Litigation - Practice Areas - Fitzpatrick, Cella, Harper & Scinto

Printer Friendly.

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

Merck & Co., Inc. v. Apotex Inc., et al. U.S. Court of Appeals for the Federal Circuit

Nano-Proprietary, Inc. v. Canon Inc. 5th Cir. 2008

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

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

Phillips-Van Heusen Corp., Calvin Klein, Inc., and Calvin Klein Trademark Trust v. Calvin Clothing Company, Inc. and Star Ride Kids, Inc. 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 exhaustion revitalized? The National Law Journal
August 18, 2008

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

Trying A Patent Case In The Southern District Of New York American Bar Association's Annual Meeting
August 8, 2008

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

Recent US Case Law Developments Affecting Primary and Secondary Pharma Patents C5's 7th Annual Pharma Patent Lifecycles Conference
June 27, 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

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

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