Industry focus
How I represent clients at Schwabe
As Schwabe’s IP Litigation group leader, I have defended clients’ key intellectual property rights in district courts across the United States for over 25 years. I have acted as first chair trial attorney for clients in patent, copyright, trademark, and trade secret cases in a wide range of industries, including semiconductor, medical devices, computer software and hardware, and recombinant DNA.
For the past several consecutive years, I have been recognized by Chambers & Partners as among the top IP litigation attorneys in Oregon. My clients have included leading semiconductor and pharmaceutical companies, world-famous publishers, anti-virus software makers, digital music providers, medical device manufacturers, and agricultural and agrochemical companies. In addition to district court litigation, I have acted as lead trial counsel in inter partes review proceedings before the Patent Trial and Appeal Board, as well as in PTO reexamination proceedings. In addition to litigation and trial of IP disputes, I also counsel clients on company-critical intellectual property strategies. Lastly, I am co-editor of Schwabe’s weekly IP newsletter Fresh From the Bench.
Chambers & Partners USA, client highlights
“Scott is a top-notch practitioner.”
“Scott Eads is a phenomenal lawyer and extremely pleasant to work with.”
“Scott is seasoned, solid, prepared and a solid professional.”
Experience
Patent Litigation
- Part of a team that successfully defended a major semiconductor manufacturer in a potentially billion-dollar case involving claims of false advertising, fraud, negligence, and breach of contract, resulting in a unanimous jury verdict of not liable on all counts.
- Representing a medical device maker in a patent infringement suit involving a continuous glucose monitoring device for diabetics. AgaMatrix v. Dexcom (Oregon).
- Represented a generic drug maker in a patent infringement suit involving the right to sell generic version of atorvastatin calcium (Lipitor®). Pfizer v. Mylan (Delaware).
- Won summary judgment dismissal of patent claim against a medical device manufacturer in an infringement suit involving a genetically modified reverse transcriptase. Invitrogen v. Becton Dickinson (Delaware).
- Won summary judgment dismissal of patent counterclaim for a semiconductor equipment manufacturer, in a patent infringement suit involving methods for metallizing semiconductor wafers. Semitool v. Novellus (Oregon).
- Won an “exceptional case” determination, attorneys’ fees, and expert fees under 35 U.S.C. § 285 in a patent infringement case brought by Dexcom, Inc. against AgaMatrix, Inc. concerning glucose sensors.
Trademark Litigation
- Won summary judgment dismissal of trademark claim against a New Zealand maker of outdoor apparel in a trademark infringement suit involving the “Icebreaker” trademark. Gilmar v. Icebreaker (Oregon).
- Represented an L.A. nightclub in a trademark infringement and trademark dilution case. The Viper Room v. Black Square Pants (Oregon).
Copyright Litigation
- Represented a magazine publisher in the first U.S. case holding a website operator liable for copyright infringement. Playboy Enterprises v. Webbworld (Texas).
- Represented the defendant in a copyright case involving a newsletter publication. Random Lengths v. Silvaris (Oregon).
Trade Secret Litigation
- Represented the defendant in a trade secret case involving alleged software misappropriation. Keybank v. Corillian (Ohio).
- Represented an agricultural company in a trade secret case involving alleged misappropriation of proprietary seed corn germplasm. Pioneer Hi-Bred v. DeKalb Genetics (Illinois).
Education
- The University of Texas, School of Law, Juris Doctor degree, with honors
- Portland State University, Master of Science in Molecular Biology
- Tennessee Tech University, Bachelor of Science in Biology, summa cum laude
Admissions
- Oregon State Courts
- U.S. Court of Appeals - Fifth Circuit
- U.S. Court of Appeals - Ninth Circuit
- U.S. Court of Appeals - Federal Circuit
- U.S. District Court - District of Oregon
- U.S. District Court - Eastern District of Texas
- U.S. Patent and Trademark Office
Memberships
- Oregon State Bar, Intellectual Property Section, Executive Committee
- Oregon State Bar, Mentorship Committee
- Oregon Patent Law Association, Member
Awards
- Recognized by The Best Lawyers in America®, “Lawyer of the Year” Patent Law in Portland, Oregon (2021)
- Recognized by The Best Lawyers in America®, Intellectual Property Litigation, Patent Law, and Trademark Law (2013-2024)
- JD Supra Readers’ Choice Awards, Top Author: Patents (2021)
- IAM Patent 1000: The World’s Leading Patent Professionals (2014-2017, 2020)
- Ranked for Intellectual Property Lawyers in Oregon, Chambers USA (2009-2023)
- Readers’ Choice Award, JD Supra (2018)
- Who’s Who Legal, Patent Law (2017)
- Intellectual Asset Management, The World’s Leading Patent Practitioners (2012-2017)
- IP Stars Oregon (2013-2020)
- Co-recipient of Willamette Management Associates Standard of Excellence Award for article “Sport of Kings: The Promise and Perils of 21st Century Patent Litigation” (2009)
Additional Publications
“The Sport of Kings: Promise and Perils of 21st Century Patent Litigation,” Willamette Management Associates, Insights, Fall 2009
Community Activities
Portland Parks Tennis Association, Former President and Board Member
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