Professional Experience
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 Adams Respiratory, Bristol-Myers Squibb, Reckitt-Benckiser, Daiichi Sankyo, Eli Lily & Co., Warner Chilcott, Sanofi-Aventis, Sepracor, and Reliable Sprinkler Company, 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
Mr. Conde was 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. He is listed as a Leading Lawyer in Patent litigation: full coverage in Legal 500 2008 and 2009. He was also listed in IAM 250: The World's Leading Patent Litigators 2011. Mr. Conde was recognized in Chambers USA 2011 for his outstanding work in the patent category, "his expertise in pharma work is phenomenal." He was also selected as a top intellectual property law practitioner in the 2011 edition of Best Lawyers in America.
Professional Activities
American Bar Association; New York Bar Association; Federal Circuit Bar Association; New York Intellectual Property Law Association
Representative Matters
· Sanofi-Aventis against Sandoz Inc., et al. on a patent relating to Eloxatin® a treatment option for stage III colon cancer and advanced colorectal cancer.
· Daiichi Sankyo against generic drug maker Mylan Pharmaceuticals in a Hatch-Waxman lawsuit concerning Daiichi Sankyo's Benicar® family of high blood pressure medicines.
· Daiichi Sankyo against Apotex on a patent covering Evoxac® for the treatment of dry-mouth symptoms.
· Warner Chilcott against multiple defendants on a patent relating to Doryx®, a broad-spectrum tetracycline antibiotic.
· Warner Chilcott against Barr Laboratories and Watson Pharmaceuticals on patents relating to Warner Chilcott's Femcon Fe® chewable oral contraceptive.
· Defending Entegris against infringement allegations relating to filtration technology.
· Reckitt Benckiser against Tris Pharmaceuticals concerning patents relating to Delsum®, a 12-hour cough suppressant.
· Sepracor Pharmaceuticals against Sandoz Inc., et al. on patents relating to Clarinex®, an allergy medication.
· Adams Respiratory against multiple defendants on patents relating to Adams' highly successful Mucinex® product.
· KOS Pharmaceuticals against Barr Laboratories on patents covering KOS' niaspan anti-cholesterol drugs.
· Bristol Myers against Teva Pharmaceuticals regarding patents covering Bristol's anti-bacterial agent gatifloxacin.
· Eli Lilly against Teva Pharmaceuticals on patents involving Lilly's highly successful product Sarafem®, which is used to treat Prementrual Dysphoric Disorder (PMDD), a severe form of PMS.
· Warner Chilcott against KV Pharmaceuticals on a patent covering pregnancy vitamins.
· Bristol-Myers against Rhone-Poulenc Rorer on patents relating to semi-synthetic process technology for making Taxol®.
· Dixon Ticonderoga against Dri Mark Products in patents involving metallic inks used in writing instruments.
· American Maize Products against Grain Processing Corp. on patents relating to maltodextrin food additives.
· Bausch & Lomb against Alcon Laboratories on technology regarding contact lens disinfectants.
· Exxon against Lubrizol regarding motor oil additives.
Decisions
Representative Cases
Merck & Co., Inc. and Merck Sharp & Dohme Corp. v. Sandoz Inc.
D.N.J. 2012
Warner Chilcott Laboratories Ireland Limited, et al., v. Mylan Pharmaceuticals Inc. and Mylan Inc.
D.N.J. 2011
Sanofi-Aventis U.S. LLC et al. v. Sun Pharmaceutical Industries Ltd. et al.
D.N.J. 2011
Hoechst GmbH v. Genentech, Inc.
ICC International Court of Arbitration 2011
Daiichi Sankyo Company, Ltd., et al. v. Mylan Pharmaceuticals, Inc. et al.
S. Ct. 2011
Daiichi Sankyo Company, Ltd., et al. v. Mylan Pharmaceuticals, Inc. et al.
Fed. Cir 2010
Adams Respiratory Therapeutics, Inc et al. v. Perrigo Company et al.
Fed Cir. 2010
Sanofi-Aventis U.S. LLC, Sanofi-Aventis, and Debiopharm S.A. v. Sandoz, Inc. et al.
Fed. Cir. 2009
Daiichi Sankyo Company, Ltd., et al. v. Mylan Pharmaceuticals, Inc. et al.
D.N.J., 2009
Adams Respiratory Operations, Inc. v. Mutual Pharmaceutical Co., et al.
E.D.Pa. 2007
Eli Lilly and Company, et al. v. Teva Pharmaceuticals USA, Inc.
Fed. Cir. 2005
Eli Lilly and Company, et al. v. Teva Pharmaceuticals USA, Inc.
S.D. Indiana 2004
Bristol-Myers Squibb Company v. Rhone-Poulenc Rorer, Inc. et. al.
Fed. Cir. 2003
Bristol-Myers Squibb Company v. Rhone-Poulenc Rorer, Inc.
S.D.N.Y 2002
Dri Mark Products, Inc. v. National Ink, Inc. and Dixon Ticonderoga Co.
S.D.N.Y. 2002
Grain Processing Corp. v. American Maize-Products Co.
Fed. Cir. 1998
Publications/Events
Publications
Extending the 30-Month FDA Stay in an ANDA Litigation
Fitzpatrick Case Update
July 9, 2009
Events
Expert Insights on Hatch-Waxman Litigation Strategies for Brand Names and Generics
Paragraph IV Disputes
Dominick Conde spoke at ACI's Paragraph IV Disputes Conference
May 4, 2011
Navigating the Challenges of ANDA Disputes
Law 360
July 28, 2009