15, 2004
Putting Post-Grant Patent Opposition On Trial: A Litigator's Viewpoint 2004 AIPLA Spring Meeting
May 13-15, 2004
Best Practices in Pharmaceutical Patent Litigation Polymorphism & Crystallization Forum 2004: Science, Technology & Intellectual Property
April 26, 2004
Patent Litigation Hot Topics and Practical Tips 19th Annual ABA Intellectual Property Law Conference
April 1, 2004
Effective Conduct of IP Jury Trials NYIPLA CLE Program
March 26, 2004
What Every IP Lawyer Should Know About How to Conduct a Trial in the Digital Decade American Intellectual Property Law Association’s 2004 Mid-Winter Institute
January 28-31, 2004
Practical Tips for Jury Trials in Patent Cases 2004 AIPLA Mid-Winter Institute
January 2004
Has the Federal Circuit lived up to its purpose of providing uniformity and predictability in patent law? Benjamin N. Cardozo School of Law Conference
October 9, 2003
Federal Circuit Decisions Revisited Federal Circuit Bar Association's Fifth Bench and Bar Conference
May 24, 2003
Use of Prior Statements, Depositions and Corollary Proceedings: Searing Impeachment and Effective Rehabilitation 2003 AIPLA Spring Meeting
May 15, 2003
Update: Written Description and Enablement Issues NYIPLA CLE Luncheon
April 25, 2003
The Opinion of Counsel As Defense to Willful Infringement Intellectual Property Owners Annual Meeting
January 2003
Impact of the Decision to Waive Privilege in Litigation New York Intellectual Property Law Association, Fall CLE Program
November 22, 2002
Festo: To Be Measured By All That We Foresee Intellectual Property Institute of Canada
Fall 2002
Can a Patent Once Adjudicated to be Invalid be Resurrected? Annual Joint Patent Practice Seminar co-sponsored by the Philadelphia, Connecticut, New Jersey and New York Intellectual Property Law Associations
May 2, 2002
Conflicts in Federal Circuit Panel Decisions The Eleventh Annual Continuing Legal Education Program on Intellectual Property Law, Practice and Policy
December 7, 2001
In The News
Fitzpatrick Named as Leading New York Firm Practical Law Company's Which Lawyer? Yearbook
2008
Pharmaceutical IP Litigation Firm of the Year Managing Intellectual Property North American IP Awards
April 3, 2008
Fitzpatrick Ranked in Top Five in IP Today's Annual Survey Intellectual Property Today
March 2008
Fitzpatrick Listed as a Tier 1 Intellectual Property Firm in Chambers Global 2008 Chambers Global 2008
January, 2008
Nine Fitzpatrick Partners Named As Top New York Intellectual Property Litigators in the 2007 issue of Super Lawyers: New York Metro Edition Super Lawyers: New York Metro Edition 2007
September, 2007
Fitzpatrick Attorneys Featured in New York Magazine Profile New York Magazine
July 2-9, 2007
Fitzpatrick Named as Leading New York Firm PLC Which Lawyer Yearbook 2007
May 2007
Fitzpatrick Attorneys Featured in 2007 Who's Who Legal: Patent Who's Who Legal: Patent
2007
Fitzpatrick Listed as Tier 1 Intellectual Property Firm in Chambers Global 2007 Chambers Global 2007
January 2007
Fitzpatrick Listed as Top IP Firm with Five Mentions on Who Protects IP America Survey IP Law & Business
November 2006
Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2007 Best Lawyers in America 2007
October 2006
Two Fitzpatrick Lawyers Named Best of the Best 2006 The US Best of the Best
July 2006
Fitzpatrick Ranked #5 for Initiating Patent Litigation IP Law & Business
