Dominick A. Conde
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.
- Litigation - Intellectual Property
- 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.