Anthony J. 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 on multiple occasions 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 he 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.

Mr. Fitzpatrick is a frequent speaker and commentator on patent litigation topics, including serving as Chair of Massachusetts Continuing Legal Education's Annual New England Intellectual Property Conference. An active member of the Boston Bar Association, he received the association’s President’s Award in 2016 for his longstanding service on its Amicus Committee. 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), and he is admitted to practice in the Commonwealth of Massachusetts and in his native Republic of Ireland.

Resume

Experience

•Duane Morris LLP
- Partner, 2000-present
- Associate, 1999
•Burns & Levinson LLP, Boston, Massachusetts
- Associate, 1993-1999
•Looney & Grossman, Boston, Massachusetts
- Foreign Associate, 1989-1993

Honors and Awards

•Named a General Patent Litigator of the Year - New England by LMG Life Sciences Awards, 2019

•Named as an IP Star in Managing Intellectual Property's IP Stars, 2013, 2015-2020

•Listed in LMG Life Sciences Intellectual Property Stars, 2018 and 2019

•Listed in Massachusetts Super Lawyers and New England Super Lawyers, 2004-2012 and 2014-2019

•Named on multiple occasions to the Irish Legal 100, which is Irish America magazine's listing of the leading Irish and Irish-American lawyers practicing in North America

Publications

Selected Publications

•Quoted in Rare HHS Patent Suit May Impact HIV Drug Pricing, Access, Law360, November 14, 2019

•Quoted in Baker vetoes patent reform language in last-minute blow to tech industry, Boston Business Journal, August 13, 2018

•Quoted in One of Boston's Best-Known Companies is on the Verge of Trademarking 'Boston 2024, Boston Business Journal, June 10, 2015

•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

Speaking Engagements

Selected Speaking Engagements

•Panelist, IP Strategies for the U.S. Market, Innovation Across Borders: Strategies for Chinese Life Sciences Companies Doing Business in the U.S., Shanghai, March 7, 2019

•Speaker, PTAB Practice Post-SAS - What You Need to Know, Boston Bar Association, December 3, 2018

•Speaker, Patent Venue After TC Heartland: What We've Learned So Far, Boston Bar Association, September 27, 2017

•Speaker, Concurrent Proceedings before PTAB and District Courts, 12th Annual Advanced Patent Law Institute, United States Patent and Trademark Office, Alexandria, VA, March 9, 2017

•Chair, 18th Annual New England Intellectual Property Conference, Massachusetts Continuing Legal Education, Boston, June 15, 2015

•Speaker, 17th Annual New England Intellectual Property Conference, Massachusetts Continuing Legal Education, Boston, 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, Massachusetts, September 13, 2013

•Participant, American Conference Institute's Paragraph IV Disputes Conference, New York City, April 23, 2012

•Speaker, Biosimilars: Emerging Legal Challenges, Strafford Legal Briefings, 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 Legal Briefings, August 4, 2009

•Speaker, Patent Litigation in the Wake of the Supreme Court's eBay Decision, IP Law360 seminar, September 13, 2006