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Practice/Industry Group Overview
Founded in 1971, Fitzpatrick, Cella, Harper & Scinto has grown to over 150 attorneys practicing all aspects of intellectual property law, including patents, trademarks, copyrights, unfair competition, and trade secrets.
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Services Available
Our practice covers the spectrum of intellectual property services, including:
- applying for protection
- In the last ten years alone, our firm has prosecuted over 15,000 patents to issuance.
- litigation
- From its inception, our firm has been involved in complex U.S. and international intellectual property litigation involving patents, trademarks, copyrights, trade dress, unfair competition, trade secrets and antitrust issues.
- We have successfully litigated literally hundreds of patent and trademark disputes on a wide array of products and services spanning virtually every segment of modern industry and commerce.
- We have litigated technologies running the gamut from anti-cancer drugs to computer hardware, from specialty chemicals to fiber optics, and from shave gel to sporting equipment.
- appeals
- Many Fitzpatrick lawyers have briefed and argued appeals before the Court of Appeals for the Federal Circuit, U.S. District Courts, The International Trade Commission and the Trademark Trial & Appeal Board.
- interferences
- Several attorneys at Fitzpatrick have experience with particular emphasis on interference practice. Since the 1984 "new" interference rules went into effect, one of our partners, Mr. Zupcic has been lead attorney in well over forty interferences, most of which are in the electrical and mechanical arts with several recent cases involving biotechnology.
- alternative dispute resolution
- We have extensive experience in all types of alternative dispute resolution and were among the first to begin handling internet domain name disputes under the ICANN arbitration procedure. We believe that outside counsel should work closely with the client's in-house legal staff on all aspects of the litigation process and whenever it is in the client's best interest, we endeavor to avoid litigation, settle or pursue alternative dispute resolution.
- licensing
- We have decades of experience handling a wide variety of licensing and transactional matters involving all types of intellectual property in a diverse range of businesses such as the pharmaceutical, chemical, computer, software, entertainment, apparel, food, financial services and publishing industries. Our experience includes licensing, assignments, due diligence, mergers & acquisitions, IPO's, joint ventures, security interests, technology transfer, employment and consulting contracts, and confidentiality agreements.
- We have more than 25 attorneys with licensing experience from a variety of legal, business and technical backgrounds, who are adept at negotiating, drafting and closing deals on patents, trademarks, copyrights, trade secrets, know how and all other forms of intellectual property. Our attorneys also have extensive experience working with foreign clients, including major Asian, European, and Latin American corporations.
- opinions
- Fitzpatrick lawyers have done extensive opinion work concerning noninfringement, invalidity and freedom to practice in numerous industries.
- corporate transactions
- Our lawyers have represented clients in connection with the intellectual property aspects of corporate transactions including joint venture formations, refinancings and sales of businesses.
- due diligence
- Whether it's procuring patent protection on a new Internet business model, handling a domain name dispute, counseling a client on trademark and copyright issues surrounding its Web site content or conducting a due diligence investigation of the intellectual property assets of a technology company about to be brought public, our Firm provides top quality legal services while offering the speed and lawyer accessibility that the new economy demands.
Technical Expertise
Fitzpatrick has vast technical expertise. 95% of our attorneys hold scientific or technical degrees with 70 holding degrees in Chemistry, Chemical Engineering, Biochemistry or Biology. Diverse Industry Experience:
We provide these services to clients from virtually every industry, including:
PharmaceuticalsChemicalsEnergyBiotechnologyComputersElectronicsTransportationTelecommunicationsFinanceFoodE-commerce
As new technologies emerge, we are at the forefront in developing strategies for their intellectual property protection.Experience Fitzpatrick handled more ANDA cases on behalf of patent owners than any other firm.Fitzpatrick is ranked as the #2 IP firm in New York with one of our partners ranked #1 individual intellectual property attorneys in 2004-2005 by Chambers USA: America's Leading Business Lawyers and one of the world's top 25 intellectual property lawyers by Euromoney Legal Media Group in the 2004 Best of the Best Guide.Fitzpatrick ranked among top 5 patent firms by Intellectual Property Today.Eight partners listed in 2004-2005 Best Lawyers in America.Two partners are named top New York IP Counsel in the 2004-2005 Global Counsel Intellectual Property Handbook.
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Clients:
AstraZeneca, Bausch & Lomb, Bear USA, Bristol-Myers Squibb, Canon, Conde Nast, Dixon Ticonderoga Co., Essilor International S.A., Frederick Warne & Co., Inc., GlaxoSmithKline, Hughes Network Systems, IBM, Instinet, Kyowa Hakko Kogyo, Merck, New York Clearing House, Novartis, Pfizer, Prudential, Solomon Smith Barney, St. John's University, Takeda Chemical Industries, Yamaouchi
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Matter Experience |
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Representative Transactions |
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The Bear Partnership and Wings Research and Development, S.r.L. v. Bear U.S.A. Ltd., Trademark Trial and Appeal Board The Trademark Trial and Appeal Board dismissed oppositions against two trademark applications of Fitzpatrick client Bear U.S.A., Inc. Bear U.S.A., Inc., a manufacturer of parkas, jackets and other clothing products, had filed applications to register the marks BEAR and BEAR & Design for its products. Bear has used these marks in interstate commerce since at least as early as 1993 and 1995/96, respectively. In dismissing the oppositions filed by The Bear Partnership and Wings Research & Development S.r.L., the Board held that the opposer's "vague and general testimony" concerning its alleged prior use of the mark Bear Surf Boards & Design was "not definite enough to establish that opposer was using [its] mark on... clothing items prior to Bear's priority date.", November 30, 2004
Federal-Mogul Corp. and Felt Products Mfg. Co. v. ElringKlinger AG, Civ. No. 01-5797 (HAA) Fitzpatrick attorneys successfully obtained dismissal of an action for patent infringement, trade secret misappropriation and breach of contract brought by Federal-Mogul against Fitzpatrick client ElringKlinger., November 1, 2004
Tanning Research Laboratories v. Johnson & Johnson, Trademark Trial and Appeal Board The U.S. Patent and Trademark Office's Trademark Trial and Appeal Board granted summary judgment in favor of Fitzpatrick client Tanning Research Laboratories that Johnson & Johnson had abandoned its sunscreen trademark SUNDOWN and, consequently, that its federal registrations for the mark should be cancelled., August 27, 2004
Eli Lilly and Company, et al. v. Teva Pharmaceuticals USA, Inc., In a 90-page decision, Chief Judge Sarah Baker of the Southern District of Indiana ruled that Lilly's patent covering its highly successful product Sarafem, which is used to treat Premenstrual Dysphoric Disorder (PMDD), a severe form of PMS, is both valid and enforceable., July 29, 2004
SmithKline Beecham Corporation v. Teva Pharmaceuticals USA, Inc., On July 15, 2004, Chief Judge John W. Bissell of the District of New Jersey granted summary judgment in favor of Fitzpatrick client GlaxoSmithKline that it did not commit inequitable conduct before the Patent and Trademark Office in obtaining its patent on the epilepsy drug Lamictal®., July 15, 2004
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Languages spoken by Intellectual Property Professionals
Chinese, French, German, Korean, Russian, Spanish |
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