The Legal 500

Fitzpatrick, Cella, Harper & Scinto

1290 AVENUE OF THE AMERICAS, NEW YORK, NY 10104-3800, USA

What we say about the firm's legal practice in United States

Intellectual property

Within Patent litigation: full coverage, Fitzpatrick, Cella, Harper & Scinto is a second tier firm,

Highly responsive and results oriented’, Fitzpatrick, Cella, Harper & Scinto has a core strength in life sciences, with ‘excellent knowledge of the pharmaceutical industry’. It typically represents brand companies such as Astra-Zeneca, Sanofi-Aventis and GSK in infringement cases involving high-value products, and also acts for leading technology/hi-tech companies such as IBM and Canon, recently representing the former in litigation against Rambus. Dominic Conde is ‘an outstanding strategist and litigator. If you end up going to trial, he is amazing – nothing gets by him’. Conde was involved in some of the practice’s largest cases, including successfully defending Daiichi Sankyo in an appeal case that affirmed a ruling that Mylan Pharmaceuticals infringed its billion-dollar-selling high blood pressure drug. Conde also achieved a reversal of a non-infringement judgment for Adams Respiratory Therapeutics (owned by Reckitt Benckiser) in a case against Perrigo, regarding popular branded non-prescription medicine Mucinex. William Solander is also recommended.

Within Patent prosecution: utility and design patents , Fitzpatrick, Cella, Harper & Scinto is a third tier firm,

Fitzpatrick, Cella, Harper & Scinto is an IP boutique renowned in the pharmaceutical arena with an ‘excellent’ level of service and an active practice, having obtained 1,845 patents in 2010. The firm, which is headquartered in New York, has a leading electronics/computer practice and boasts longstanding clients such as Canon and IBM – a testament to its skill in this space. The hugely experienced Anthony Zupcic heads the prosecution group, and focuses on a variety of industries from semi-conductors to jet engines. Clients praise the firm’s ability to understand their needs and provide appropriate and timely responses, with one stating ‘there is no comparable firm in my estimation’. The ‘outstanding’ Raymond Mandra is chair of the biotechnology patent group and one client states that he is ‘the best at pharmaceutical patent prosecution I have seen in my nearly 20 years in the industry’. Other recommended partners include Robert Fischer, Brian Klock in Washington DC, and California-based Michael O’Neill. Major clients include Warner Chilcott, Sirona Dental, Michelin & SC Johnson.

Within Trademarks: litigation, tier 4

Although IP boutique Fitzpatrick, Cella, Harper & Scinto is primarily a patent-focused firm with particular strength in serving pharmaceutical companies, it does handle some notable trademark disputes, with fashion brand Calvin Klein, apparel company Phillips Van Heusen and industrial manufacturer Schaeffler among its key clients. Edward Vassallo chairs the firm’s trademarks group and offers trial and appellate level experience. Vassallo represented The Dreyfus Corporation and MBSC Securities in a domain name dispute before the National Arbitration Forum, with the panel concluding in favor of the client as complainant regarding the use of dreyfuscorp.com and dreyfus-corp.com domain names by false aliases. Timothy Kelly has experience in e-commerce disputes, while Warren Olsen and Pasquale Razzano are other trademarks lawyers with significant litigation experience. Razzano has represented Mars and Nike in trademark and trade dress infringement cases. The practice recently led on both the plaintiff and defendant sides in infringement and interference cases for clients such as Disney Enterprises. It acted for travel agency Gap Adventures as defendant in a trademark infringement case filed by The Gap Inc, and advised Everest Gaming as plaintiff in a case against casino gaming giant Harrah regarding the use by the defendant of Everest Poker trademarks in relation to its world poker tournament.

Within Trademarks: non-contentious (full coverage), Fitzpatrick, Cella, Harper & Scinto is a third tier firm,

The team at boutique firm Fitzpatrick, Cella, Harper & Scinto, based in New York, Washington DC and California, has expertise in the electronics, clothing, pharmaceuticals and publishing sectors, among others, advising a range of well-known clients. The firm has 11 partners spending at least half their time on trademarks matters, with the team led by Edward Vassallo in New York, who has expertise in the mechanical, computer and chemicals spaces. Also of note is hugely experienced founding partner Lawrence Scinto. Longstanding clients include Canon and IBM, while other representative clients include Batmark, Frederick Warne, RUHOF, Phillips-Van Heusen, Calvin Klein and Tommy Hilfiger.


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