July 2006
Fitzpatrick Named as a Leading Firm in Chambers Global 2006 Chambers Global The World's Leading Lawyers for Business
2006
Fitzpatrick Ranked #7 Most Diverse Law Firm in New York The New York Law Journal's Book of Lists 2006
March 2006
Fitzpatrick Named as Leading New York Firm PLC Which Lawyer Yearbook 2006
February 2006
Fitzpatrick Named as a Leading Firm in Chambers Global 2006 Chambers Global
2006
Two New Fitzpatrick Partners Named in 2006January 1, 2006
Fitzpatrick Ranked Leading Firm in PLC Which Lawyer 2005/2006 PLC Which Lawyer 2005/2006
December 2005
Eight Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2006, The Most Listed for IP in New York Best Lawyers in America 2006
September 2005
Fitzpatrick Ranked in Band 1 in 2005 Chambers USA Survey Chambers USA: America's Leading Lawyers for Business
May 25, 2005
Seven Fitzpatrick Lawyers Included on List of Best IP Lawyers in America Best Lawyers in America
2005-2006
Fitzpatrick Ranked Leading Patent and Trademark Firm Managing Intellectual Property
March 2005
Fitzpatrick Lawyer Selected By Chambers USA As Leader In the Field of Intellectual Property Chambers USA
February 3, 2005
Fitzpatrick Receives 2004 MCCA Thomas L. Sager AwardNovember/December 2004
Fitzpatrick's Pharmaceutical Practice Highlighted in Crain's New York Business Article Crain's New York Business
September 27, 2004
Fitzpatrick Client, Novartis, Wins Consent Judgment in Lamisil® Litigation IP Law Bulletin
September 3, 2004
Fitzpatrick Ranked #4 In 2004 Diversity ScorecardJune 2004
Bob Baechtold Named Best of the Best 2004 Euromoney Expert Guide
April 2004
Fitzpatrick Ranked as Leading Firm in 2004 Chambers USA Survey Chambers USA: Leading Business Lawyers
April 21, 2004
Fitzpatrick Attorney Named To Top Global Counsel List Global Counsel 3000; Intellectual Property
2004-2005
Fitzpatrick Elects Three New PartnersJanuary 1, 2004
Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America Best Lawyers in America
2003-2004
Fitzpatrick Associate Featured in NYLJ Article New York Law Journal
December 12, 2003
Fitzpatrick Ranked # 10 In 2002 Diversity ScorecardDecember 2003
Fitzpatrick's Pharmaceutical Practice Highlighted in IP Law & Business ArticleNovember 2003
Partner Leisa M. Smith Receives The Network Journal's 40-Under Forty Achievement AwardJune 19, 2003
Fitzpatrick Announces Two New PartnersJanuary 1, 2003
Fitzpatrick Ranked As A Top U.S. Intellectual Property Law Firm Chambers Global: World's Leading Lawyers 2003 and Chambers USA: America's Leading Business Lawyers
2003-2004
Three New Fitzpatrick Partners Named 2002January 2002
Six Fitzpatrick Lawyers Ranked as World's Leading Patent Experts 2003 Guide to the World's Leading Patent Law Experts
2003
Partner Bob Baechtold Ranked a Tier 1 IP Lawyer in New York Chambers Global: World's Leading Lawyers 2003 and Chambers USA: America's Leading Business Lawyers 2003-2004
2003-2004
Fitzpatrick Receives 2002 MCCA Thomas L. Sager AwardOctober 16, 2002
Fitzpatrick Partner Speaks at Congressional HearingsJuly 11, 2002
Fitzpatrick #1 in NY For Initiating Patent Litigation IP Worldwide
May 2002
Robert L. Baechtold Voted Best of the Best 2002 Best of the Best
2002
Fitzpatrick, Cella Recognized for 20 Years of Service to Improving JusticeDecember 13, 2001
