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 Bristol-Myers Squibb, Daiichi Sankyo, Entegris, Eli Lily & Co, Merck & Co., Leo Pharma, Reckitt-Benckiser, Reliable Sprinkler Company, Sanofi-Aventis, and Warner Chilcott, primarily as lead trial counsel.
Mr. Conde formerly served as the firm's Managing Partner and is currently on the firm’s Management Committee.
Awards and Recognition:
• Selected by Managing Intellectual Property Magazine in June 2012 as one of the Top 10 Life Sciences Litigators in the US.
• Identified by Legal 500 in 2008, 2009, 2011 and 2012 as a Leading Lawyer in Patent litigation that was called “the best trial lawyer in the country for complex medical cases.”
• Recognized in Chambers USA 2011 for his outstanding work in the patent category because “his expertise in pharma work is phenomenal,” and in 2012 as being “levelheaded and very service-oriented.”
• Listed as a leading attorney in LMG Life Sciences 2012.
• Recognized in IAM Patent 1000 as a leading lawyer that “has a great grasp of the techonology and thinks and acts commercially too.”
• Identified as a top intellectual property law practitioner in the 2011 edition of Best Lawyers in America.
• Listed in IAM 250: The World’s Leading Patent Litigators 2011.
• Listed in PLC Lawyer 2012 for Life sciences: patent litigation.
• Listed as a Top New York City Intellectual Property Litigator in the 2006, 2007, 2008, 2009, and 2010 issues of Super Lawyers: New York Metro Edition.
Merck & Co., Inc. and Merck Sharp & Dohme Corp. v. Sandoz Inc. D.N.J. 2012 — On January 30, 2012, Judge Stanley R. Chesler of the United States District Court
for the District of New Jersey granted summary judgment in favor of our client
Merck & Co., Inc. and Merck Sharp & Dohme Corp. ("Merck") and against Defendant
Sandoz Inc. ("Sandoz") on its sole-remaining obviousness defense to patent
infringement on Merck's Antifungal Formulation Patent Covering Cancidas®
Warner Chilcott Laboratories Ireland Limited, et al., v. Mylan Pharmaceuticals Inc. and Mylan Inc. D.N.J. 2011 — On September 21, 2011, Fitzpatrick obtained a preliminary
injunction on behalf of plaintiffs Warner Chilcott et al. in a
dispute with Mylan Pharmaceuticals over plaintiffs' 150 mg
DORYX® antibiotic tablet product.
Sanofi-Aventis U.S. LLC et al. v. Sun Pharmaceutical Industries Ltd. et al. D.N.J. 2011
On September 15, 2011, Fitzpatrick obtained a favorable decision
on behalf of clients Sanofi and Debiopharm S.A. in a dispute with
Sun Pharmaceuticals over the terms of a settlement agreement
entered into as part of the resolution of a Hatch-Waxman patent
infringement litigation concerning Sanofi and Debiopharm’s
blockbuster colorectal cancer drug, Eloxatin®.
Hoechst GmbH v. Genentech, Inc. ICC International Court of Arbitration 2011
On June 9, Fitzpatrick obtained an award on behalf of Hoechst
GmbH from the ICC International Court of Arbitration in a dispute
over royalties due under a terminated license involving eukaryotic
protein expression technologies. Following a week-long hearing,
the arbitrator ruled that "as a matter of principle, the License
Agreement applies to Rituxan®" and ordered the production of
documents to permit the calculation of royalties that would be
owed to Hoechst for Genentech's use of human cytomegalovirus
(HCMV) enhancer technologies.
Daiichi Sankyo Company, Ltd., et al. v. Mylan Pharmaceuticals, Inc. et al. S. Ct. 2011 — On March 21, 2011, the Supreme Court denied certorari, clinching
Fitzpatrick's major victory on behalf of client Daiichi Sankyo Company
Limited against generic drug maker Mylan Pharmaceuticals in a
Hatch-Waxman patent lawsuit concerning Daiichi Sankyo’s Benicar®
family of high blood pressure medicines.