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Dominick A. Conde

Listed in Best Lawyers since 2012

Fitzpatrick, Cella, Harper & Scinto

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.  

Case History

  • 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.

Awards

  • Managing Intellectual Property Magazine's Top 10 Life Sciences Litigators in the US.

Client Comments

  • "Dom Conde is an intellectual giant, but one who can distill complex patent issues into clear, concise, and cogent language that anyone can understand. Business leaders like him because of his clarity. Attorneys like him because they know his direct advice is grounded in thorough legal analysis and experience."

    Bill Mordan

    Reckitt Benckiser Group plc

  • "Dominick Conde is outstanding for his remarkable ability to provide practical solutions for navigating the often complex area of Patent Litigation."

    Robert Kajubi

    Sanofi-Aventis U.S. LLC

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Locations

1290 Avenue of the Americas
New York, NY 10104-3800
Phone: 212-218-2204
Firm Phone: 212-218-2100

Practice Areas

  • Litigation - Intellectual Property

Education

  • Rensselaer Polytechnic Institute (BS) (1982)
  • Franklin Pierce Law Center (1990)

Bar Admissions

  • New York State Bar Association

Organizations & Affiliations

  • New York Intellectual Property Law Association — Member
  • Federal Circuit Bar Association — Member
  • New York Bar Association — Member
  • American Bar Association — Member