Schwabe’s IP Litigation group leader Scott Eads has defended his clients’ key intellectual property rights in district courts across the United States for over 25 years. Scott has 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, Scott has been recognized by Chambers & Partners as among the top IP litigation attorneys in the state of Oregon. His clients have included leading semiconductor and pharmaceutical companies, world-famous publishers, makers of anti-virus software, digital music providers, medical device manufacturers, agricultural and agrochemical companies. In addition to district court litigation, Scott has 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, Scott counsels his clients on company-critical intellectual property strategies. Scott is also co-editor of Schwabe’s weekly IP newsletter Fresh From the Bench.

Experience

Patent Litigation

• 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).

Memberships

• Oregon State Bar, Intellectual Property Section, Executive Committee
• Oregon State Bar, Mentorship Committee
• Oregon Patent Law Association, Member

Awards

• Ranked for Intellectual Property Lawyers in Oregon, Chambers USA (2009-2019)
• Who's Who Legal, Patent Law (2017)
• Best Lawyers in America Award: Intellectual Property Litigation, Patent Law, and Trademark Law (2013-2019)
• Intellectual Asset Management, The World’s Leading Patent Practitioners (2012-2017)
• Managing IP, IP Star (2013-2017)
• Co-recipient of Willamette Management Associates Standard of Excellence Award for article “Sport of Kings: The Promise and Perils of 21^st Century Patent Litigation” (2009)

News

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

Services