Henry J. Renk - Fitzpatrick, Cella, Harper & Scinto

Henry J. Renk

Listed in Best Lawyers since 2003
Phone: 212-218-2250

Since joining the firm 32 years ago, Henry J. Renk has been engaged in all aspects of patent practice, including patent prosecution, counseling and patent infringement litigation.  For the last 28 years, he has specialized in complex patent infringement litigation, principally in the pharmaceutical and chemical fields, in various district courts and before the International Trade Commission, including appeals to the United States Court of Appeals for the Federal Circuit. Mr. Renk has appeared as lead trial counsel for AstraZeneca, Bausch & Lomb, Merck, Alcatel, S.C. Johnson, Warner-Lambert Company and Monsanto Company in district court patent litigation, and for Union Carbide Corporation in a state court trade secret case.  Mr. Renk also has been trial counsel in patent litigation for those and other clients, including Pharmacia, Novartis, Takeda Chemical Industries, SmithKlineBeecham, The NutraSweet Company, DuPont, IBM and Hoechst Celanese. 

He was formerly an adjunct Professor of Law at Pace University School of Law in White Plains, New York, where he taught Patent Law. Awards and Recognition

Mr. Renk was selected as a top intellectual property law practitioner in every edition since 2003 of the Best Lawyers in America. He was also listed as a Top New York City Intellectual Property Litigator in the 2006-2011 issues of Super Lawyers: New York Metro Edition. Mr. Renk was listed in IAM Life Sciences 250- The World's Leading Life Sciences Patent Litigator 2010. He is listed as a leading lawyer in Legal 500 2010 for patent litigation: life sciences/chemical. Mr. Renk was also recognized in IAM 250: The World’s Leading Patent Litigators 2011.

Villanova UniversityBS 1967Georgetown University Law CenterJ.D. 1971
American Bar AssociationNew York Bar AssociationFederal Circuit Bar AssociationAmerican Intellectual Property AssociationNew York Intellectual Property Association

Case History

AstraZeneca Pharmaceuticals LP et al. v. Anchen Pharmaceuticals Inc. et al. D.N.J. 2012 — On March 29, 2012, after facing a patent challenge by four generic drug manufacturers
in a Hatch-Waxman lawsuit, Fitzpatrick successfully defended AstraZeneca
Pharmaceuticals’ blockbuster antipsychotic drug Seroquel XR®. After a 12 day trial,
U.S. District Judge Joel A. Pisano in New Jersey ruled that generic makers Anchen,
Osmotica, Torrent and Mylan infringed AstraZeneca’s patent on sustained release
quetiapine, and rejected the defenses that the patent was invalid. The Court entered
a permanent injunction against all four generic manufacturers until May 28, 2017, when
the patent expires. U.S. sales of Seroquel XR® have totaled $1.7 billion from 2007
through March 2011.
In re Rosuvastatin Calcium Patent Litigation D. Del. 2010 — In litigation involving a reissue patent covering the AstraZeneca drug Crestor®,
Fitzpatrick, on behalf of its clients AstraZeneca UK, Ltd., IPR Pharmaceuticals Inc.
and Shionogi Kabushiki Kaisha, and as co-counsel with Finnegan Henderson and
Connolly Bove, successfully obtained a bench trial ruling that eight generic drug
companies infringed the patent, and that the patent remains valid and enforceable.
Following an eight-day bench trial, Judge Joseph Farnan of the District of Delaware
ruled that three Shionogi patent department personnel had not intended to deceive
the USPTO by failing to disclose information, that the defendants’ obviousness case
was hindsight-driven, and that the original patent was properly reissued.

AstraZeneca Pharmaceuticals LP and AstraZeneca UK Ltd., v. Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Ltd and Sandoz, Inc. Fed. Cir. 2009 — On September 25, 2009, the Court of Appeals for the Federal Circuit affirmed
a summary judgment of no inequitable conduct in favor of our client, AstraZeneca
Pharmaceuticals. The patent at issue in the case covered AstraZeneca's quetiapine
fumarate atypical antipsychotic drug sold under the name Seroquel. The Court rejected
arguments that AstraZeneca had failed to disclose certain information, or made
misrepresentations, to the United States Patent and Trademark Office during
prosecution of the patent application. In particular, the Court concluded that the
evidence in the case "cannot support a finding that AstraZeneca misrepresented or
omitted material information" and that "no evidence of bad faith has been proffered."

AstraZeneca Pharmaceutical LP et al. v. Teva Pharmaceuticals USA, Inc, et al. D.N.J. 2008 — Fitzpatrick, on behalf of its client AstraZeneca, won summary judgment of no inequitable
conduct against generic drug makers Teva and Sandoz in a Hatch-Waxman lawsuit
concerning AstraZeneca's antipsychotic drug Seroquel®. In an opinion dated July 1, 2008,
Judge Pisano of the District Court of New Jersey rejected Teva's and Sandoz's arguments
that AstraZeneca intentionally misled the United States Patent Office, and found that no
reasonable factfinder could conclude that AstraZeneca's alleged conduct before the Patent
Office was sufficiently material to sustain a finding of inequitable conduct. Judge Pisano also
found Teva's and Sandoz's allegations of deceptive intent to be speculative and without merit.
In conclusion, Judge Pisano found that no trial was necessary to determine the credibility of
AstraZeneca's inventors and patent attorneys, and that "the prosecution record speaks for itself."

Client Comments

"Henry's knowledge and experience in patent litigation is beyond reproach. He is a highly effective and respected patent litigation attorney who has great standing among his peers. I can highly recommend Henry to other prospective clients without any reservations. "

-Fred Wolsky
Assistant General Counsel
Foster Wheeler

Office Location

1290 Avenue of the Americas
New York, NY 10104-3800
United States

Practice Areas

Litigation - Intellectual Property
Litigation - Patent