Anthony J. Fitzpatrick

Anthony Fitzpatrick is co-chair of Duane Morris’ Patent Litigation division. His practice focuses on patent, trade secret and other technology-related litigation. Mr. Fitzpatrick has extensive experience as lead counsel at trials in federal and state courts and in arbitration. He has also argued before the Court of Appeals for the Federal Circuit and before the Patent Trial and Appeal Board of the USPTO.

Mr. Fitzpatrick has litigated matters involving diverse technologies, and has gained particular experience in the life sciences, including pharmaceuticals, biologics, medical devices and diagnostics. He frequently represents clients in disputes concerning the inventorship, ownership and licensing of patents.

Mr. Fitzpatrick has extensive experience in negotiating and drafting agreements to resolve complex intellectual property disputes, including agreements to resolve litigation under the Hatch-Waxman Act.

In 2018, Law360 called Mr. Fitzpatrick a “legal lion” for a case won before the Federal Circuit. He has been named repeatedly as an IP Star by Managing Intellectual Property magazine and as a Massachusetts and New England SuperLawyer in the field of intellectual property litigation.

In addition, Mr. Fitzpatrick has also been named multiple times to the Irish Legal 100, which is Irish America magazine’s listing of the leading Irish and Irish-American lawyers practicing in North America.

Representative Matters:

• Spineology v. Wright Medical Technology (District of Minnesota and Court of Appeals for the Federal Circuit, 2015-present) (medical device: surgical reamer): Lead counsel for Wright Medical in patent litigation concerning a surgical reamer. The Court granted summary judgment of non-infringement in favor of our client. Case now on appeal to the Federal Circuit.
• Teva v. Amneal (District of Delaware and Court of Appeals for the Federal Circuit, 2015-present) (pharmaceuticals: glatiramer acetate/Copaxone®): Lead counsel for Amneal at trial of four-patent case concerning Teva’s multiple sclerosis drug Copaxone®. All patents held invalid for obviousness. Case now on appeal to the Federal Circuit.
• Depomed v. Actavis (District of New Jersey and Court of Appeals for the Federal Circuit, 2013-present) (pharmaceuticals: tapentadol/Nucynta®): Lead counsel for Actavis at trial of patent case concerning opioid analgesic. Won judgment of non-infringement of Depomed’s last-to-expire patent. Case now on appeal to the Federal Circuit.
• Zond v. Taiwan Semiconductor Manufacturing Company Limited (District of Massachusetts, District of Delaware, Court of Appeals for the Federal Circuit, and Patent Trial and Appeal Board, 2013-2015) (semiconductor fabrication): Counsel for TSMC in complex, multi-jurisdiction patent dispute, including lead role in the largest-ever set of inter partes review proceedings before the PTAB. Resolved on favorable terms.
• Teva v. Actavis, et al. (District of New Jersey, 2013) (pharmaceuticals: rasagiline/Azilect®): Lead counsel in patent case concerning treatment for Parkinson’s Disease. Selected by multi-defendant group to deliver opening statement at trial on behalf of all defendants. Case settled on first day of trial.
• Moisin v. Feit Electric (District of Massachusetts and Eastern District of Texas, 2005-2011) (compact fluorescent light bulbs): Settled patent case in Massachusetts on very favorable terms, including general release of claims against our client Feit Electric. When plaintiff filed a later case in Texas on a different patent against a different product, we successfully enforced the settlement agreement and had the new case dismissed with prejudice.
• EPIC Technologies v. Freescale Semiconductor (District of Massachusetts, 2008-09) (semiconductor packaging): Lead counsel for small semiconductor packaging company against industry giant Freescale, in case concerning patent infringement, misappropriation of trade secrets and unfair competition. Case settled on favorable terms.

Education:

• 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

Admissions:

• Republic of Ireland
• Massachusetts
• Supreme Court of the United States
• U.S. Court of Appeals for the First Circuit
• U.S. Court of Appeals for the Sixth Circuit
• U.S. District Court for the Eastern District of Wisconsin

Professional Activities:

• Boston Bar Association
  • Board of Editors, Boston Bar Journal, 2001-04
  • Certificate of Distinguished Service, 2004
  • Amicus Committee, 2004-16
• President’s Award, 2016