Robert L. Baechtold - Fitzpatrick, Cella, Harper & Scinto

Robert L. Baechtold

Listed in Best Lawyers since 1995

Robert L. Baechtold is one of the founding partners of Fitzpatrick, Cella, Harper & Scinto and is widely recognized for his experience and accomplishments in patent litigation. Over the past 40 years, Mr. Baechtold has prepared, tried and argued intellectual property cases primarily in the fields of pharmaceuticals, biotechnology, chemistry and polymeric materials. He has argued numerous appeals before the Court of Appeals for the Federal Circuit and has served as President of that Court's Bar Association. He has appeared as lead counsel in litigation for major international companies such as Bristol-Myers Squibb, Warner-Lambert, Merck, Pharmacia, Astellas Pharma, GD Searle, Novartis, AstraZeneca, Sanofi-Aventis, UCB, American Cyanamid, Takeda Chemical Industries, SC Johnson & Son, Hoechst Celanese, American-Maize Product, EI du Pont, Union Carbide, Emory University and Bausch & Lomb.

Mr. Baechtold was recognized as New York Intellectual Property Lawyer of the Year by Best Lawyers in America, 2011 and as a top practitioner in every edition since 1995. He was listed as a leading individual in Tier 1 of the 2003-2012 editions of Chambers USA as “the dean of pharmaceuticals, he knows all the nuances of the law, and gives practical advice” and the 2003-2012 editions of Chambers Global where client comments include “He has everything you need – he knows how to try cases, counsel and direct strategies.  In pharmaceutical patent litigation, he’s the greatest that ever was” and “a top trial lawyer – he’s quick on his feet, elegant and thorough in presentation, possessing excellent judgment and tremendous gravitas” and is recognized as “one of the best in the country.” Bob is listed in the current and past editions of Euromoney Magazine’s Guides to the Best Patent Lawyers. He was listed as a tier 1 litigator in IAM Life Sciences 250-The World's Leading Life Sciences Patent Litigators 2011. He was recognized in the 2011 edition of Who’s Who of Patent Lawyers and in PLC Which Lawyer 2011 and 2012 edition as an endorsed attorney. Mr. Baechtold was named Seton Hall University School of Law’s 2009 Distinguished Graduate. He was also recognized in IAM Patent 1000 2012 edition as having a “collaborative approach in which he understands and respects the style and opinions of his client; he has fantastic experience and has seen it all.” Mr Baechtold was also recognized in LMG Life Sciences 2012 as a leading attorney.

Seton Hall UniversityJ.D. 1966Rutgers The State University of New Jersey New BrunswickBSc 1958
AIPLANYIPLANJIPLAfederal circuit bar assn

Case History

Bone Care Int'l v. Roxane Labs. et al. — On June 11, 2012, Chief Judge Gregory M. Sleet of the District of
Delaware issued a decision in favor of Fitzpatrick’s client, Genzyme
Corporation, upholding the validity of Genzyme’s patent for kidney
disease drug Hectorol®.
Otsuka Pharmaceutical Co., Ltd. v. Sandoz, Inc., et al.
The Court of Appeals for the Federal Circuit affirmed on May 7
the finding of validity of Otsuka Pharmaceutical Co. Ltd’s patent
for the antipsychotic drug Abilify®.
Pieczenik v. Bayer Corp., et al. Fed. Cir. 2012 — On March 22, 2012 in a multi-defendant case in which
sanofi-aventis was represented by attorneys from
Fitzpatrick, the Federal Circuit affirmed Judge Pisano’s
March 23, 2011 decision to dismiss a complaint alleging
patent infringement that was filed by pro se plaintiff,
Dr. George Pieczenik, on the ground that he failed to
state a claim on which relief could be granted.
The Court also affirmed the dismissal of Dr. Pieczenik’s
charge of copyright infringement, the denial of his request
for compulsory mediation, and the denial of his request
that Judge Pisano recuse himself from the case.
Sanofi-Aventis, Sanofi-Synthelabo, Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership v. Apotex, Inc. & Apotex, Corp. S.D.N.Y. 2010 — On October 19, 2010 Judge Sidney Stein (S.D.N.Y.) awarded the
makers of Plavix® -- Sanofi-Aventis, Bristol-Myers Squibb
and their Partnership -- more than $442 million in damages from
Apotex and more than $100 million dollars in prejudgment interest.
The award, one of the largest monetary awards in patent litigation
history, is compensation for Apotex's at-risk launch of a generic

Client Comments

"I worked with Bob for several years in my previous position at another company. Bob sets the gold standard for pharmaceutical patent litigation and related strategic counseling. I compare him to fine wine - he just seems to be getting better every year. His depth of analysis, judgment, and overall grasp of business issues are second to none. He is in a class by himself. Bob is also very service oriented. You cannot find anyone better and, most likely, not even as good."

"Bob is an extremely insightful, strategic IP litigation attorney. Regardless of the complexity of the matter, he deeply considers not only legal strategy, but business practicalities in providing litigation options. He is also an excellent, responsive, technically astute, deeply experienced master of not only the rapidly changing IP legal field, but also regulatory and anti-trust fields. He gives superior guidance toward our goals and has the ability to assess risks and suggest alternatives. He is also careful with the client's money, not spending needlessly or carelessly."

"Bob is an excellent intellectual property lawyer who understands and appreciates the complexities of the pharmaceutical industry. He has superior judgment and the ability to assess risks and offer solutions. Above all, his demeanor and personality make him a pleasure to work with on any file."

"Bob Baechtold is an excellent patent litigation strategist and trial counsel. His oral advocacy capabilities are second to none, especially at the appellate level."

"Mr. Baechtold represented Boehringer Ingelheim Pharmaceuticals, Inc. in a recent patent litigation, including the appeal before the CAFC. He provided great advice during the course of the litigation leading to a positive outcome on Summary Judgment. Later, he was well prepared, poised, and convincing in presenting an argument on a subtle, unclear point of patent law decided in our favor. The net result of that strong presentation was a very favorable settlement. Mr. Baechtold has a wonderful court presence and engaging demeanor and should be listed at or near the top of any client's list for trial or appellate attorneys."

"Robert Baechtold is excellent in every respect. Bob's calm demeanor belies his tenaciousness."

"Mr. Baechtold is an excellent patent litigator, especially in the pharmaceutical field. He has in-depth knowledge and experience in patent litigation and regulatory issues, and he provides quick and clear advice and guidance as issues arise. I always get the impression that he really cares about clients."

-Satoshi Nozaki
Director, Legal
Astellas Pharma Inc.

"Bob Baechtold has demonstrated that he deserves to be counted as one of the top patent litigators in the U.S. He has a wealth of experience and success as trial counsel, and has great professional judgment. Bob leads a Fitzpatrick team that is thorough, responsive, professional, and well prepared. He is definitely a "go-to" guy for company-critical patent litigation. "

Office Location

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

Lawyer of the Year Awards

2014 Lawyer of the Year in Litigation - Patent of the New York City Metro Area2011 Lawyer of the Year in Intellectual Property Law of the New York City Metro Area
Robert L. Baechtold has earned a Lawyer of the Year award for 2014!Robert L. Baechtold has earned a Lawyer of the Year award for 2011!

Practice Areas

Litigation - Intellectual Property
Litigation - Patent
Patent Law

Other Information

Gender: Male