Anthony J. Fitzpatrick practices in the area of intellectual property litigation with a concentration on patent and trade secret matters. Mr. Fitzpatrick serves as co-chair of the firm's Intellectual Property Litigation Practice. He has litigated matters involving diverse technologies, and has gained particular experience in pharmaceuticals, biologics, medical devices and other life sciences. Mr. Fitzpatrick has extensive experience as lead trial counsel in federal and state courts and before arbitral tribunals.
In 2009 and 2010, Mr. Fitzpatrick was named to the Irish Legal 100, which is Irish America magazine's listing of the leading Irish and Irish-American lawyers practicing in North America. Mr. Fitzpatrick has been named a Massachusetts and New England SuperLawyer in the field of intellectual property litigation in every year since those rankings first began.
In addition to patent and trade secret matters, Mr. Fitzpatrick represents clients in intellectual property disputes concerning trademarks, copyrights, false advertising, rights of publicity and the Internet. He is also experienced in complex commercial litigation and white-collar criminal defense matters.
Mr. Fitzpatrick holds law degrees from Boston University School of Law (Juris Doctor, 1993), The Honorable Society of King's Inns, Dublin (Barrister-at-Law, 1988), and University College Dublin (Bachelor of Civil Law, 1986). He is admitted to practice in the Commonwealth of Massachusetts and in his native Republic of Ireland.
Since 1998, Mr. Fitzpatrick has been an advisor to Harvard Law School's Trial Advocacy Program. He is also an active member of the Boston Bar Association. He is presently a member of the BBA's Amicus Committee, and has previously served on the Board of Editors of the Boston Bar Journal.
- Pfizer Inc., et al. v. Wockhardt, Ltd., et al., 12-CV-817 (SLR) (Consolidated) (D. Del.) Patent infringement action regarding Wockhardt's ANDA to make a generic version of Pfizer's antidepressant product Pristiq®, the active ingredient of which is desvenlafaxine succinate.
- Avanir Pharmaceuticals, Inc., et al. v. Wockhardt, Ltd., et al., 11-CV-704 (Consolidated) (LPS) (D. Del.) Obtained a settlement in a patent infringement action allowing Wockhardt to market a generic version of Avanir’s PBA product Nuedexta®, the active ingredients of which are dextromethorphan hydrobromide and quinidine hydrobromide.
- Obtained a settlement for Wockhardt, a global pharmaceutical and biotechnology company, with Abbott and Alkermes regarding the drug Tricor.
- Teva v. Watson, Case No. 10-CV-5078 (D.N.J. – C.Cecchi). Represented Watson Pharmaceuticals, Inc. in Hatch-Waxman Litigation against Teva Pharmaceutical Industries Ltd. concerning the Parkinson's disease drug AZILECT®, the active ingredient of which is rasagiline. The matter was settled during trial.
- Lead counsel for Actavis in the trial of Hatch-Waxman litigation brought by King Pharmaceuticals pertaining to Avinza®, an extended-release oral formulation of morphine (2011).
- Lead counsel for Apotex in the trial of Hatch-Waxman litigation brought by Wyeth pertaining to EFFEXOR® XR. After the first two phases of a three-phase trial, the matter settled on terms favorable to the client (2010).
- Obtained a settlement for Wockhardt, a global pharmaceutical and biotechnology company, that resolved Hatch-Waxman litigation initiated by Sepracor Inc. seeking to bar Wockhardt from offering a generic version of the blockbuster insomnia medicine Lunesta®. Sepracor agreed to allow Wockhardt entry into the market before the expiration of its Lunesta patents.
- Lead counsel for the plaintiff in three-week trial of an inventorship action against the Massachusetts Institute of Technology and Massachusetts General Hospital. The technology at issue concerned polyethylene used in total joint replacements.
- Lead counsel for a medical device manufacturer in several intellectual property disputes, including patent infringement litigations concerning a knee prosthesis and a modular hip prostheses; an arbitration proceeding concerning a biologic tissue matrix; and trademark litigation against a competitor.
- Counsel for a major supplier of lighting products in patent litigation concerning compact fluorescent lightbulbs (CFLs). Won summary judgment of inequitable conduct and an award of attorneys' fees, which was affirmed by the Court of Appeals for the Federal Circuit.
- Represented a leading manufacturer of water purification equipment in patent litigation concerning technology for the production of ultrapure water. Served as lead counsel at Markman hearing and at trial of patent invalidity issues.
- Counsel to three of the world's largest biotechnology companies in major patent litigation matters concerning their core products.
- Lead counsel for cord blood bank in litigation concerning technology for collection and storage of stem cells.
- Counsel to manufacturer of cardiac defibrillators in dispute with company founder concerning ownership of patent rights and other intellectual property covering the company's product.
- Lead counsel for defendant in patent infringement litigation concerning biological markers for autism.
- Represented medical device company in litigation concerning ownership and license rights in patents concerning polymeric spinal implants.
- Represented a number of companies in patent litigation and licensing negotiations with The Lemelson Foundation and with other patent holding companies.
- Lead counsel to building products manufacturer in patent and false advertising litigation.
- Lead litigation counsel for an Italian manufacturer of plastic molding machines in Section 337 patent litigation before the United States International Trade Commission.
- Lead counsel for a manufacturer of plastic cup lids in patent infringement litigation.
- Represented the developer of an idea for a consumer product in a dispute with a company that had misappropriated the idea.