Charles P. Baker Appears Before the U.S. House of Representatives Subcommittee on Courts, The Internet, and Intellectual PropertyNovember 8, 2001
Four Partners Nominated to the International Who's Who of Business Lawyers2001
California Office Relocates to Larger Quarters2001
Robert L. Baechtold Elected President-elect of the Federal Circuit Bar Association2001
Bob Baechtold Named "THE BEST OF THE BEST 2000"2000
Press Releases
Fitzpatrick Prevails in Patent Infringement SuitJune 21, 2007
Fitzpatrick, Cella, Harper & Scinto Ranked #1 in Intellectual PropertyJune 18, 2007
Fitzpatrick Cella Announces Win in Trusopt® Patent-Infringement CaseApril 2, 2007
Fitzpatrick Cella Elects Five New PartnersJanuary 1, 2007
Fitzpatrick, Cella, Harper & Scinto Ranked #1 in IPJune 7, 2006
Fitzpatrick Commences Legal Action on Behalf of Clients Eisai Co. and Eisai Inc. Over Aricept ANDA FilingDecember 7, 2005
Fitzpatrick Commences Legal Action on Behalf of Client AstraZeneca Over Seroquel PatentNovember 14, 2005
Fitzpatrick, Cella, Harper & Scinto Receives Minority Corporate Counsel Association's Thomas L. Sager Diversity AwardOctober 28, 2004
Fitzpatrick Commences Legal Action on Behalf of Clients Wyeth and Altana Pharma Over Protonix ANDA FilingMay 25, 2004
Fitzpatrick Elects Three PartnersJanuary 5, 2004
Fitzpatrick, Cella Commences Legal Action on Behalf of Client Eisai Over Aciphex ANDA FilingsDecember 9, 2003
John D. Murnane Joins Fitzpatrick's Patent PracticeJune 2, 2003
Fitzpatrick Elects Two PartnersJanuary 6, 2003
Fitzpatrick Receives Thomas L. Sager Diversity AwardOctober 17, 2002
Area Leader/Chair: Scott K. Reed
ATTORNEYS IN THIS PRACTICE AREA
Partners
Robert L. Baechtold
Hugh C. Barrett, Ph.D.
Tara A. Byrne
Nicholas M. Cannella
John D. Carlin
Ronald A. Clayton
Dominick A. Conde
Donald J. Curry
Robert H. Fischer
Joseph M. Fitzpatrick
Bruce C. Haas
Edmund J. Haughey
Nicholas N. Kallas, Ph.D.
Timothy J. Kelly
Steven C. Kline
Brian L. Klock
Edward A. Kmett
John A. Krause
Leisa Smith Lundy
John D. Murnane
Warren E. Olsen
Lisa Barons Pensabene
Marc J. Pensabene
Filko Prugo
Pasquale A. Razzano
Jennifer A. Reda
Scott K. Reed
Henry J. Renk
Simon D. Roberts
Joshua I. Rothman
Michael P. Sandonato
Peter Saxon
Diego Scambia
Lawrence F. Scinto
Gregory B. Sephton, Ph.D.
Peter D. Shapiro
Douglas Sharrott
Nina Shreve
Brian V. Slater
William E. Solander
Lawrence A. Stahl
Colleen Tracy
Edward E. Vassallo
Ha Kung Wong
Associates
Leila Amineddoleh
Christopher V. Beckman
Stephen E. Belisle
Jonathan Berschadsky
Christopher P. Borello
Thomas Burns
Nicole A. Callahan, Ph.D.
Lucian C. Chen
Haiyan Chen, Ph.D.
Charles H. Chevalier
Robert J. Czarnecki, Jr.
Fiona E. Darkin
Joshua A. Davis
Ralph A. Dengler
Joseph B. Divinagracia
Michael R. Ertel
Michael Enzo Furrow Ph.D.
Thomas S. Gabriel
Joanna L. Garelick
Dennis Gregory
Vishal C. Gupta
Jessica Hiney
Swatee Jasoria
Jason E. Johnson
Troy A. Kennedy
John W. Kirkland
Dana Lau, Ph.D.
Steven Le
Jason A. Leonard
Jeffrey S. Levitt
Christopher E. Loh
Michael P. McGraw
Daniel J. Minion
Andres A. Munoz
Erica L. Norey
Todd M. Nosher
Brendan M. O'Malley, Ph.D.
Brian D. O'Reilly
Joseph P. Pieroni, Ph.D.
Thomas J. Puppa
Margaret A. Radzik
Herbert W. Rea
Alicia Russo
Robert S. Schwartz, Ph.D.
Sarah Sheldon Brooks
Jinny Suh
Jamar W. Tyndale
Kelly L. Wines
Lori A. Wolfe
Feng Xu, Ph.D.
Of Counsel
Charles P. Baker



