Pharmaceuticals & Chemicals - Practice Areas - Fitzpatrick, Cella, Harper & Scinto

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Nowhere is patent protection more important than in the pharmaceutical industry. Our pharmaceutical patent practice is second to none, and we have a concentration of pharmaceutical patent expertise envied by our competitors. We represent many of the world's major pharmaceutical companies, including Astellas, AstraZeneca, Bausch & Lomb, Bristol-Myers Squibb, GlaxoSmithKline, Kyowa Hakko, Merck, Novartis, Sankyo, Sanofi-Aventis and UCB.

These clients repeatedly entrust us with cases involving their most valuable intellectual property, the patents on blockbuster drugs that are vital to their continued growth. We have been involved in representing branded pharmaceutical companies in defending against generic challengers for more than 20 years and we believe that we have handled more ANDA-based litigations than any other firm. We have advised clients, not only on responding to an ANDA challenge after one is received, but also in preparing well in advance to meet such challenges. We have litigated patents in virtually every field of medicine, including such diverse subjects as anti-infectives, antipsychotics, oncologics, cardiovascular drugs, fertility control, hormone replacement, anti-ulcer drugs, antiinflammatories, anti-epileptics and anti-virals. Our staff of lawyers have experience and training in all aspects of chemistry and pharmaceuticals.

Related Information

Representative Cases

Astrazeneca Pharmaceutical LP et al. v. Teva Pharmaceuticals USA, Inc, et al. D.N.J. 2008

Merck & Co., Inc. v. Apotex Inc., et al. D.N.J. 2007

Sanofi-Synthelabo, et al. v. Apotex Inc. S.D.N.Y. 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

UCB Societe Anonyme & UCB Pharma Inc. v. Mylan Laboratories, Inc. et al N.D. GA 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

Eli Lilly and Company, et al. v. Teva Pharmaceuticals USA, Inc. S.D. Indiana 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

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

Warner-Lambert Company v. Teva Pharmaceuticals USA D.N.J. 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

In re Omeprazole Patent Litigation S.D.N.Y. 2002

Warner-Lambert Co. v. Teva Pharmaceuticals USA, D.N.J. 2002

AstraZeneca AB, et al. v. Mutual Pharmaceutical Co., Inc. E.D.Pa. 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

Allergan v. Bausch & Lomb and Alcon C.D. Cal., 2002

Housey Pharmaceuticals v. Bristol-Myers Squibb Co. D.Del 2002

Yamanouchi Pharmaceutical Co., Ltd. v. Danbury Pharmacal, Inc. Fed. Cir. 2000

Bausch & Lomb, Inc. v. Alcon Laboratories, Inc. W.D.N.Y. 1999

Grain Processing Corp. v. American Maize-Products Co. Fed. Cir. 1998

Publications

Hatch-Waxman Safe Harbor Construed in 'Merck v. Integra' The New York Law Journal
July 8, 2005

Doctrine of Inherent Anticipation is Clarified The National Law Journal
December 8, 2003

Enablement in the Spotlight The National Law Journal
June 16, 2003

Events

Highlighting In-Depth Interference Practices, Patent Life Cycle Management and Litigation Tactics IQPC's 2nd Annual Patent Strategies for the Pharma, Biotech and Medical Device Industries
July 15-16, 2008

Best Practices for Evaluating Your Infringement Risk and Interpreting the Claims C5's 5th Annual International Freedom to Operate Forum
June 10, 2008

Bioequivalence: What Lawyers Need to Know American Conference Institute’s FDA Boot Camp: Basic Training for Products Liability and Patent Lawyers
May 30, 2008

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

Declaratory Judgment Jurisdiction and Covenants Not to Sue in Hatch-Waxman Cases 8th Annual Maximizing Pharmaceutical Patent Life Cycles Conference
October 24, 2007

Where Pharmaceutical Science and Patent Law Battle: Polymorphs and the Solid State D.C. Bar Intellectual Property Law Section
March 20, 2007

Latest Legislative and Judicial Updates Impacting US Pharma Industry 5th Annual Pharmaceutical Patent Life Cycles Conference
January 20, 2006

Hatch-Waxman Update: (I) Declaratory Judgment Actions, and (II) In re Petering 6th Annual Conference Maximizing Pharmaceutical Patent Life Cycles
October 18, 2005

Claim Construction of Pharmaceutical Patents 4th Annual Pharmaceutical Patent Life Cycle Conference
April 19, 2005

Best Practices for Litigating Polymorph and Pharmaceutical Patent Cases 3rd Annual Polymorphism & Crystallization Conference
November 15-17, 2004

Exclusivity and FDA Barriers to Market Entry in the U.S. EuroLegal Conference - 3rd Annual Pharmaceutical Patent Life Cycles
July 5-6th, 2004

Medicare Prescription Drug, Improvement, and Modernization Act of 2003 Law Seminars International program: Running the Race with Biotechnology
May 3-4, 2004

Best Practices in Pharmaceutical Patent Litigation Polymorphism & Crystallization Forum 2004: Science, Technology & Intellectual Property
April 26, 2004

Changes in Patent Practice Brought About By the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 Law Seminars International Program:Running the Race with Biotechnology
March 8-9, 2004

Invoking a Patent Challenge: Paragraph IV Certifications and Beyond 4th National Maximizing Pharmaceutical Patent Life Cycles Conference
January 27, 2004

Strategies For Licensing Your Way Out of Trouble American Conference Institute
November 11, 2003

Developments In Patent Law: Written Description and Best Mode National Forum on Biotechnology and Pharmaceuticals Conference
April 8, 2003

Exclusivity: Who Can Stay and Who Can Play Legal Strategies for Maximizing Pharmaceutical Patent Life Cycles Conference
April 1, 2003

In The News

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 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 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 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

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America Best Lawyers in America
2003-2004

Fitzpatrick Elects Three New PartnersJanuary 1, 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

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

Four Partners Nominated to the International Who's Who of Business Lawyers2001

California Office Relocates to Larger Quarters2001

Charles P. Baker Elected as Chair of the American Bar Association's Intellectual Property Law Section2001

Robert L. Baechtold Elected President-elect of the Federal Circuit Bar Association2001

Bob Baechtold Named "THE BEST OF THE BEST 2000"2000