Lawrence F. Scinto - Fitzpatrick, Cella, Harper & Scinto

Lawrence F. Scinto

Listed in Best Lawyers since 1991
Phone: 212-218-2144

Lawrence F. Scinto, a founding partner of Fitzpatrick, Cella, Harper & Scinto, has been principal trial and appellate counsel for clients such as ExxonMobile, DuPont, S.C. Johnson, Crane, H.K. Porter, CF&I Steel Corporation, De La Rue, Rottapharm, Schick Manufacturing, AMR Technologies and Schaeffler Technologies GmbH & Co. KG in various intellectual property matters.

For over 40 years, Mr. Scinto’s intellectual property practice has embraced all aspects of litigation, arbitration, licensing and counseling, dealing with patents, trademarks, and trade secrets in diverse fields of technology, including petroleum additives, explosives, paints, plastics and elastomers, electronic control systems, circular knitting machines, automotive parts, shaving equipment, pharmaceuticals, magnetic materials and rare earth, and electronic cheque processing and intra-aortic catheter balloons.

Mr. Scinto is an adjunct Professor of Law at Pace University School of Law in White Plains, New York, where he teaches Patent Law.

Mr. Scinto was selected as a top intellectual property law practitioner in every issue since 1991 of Best Lawyers in America. He was also listed in Euromoney Legal Media Group's 2003 Guide to the World's Leading Patent Law Experts and in the 2007 and 2011 editions of Who’s Who of Patent Lawyers. He is listed in Euromoney Legal Media Group's The Best of the Best 2006 and 2008 as a top United States patent practitioner. Mr. Scinto was also listed as a Top New York City Intellectual Property Litigator in the 2006 - 2011 issues of Super Lawyers: New York Metro Edition. He was also listed in Legal 500 2011 and 2012 for Trademarks: non-contentious (full coverage).

Worcester Polytechnic InstituteBS 1951St. John's UniversityLL.B 1956New York University School of LawLL.M 1958
American College of Trial LawyersNew York Intellectual Property Law AssociationAmerican Bar AssociationAmerican Intellectual Property Law AssociationAssociation of the Bar of the City of New YorkFederal Circuit Bar AssociationFederal Bar CouncilNew York State Bar AssociationInternational Intellectual Property Law AssociationSupreme Court Historical Society

Case History

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. After a two-
week trial, U.S District Judge William J. Martini in New Jersey had ruled that Mylan
infringed the Daiichi Sankyo patent on olmesartan medoxomil, the active ingredient
in Benicar®, rejecting Mylan’s defense that the patent was invalid for obviousness. On September 9, 2010, the Federal Circuit affirmed the district court’s opinion, noting that the opinion was “comprehensive” and “well-reasoned.” The blockbuster drug had worldwide sales of more than $1 billion last year.
Spath v. Geyer Board of Patent Appeals and Interferences 2008 — In an interference involving automobile engine components, Fitzpatrick prevailed on
behalf of our client, INA-Schaeffler KG (Senior Party Geyer). Fitzpatrick first defeated
preliminary motions by Junior Party Spath seeking judgment based on its allegations of
lack of written description and no interference-in-fact. Fitzpatrick then persuaded the
Board that Spath had not proven an earlier reduction to practice by virtue of an early
CAD model, and that Spath had failed to prove derivation of the invention through a
common customer. The Board entered judgment against Spath and cancelled the
corresponding claim from Spath’s previously issued patent.

Schaeffler KG v. Brastates Bearings Industries, et al. S.D. Fl. 2008 — On April 1, 2008 Fitzpatrick attorneys, on behalf of our client Schaeffler KG,
successfully obtained a temporary restraining and seizure order in a trademark
case against defendant Brastates Bearings Industries and related companies.
Thereafter, working in conjunction with the Miami U.S. Marshal’s Office and
local police, FCHS attorneys seized approximately $45,000 worth of counterfeit
ball bearings marked with Schaeffler’s FAG trademark from the defendant’s
warehouse in North Miami Beach, Florida.

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 — On behalf of their clients Phillips-Van Heusen and Calvin Klein, Inc., Fitzpatrick
attorneys recently prevailed after a one week trial by winning a judgment that
Calvin Clothing's attempt to use and register CALVIN trademarks for a wide variety
of apparel infringed on CALVIN KLEIN and CALVIN trademarks, and diluted these
trademarks under New York law. Judge Rakoff found that Calvin Clothing Company's
30 years of priority over Calvin Klein with use of CALVIN for one category of apparel
was not a basis for it to expand into other categories of apparel. Also, Judge Rakoff
found that use of CALVIN and CALVINS as abbreviations of the CALVIN KLEIN trademarks
by the public and media inured to Calvin Klein, Inc.'s benefit, and was a basis for
common law rights in CALVIN. Judge Rakoff ordered that defendants' expanded use
of CALVIN be immediately ceased.

Office Location

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

Practice Areas

Litigation - Intellectual Property
Litigation - Patent
Trademark Law

Other Information

Gender: Male