Fitzpatrick, Cella, Harper & Scinto

Fitzpatrick, Cella, Harper & Scinto has grown to about 175 attorneys practicing all areas of intellectual property law, including patents, trademarks, copyrights, unfair competition, and trade secrets. Our practice covers the spectrum of intellectual property services, including applying for patent and trademark protection, litigation, appeals, interferences, alternative dispute resolution, licensing, opinions, corporate transactions and due diligence. We have one of the premier patent litigation practices in the nation, and we also prosecute more than twice as many patents as any other New York-based firm.

Our offices in New York, Washington D.C. and Costa Mesa, California, serve a diverse national and international clientele from Fortune 500 companies to Internet start-ups. Founded in 1971, we have continually kept pace with the complex world of new technologies and the strategies required for protecting knowledge, vision and ideas.

The quality and experience of our attorneys is second to none. In addition to superior legal qualifications, the majority of our attorneys hold scientific degrees and many also have substantial industry experience. Our attorneys also have a long history of pro bono work, as well as active involvement in bar associations and community organizations.

Our clients do business in a wide range of industries including pharmaceuticals, chemicals, energy, biotechnology, computers, information technology, electronics, medical devices, transportation, telecommunications, finance, food and e-Commerce. As new technologies emerge, we work closely with our clients in developing strategies for protecting and enforcing their intellectual property.

Supreme Court Hears Oral Argument on the Patent Eligibility of a Medical Process
Joshua Calabro,Robert H. Fischer, December 22, 2011
On December 7, 2011, the Supreme Court of the United States heard oral argument in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The case is before the Supreme Court for the second time and concerns whether a medical process for optimizing therapeutic efficacy is patent-eligible...

Ass’n for Molecular Pathology v. USPTO, No. 2010-1406 (July 29, 2011) (the Myriad Genetics case)
Robert H. Fischer,Dennis Gregory, August 12, 2011
The Federal Circuit today issued a key biotechnology opinion, holding that isolated human DNA sequences are patentable subject matter under 35 U.S.C. § 101. Ass’n for Molecular Pathology v. USPTO, No. 2010-1406 (July 29, 2011).

Accelerating the Acquisition of an Enforceable Patent: Bypassing the USPTO’s Backlog
Seth Boeshore,Lawrence A. Stahl, April 8, 2011
The U.S. Patent and Trademark Office (USPTO) dockets new patent applications for examination in the order of their domestic filing date, and typically will not advance a filed application out of turn. Because the USPTO cannot examine applications as quickly as it receives them, there is backlog of...