Overview
Scott Howard has successfully represented his clients in bet-the-company patent litigation. He has tried more than 15 patent cases in federal court and before arbitration panels representing medical device manufacturers, chemical companies, and industrials. He has also successfully argued an appeal before The United States Court of Appeals for The Federal Circuit. He also advises clients on issues relating to potential infringement and validity of patents. Mr. Howard has also prosecuted various patent applications and reissues for the purpose of litigation. In addition, Mr. Howard advises clients and the firm's Corporate Department regarding patent issues in corporate transactions.
Representative Matters
Patent Litigation
All phases of U.S. patent litigation in both federal and district court and before the ITC for medical device, mechanical and chemical concerns.
Successfully defended a major toothpaste manufacturer in federal district court against a claim of patent infringement. Following a bench trial, the district court held the asserted patent unenforceable due to inequitable conduct and awarded attorney fees. The Federal Circuit affirmed.
Successfully represented branded drug manufacturer in ANDA infringement litigation in district court. The Federal Circuit affirmed.
Successfully represented a major coronary stent manufacturer both in prosecuting and defending patent infringement lawsuits in both federal and district court and in arbitrations. Jury verdicts of $324 million and $271 million and arbitration award of $425 million.
Successfully represented a major medial device in litigation and arbitration surrounding disputes with licensees.
Successfully represented a manufacturer of water filtration equipment in its claim for patent infringement and theft of trade secrets.
Defended a major European manufacturer before the International Trade Commission (ITC) against a claim for infringing a patent relating to high-speed sorting equipment.
Commercial Transactions
Advise clients and commercial lawyers about patent issues in deals involving intellectual property.
Opinion Work
Drafting validity and infringement opinions on mechanical and electrical commercial products.
Other
Commercial litigation concerning contracts, antitrust and trade secret disputes.