- Counsel to a publisher of financial newsletters in a major false advertising case in U.S. District Court in New York.
- Counsel to a healthcare benefits company in trademark litigation against a medical device manufacturer.
- Republic of Ireland
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the Eastern District of Wisconsin
- Boston University School of Law, J.D., 1993
- The Honorable Society of King's Inns, Barrister at Law, 1988
- University College Dublin, B.C.L., 1986
- Duane Morris LLP
- Partner, 2000-present
- Associate, 1999
- Burns & Levinson LLP, Boston, Massachusetts
- Associate, 1993-1999
- Looney & Grossman, Boston, Massachusetts
- Foreign Associate, 1989-1993
- Boston Bar Association
- Board of Editors, Boston Bar Journal, 2001-2004
- Certificate of Distinguished Service, 2004
- Amicus Committee, 2004-present
- Advisor, Harvard Law School, Trial Advocacy Program, 1998-present
Honors and Awards
- Listed as an "IP Star" in Managing Intellectual Property's IP Stars, 2013
- Named a Massachusetts and New England SuperLawyer in the field of intellectual property litigation, 2004-present
- Listed in Super Lawyers, Corporate Counsel Edition, 2010
- Co-author, "Supreme Court Establishes "Totality of the Circumstances" Framework for Determining Whether Attorney's Fees Should Be Shifted in Patent Cases," Duane Morris Alert, May 6, 2014
- Quoted in "Drug Maker's Legal Battle with the FDA Delays Generic Competition," InsideCounsel, January 28, 2013
- Co-author, "Biosimilars Now Just About Ready to Roll," Genetic Engineering & Biotechnology News, September 1, 2012
- Quoted in "A Comeback for the Federal Circuit: This term, the Supreme Court is no longer the 'court of correction'," ABA Journal, September 2011
- Quoted in "Special Report: A Quick Summary of the New U.S. Supreme Court Decisions," Intellectual Property Watch, June 24, 2011
- Author, "Winning Patent Cases in a Challenging Legal Environment," chapter in Litigation Strategies for Intellectual Property Cases (Thomson Reuters/Aspatore 2011)
- Quoted in "Bilski Headlines Influential IP Rulings in 2010," IP Law360, January 1, 2011
- Profiled by Law 360, July 8, 2009
- Featured in "Patent Litigation Roundtable: Recent Decisions Mean Big Changes," GC New England, May 2008
- Quoted in "Lawyer Fitzpatrick Comments on U.S. Supreme Court Patent Case," Bloomberg News, June 26, 2006
- Quoted in "Buyer Beware; An IT vendor's legal entanglements can snare its customers" and sidebar "Protect Yourself," Computerworld, January 25, 2007
- Co-author, "New Terrain," 8-K: The Legal Magazine for Business Executives, Fall 2006
- Quoted in "Supreme Court Set to Review Obviousness," IP Law360, June 26, 2006
- Quoted in "Patent Holders Suffer a Setback," Lawyers USA, June 5, 2006
- "Dealing With Patent Trolls," Counsel to Counsel, January 2006
- Co-author, "Automatic Disclosure Requirements in Federal Court - Avoiding the Bark Behind the Bite," Boston Bar Journal, May/June 2004
- Co-Author, "The Internet Domain Name Landscape in the Wake of the Government's 'White Paper'," Boston Bar Journal, November/December 1998
- Co-Author, "Preliminary Injunctions in Biotechnology Patent Cases," High Technology Law in the Twenty-First Century, September 1997 The Journal of Biolaw and Business, Summer 1998
- "Law and the Internet," Insights, Newsletter of the American Consulting Engineers Council of New England, May/June 1998
- Co-Author, "Electronic Theft Could Create Vicarious Liability," The National Law Journal, April 17, 1995
- "Copyright Law and the Public Domain," National Association of Desktop Publishers Journal, January 1995
- "Writing the Book on Multimedia Copyrights," National Association of Desktop Publishers Journal, December 1994
Selected Speaking Engagements
- Speaker, 17th Annual New England Intellectual Property Conference, Massachusetts Continuing Legal Education, June 19, 2014
- Speaker, "Scary Monsters and Super Creeps? Strategies for Dealing with Patent Assertion Entities, Non-Practicing Entities, and 'Patent Trolls,'" MedTech Intellectual Property Issues Round-Up, Waltham, September 13, 2013
- Participant, American Conference Institute's Paragraph IV Disputes Conference, New York City, April 23, 2012
- Speaker, "Biosimilars: Emerging Legal Challenges," Strafford Webinar, December 6, 2011
- Speaker, "Patents and Standards-Setting," Connectivity Week Smart Grid Conference, Santa Clara, California, June 10, 2009
- Moderator, "Inequitable Conduct: Which Standard? What Evidence?" panel discussion, Intellectual Property Association 2008 Annual Meeting, San Diego, California, September 23, 2008
- Panelist, "Defending Against the Patent Troll Threat," Strafford Legal Briefings, March 14, 2006
- Speaker, "Venue in Patent Litigation: New Strategies After Genentech and TS Tech USA, Determining the Best Forum for Pursuing or Defending Patent Infringement Claims," Strafford Publications CLE teleconference, August 4, 2009
- Speaker, "Patent Litigation in the Wake of the Supreme Court's eBay Decision," IP Law360 seminar, September 13, 2006