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.
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