Professional Experience

Dominick A. Conde is active in all aspects of the firm's patent practice, focusing particularly on large-scale litigation matters related to chemistry, pharmaceuticals and pharmaceutical devices and diagnostics. Specific technologies that Mr. Conde has worked with include chemotherapy agents, anti-viral agents, expectorants, anti-bacterial agents, anti-histamines, anti-hypertension agents, filtration devices, writing instruments and fire fighting apparatus. Clients Mr. Conde has represented include Adams Respiratory, Bristol-Myers Squibb, Reckitt-Benckiser, Daiichi Sankyo, Eli Lily & Co., Warner Chilcott, Sanofi-Aventis, Sepracor, and Reliable Sprinkler Company, primarily as lead trial counsel.  

His patent litigations include representing:  

• Sanofi-Aventis against Sandoz Inc., et al. on a patent relating to Eloxatin® a treatment option for stage III colon cancer and advanced colorectal cancer.
  
  
• Daiichi Sankyo against generic drug maker Mylan Pharmaceuticals in a Hatch-Waxman lawsuit concerning Daiichi Sankyo’s Benicar® family of high blood pressure medicines.
  
  
• Daiichi Sankyo against Apotex on a patent covering Evoxac® for the treatment of dry-mouth symptoms.
  
  
• Warner Chilcott against multiple defendants on a patent relating to Doryx®, a broad-spectrum tetracycline antibiotic.
  
  
• Warner Chilcott against Barr Laboratories and Watson Pharmaceuticals on patents relating to Warner Chilcott's Femcon Fe® chewable oral contraceptive.
  
  
• Defending Entegris against infringement allegations relating to filtration technology.
  
  
• Reckitt Benckiser against Tris Pharmaceuticals concerning patents relating to Delsum®, a 12-hour cough suppressant.
  
  
• Sepracor Pharmaceuticals against Sandoz Inc., et al. on patents relating to Clarinex®, an allergy medication.
  
  
• Adams Respiratory against multiple defendants on patents relating to Adams' highly successful Mucinex® product.
  
  
• KOS Pharmaceuticals against Barr Laboratories on patents covering KOS’ niaspan anti-cholesterol drugs.
  
  
• Bristol Myers against Teva Pharmaceuticals regarding patents covering Bristol’s anti-bacterial agent gatifloxacin.
  
  
• Eli Lilly against Teva Pharmaceuticals on patents involving Lilly's highly successful product Sarafem®, which is used to treat Prementrual Dysphoric Disorder (PMDD), a severe form of PMS.
  
  
• Warner Chilcott against KV Pharmaceuticals on a patent covering pregnancy vitamins.
  
  
• Bristol-Myers against Rhone-Poulenc Rorer on patents relating to semi-synthetic process technology for making Taxol®.
  
  
• Dixon Ticonderoga against Dri Mark Products in patents involving metallic inks used in writing instruments.
  
  
• American Maize Products against Grain Processing Corp. on patents relating to maltodextrin food additives.
  
  
• Bausch & Lomb against Alcon Laboratories on technology regarding contact lens disinfectants. 
  
  
• Exxon against Lubrizol regarding motor oil additives.

Mr. Conde formerly served as the firm's Managing Partner and is currently on the firm's Management Committee.

Awards and Recognition

Mr. Conde was listed as a Top New York City Intellectual Property Litigator in the 2006, 2007, 2008, and 2009 issues of Super Lawyers: New York Metro Edition. He is also listed as a Leading Lawyer in Patent litigation: full coverage in Legal 500 2008 and 2009.

For information on the selection processes, see:

Super Lawyers
Legal 500

Education

J.D., Franklin Pierce Law Center, 1990
B.S. Mechanical Engineering, Rensselaer, Polytechnic Institute, 1982

Bar Admissions

State of New York, 1991; U.S. Court of Appeals for the Federal Circuit; U.S. District Courts for the Southern, Eastern and Western Districts of New York; U.S. Patent and Trademark Office

Professional Activities

American Bar Association; New York Bar Association; Federal Circuit Bar Association; New York Intellectual Property Law Association

Related Information

Representative Cases

Adams Respiratory Therapeutics, Inc et al v. Perrigo Company et al.
Fed Cir. 2010

Sanofi-Aventis U.S. LLC, Sanofi-Aventis, and Debiopharm S.A. v. Sandoz, Inc. et al.
Fed. Cir. 2009

Daiichi Sankyo Company, Ltd., et al. v. Mylan Pharmaceuticals, Inc. et al.
D.N.J., 2009

Adams Respiratory Operations, Inc. v. Mutual Pharmaceutical Co., et al.
E.D.Pa. 2007

Eli Lilly and Company, et al. v. Teva Pharmaceuticals USA, Inc.
Fed. Cir. 2005

Eli Lilly and Company, et al. v. Teva Pharmaceuticals USA, Inc.
S.D. Indiana 2004

Bristol-Myers Squibb Company v. Rhone-Poulenc Rorer, Inc. et. al.
Fed. Cir. 2003

Bristol-Myers Squibb Company v. Rhone-Poulenc Rorer, Inc.
S.D.N.Y 2002

Dri Mark Products, Inc. v. National Ink, Inc. and Dixon Ticonderoga Co.
S.D.N.Y. 2002

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

Publications

Extending the 30-Month FDA Stay in an ANDA Litigation
Fitzpatrick Case Update
July 9, 2009

Events

Navigating the Challenges of ANDA Disputes
Law 360
July 28, 2009

In The News

Nine Fitzpatrick Partners Named As Top New York Intellectual Property Litigators in the 2009 issue of Super Lawyers: New York Metro Edition
Super Lawyers: New York Metro Edition
October 2009

Nine Fitzpatrick Partners Named As Top New York Intellectual Property Litigators in the 2008 issue of Super Lawyers: New York Metro Edition
Super Lawyers: New York Metro Edition 2008
October 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 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

Press Releases

Fitzpatrick Cella Successfully Defends Blockbuster Drug Benicar®
August 7, 2009