Attorneys

Robert L. Baechtold Of Counsel, New York

Professional Experience

Robert L. Baechtold is one of the founding partners of Fitzpatrick, Cella, Harper & Scinto. He is the Chair of the firm’s Pharmaceuticals & Chemicals Litigation Group and a member of the firm's Management Committee.

Over the past 40 years, Mr. Baechtold has prepared, tried and argued intellectual property cases primarily in the fields of pharmaceuticals, biotechnology, chemistry and polymeric materials. He 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 appeared as lead counsel in litigation for Bristol-Myers Squibb, Warner-Lambert, Merck, Pharmacia, Astellas Pharma, GD Searle, Novartis, AstraZeneca, Sanofi-Aventis, UCB, Sankyo, Eisai, American Cyanamid, Takeda Chemical Industries, SC Johnson & Son, Hoechst Celanese, American-Maize Product, EI du Pont, Union Carbide and Bausch & Lomb.

Some of his patent litigations include representing:

  • 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.

Awards and Recognition

Mr. Baechtold was selected as a top intellectual property law practitioner in every edition since 1995 of Best Lawyers in America. He was listed as a leading individual in Tier 1 of the 2003-2004, 2005, 2006, 2007, 2008, and 2009 editions of Chambers USA: America’s Leading Lawyers for Business and the 2003, 2006, 2007, 2008, 2009, and 2010 editions of Chambers Global: The World’s Leading Lawyers for Business as “One of the best in the country.” He is listed in the current and past editions of Euromoney Magazine’s Guides to the Best Patent Lawyers. He is listed as a Senior Statesman in the 2010 edition of Chambers USA. He was also 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.

For information on the selection processes, see:

Best Lawyers
Chambers and Partners
Euromoney Magazine’s Guides to the Best Patent Lawyers
Super Lawyers

Education

J.D., magna cum laude, Seton Hall University School of Law, 1966
B.S. Chemistry, Rutgers University, 1958

Bar Admissions

State of New York, 1967; State of New Jersey, 1972; State of Pennsylvania, 1991; U.S. Patent and Trademark Office

Professional Activities

Federal Circuit Bar Association (Past President); American Intellectual Property Law Association (Past Board Member); New York Intellectual Property Law Association (Past Board Member); New Jersey Intellectual Property Law Association (Past President)

Related Information

Representative Cases

Novartis Pharmaceuticals Corporation and Novartis Pharma AG v. Teva Pharmaceuticals USA Inc
D.N.J. 2009
Sanofi-Synthelabo, et al. v. Apotex, Inc.
Fed. Cir. 2008
Merck & Co., Inc. v. Apotex Inc., et al.
Fed. Cir. 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
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
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
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
The Regents of the University of Michigan and Repligen Corp. v. Bristol-Myers Squibb Co.
E.D. Mich. 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
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
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

What KSR did and did not change about the law of patent obviousness
Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms & Attorneys
October 2008
Extraordinary Remedies in US Patent Litigation
Intellectual Asset Management
February 2006
A Response to Recommendation No. 2 of "To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy", a Report by the Federal Trade Commission
Report of American Intellectual Property Law Association, 2004
April 2004

Events

5th Annual Conference on Corporate Intellectual Property in China 2010
LexisNexis
April 22-23, 2010
Pharmaceutical Patent Protection And Regulation: A Global Perspective
Second Beijing International Pharmaceutical & Chemical Intellectual Property Forum
August 4-7th, 2009
Patent Litigation Hot Topics and Practical Tips
19th Annual ABA Intellectual Property Law Conference
April 1, 2004
Invoking a Patent Challenge: Paragraph IV Certifications and Beyond
4th National Maximizing Pharmaceutical Patent Life Cycles Conference
January 27, 2004
Federal Circuit Decisions Revisited
Federal Circuit Bar Association's Fifth Bench and Bar Conference
May 24, 2003
The Opinion of Counsel As Defense to Willful Infringement
Intellectual Property Owners Annual Meeting
January 2003

In The News

Fitzpatrick Listed as a Band 1 Intellectual Property Firm in Chambers USA 2010
Chambers USA
June, 2010
Life Sciences Elite
Intellectual Asset Management Magazine
April 2010
Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2010
Best Lawyers in America 2010
October 2009
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
Fitzpatrick Listed as a Band 1 Intellectual Property Firm in Chambers USA 2009
Chambers USA 2009
June 2009
Fitzpatrick Named as Leading New York Firm
Practical Law Company's Which Lawyer? Yearbook
April 2009
Fitzpatrick Listed as a Tier 1 Intellectual Property Firm in Chambers Global 2009
Chambers Global 2009
January 2009
Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2009
Best Lawyers in America 2009
October 2008
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
Fitzpatrick Named as Leading New York Firm
Practical Law Company's Which Lawyer? Yearbook
2008
Two Fitzpatrick Attorneys Named Best of the Best 2008
Legal Media Guide The Best of the Best U.S. 2008
2008
Fitzpatrick Listed as a Tier 1 Intellectual Property Firm in Chambers Global 2008
Chambers Global 2008
January 2008
Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2008
Best Lawyers in America 2008
October 2007
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
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 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
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'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
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
Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America
Best Lawyers in America
2003-2004
Fitzpatrick Attorney Named To Top Global Counsel List
Global Counsel 3000; Intellectual Property
2004-2005
Fitzpatrick's Pharmaceutical Practice Highlighted in IP Law & Business Article
November 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
Six Fitzpatrick Lawyers Ranked as World's Leading Patent Experts
2003 Guide to the World's Leading Patent Law Experts
2003
Robert L. Baechtold Voted Best of the Best 2002
Best of the Best
2002
Five Fitzpatrick Partners Ranked as World's Leading Trademark Law Practitioners
2002 Guide to the World's Leading Trademark Law Practitioners
2002
Four Partners Nominated to the International Who's Who of Business Lawyers
2001
Robert L. Baechtold Elected President-elect of the Federal Circuit Bar Association
2001
Bob Baechtold Named "THE BEST OF THE BEST 2000"
2000

Press Releases

Fitzpatrick, Cella, Harper & Scinto Honored For Industry Excellence in Intellectual Property by Chambers & Partners
Chambers & Partners USA 2010
June 14, 2010
Fitzpatrick, Cella, Harper & Scinto Honored by Chambers & Partners in Tier 1 for New York Intellectual Property Law Firms
Chambers & Partners USA 2009
June 16, 2009
Fitzpatrick, Cella, Harper & Scinto Ranked #1 in Intellectual Property
Chambers USA 2008
June 16, 2008
Fitzpatrick Prevails in Patent Infringement Suit
June 21, 2007
Fitzpatrick, Cella, Harper & Scinto Ranked #1 in Intellectual Property
June 18, 2007
Fitzpatrick, Cella, Harper & Scinto Ranked #1 in IP
June 7, 2006
Fitzpatrick Commences Legal Action on Behalf of Clients Eisai Co. and Eisai Inc. Over Aricept ANDA Filing
December 7, 2005
Fitzpatrick Commences Legal Action on Behalf of Client AstraZeneca Over Seroquel Patent
November 14, 2005
Fitzpatrick Commences Legal Action on Behalf of Clients Wyeth and Altana Pharma Over Protonix ANDA Filing
May 25, 2004
Fitzpatrick, Cella Commences Legal Action on Behalf of Client Eisai Over Aciphex ANDA Filings
December 9, 2003
E rbaechtold@fchs.com
T (212) 218-2213
F (212) 218-2200
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PRACTICE AREAS

Pharmaceuticals & Chemicals
Litigation
Biotechnology
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