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Scott A. Cole

Of Counsel


What you should know about me:

  • Known as the team member capable of averting a crisis
  • Successfully convinces two teenage daughters to stay off of social media platforms
  • Designs and constructs balsa bridges

Scott’s Experience

Since 2007, Scott has helped clients navigate complex IP litigations involving patents, trademarks, and trade secrets. His litigation experience includes traditional litigation and appeals in the federal court system, and extends to post-grant proceedings before the USPTO, investigations at the International Trade Commission, trademark oppositions before the Trademark Trial Appeal Board, and suits against the federal government in the U.S. Court of Federal Claims. Scott’s goal is always to seek the most favorable outcome with an approach tailored to the objectives and individual needs of the client.

Scott supports clients in a broad range of industries including social media, telecommunications, e-commerce/software, aerospace, national defense, medical devices, and consumer electronics.

Representative Cases

Examples of Scott’s intellectual property litigation experience are listed below:

  • Varian Medical Systems, Inc. v. Elekta AB, N.D. Cal., International Trade Commission, Patent Trial and Appeal Board (asserted and defended against patents relating to medical linear accelerators)
  • BroadSoft, Inc. v. Callwave Communications, LLC, D. Del. (declaratory judgment action defending against multiple patents concerning call processing software)
  • Pragmatus AV, LLC v. Facebook, Inc., N.D. Cal. (defended against multiple patents relating to instant messaging software)
  • Picture Patents, LLC v. Aeropostale, Inc., et al., S.D.N.Y. (defended against patents involving image linking software on the internet)
  • Multimedia Patent Trust v. DirecTV, Inc. et al., S.D. Cal. (asserted multiple patents relating to encoding/decoding of cable television transmissions)
  • Net Results, Inc. v. United States, Court of Federal Claims (asserted patent infringement of patent involving plastic and metal detection techniques for mine sweepers)
  • Certain High-Density Fiber Optic Equipment and Components Thereof (337-TA-1194), International Trade Commission, Section 337 Investigation (defended against multiple patents concerning high-density fiber optic equipment)
  • University of South Florida Research Foundation, Inc. v. Haier US Appliance Solutions, Inc., d/b/a “GE Appliances, M.D. Fla. (defended against patent relating to volumetric controls for fluid dispending)
  • IPR2020-00018 (represented patent owner in inter partes review of patent relating to merchandise security systems)
  • IPR2019-01206,1209 (represented patent owner in inter partes review of patents relating to optical communications)
  • IPR2016-00187 (represented petitioner in inter partes review of patent relating to cone beam tomography for medical linear accelerator x-ray machines)
  • IPR2014-01376, 1378 (represented petitioner in inter partes review of patent relating to sea landing of reusable launch vehicles)

Sectors

Scott focuses on the following sectors:

Practice Areas

Background & Credentials

Education

  • Purdue University (B.S., Civil Engineering 1999)
  • Chicago-Kent College of Law (J.D., 2006)

Admissions

  • South Carolina
  • Illinois
  • Virginia
  • U.S. Patent & Trademark Office
  • Court of Appeals for the Federal Circuit
  • Numerous federal district courts

Professional Activities

  • American Intellectual Property Law
  • Six-time recipient of excellence in pro-bono representation award for work representing veterans and immigration clients, on behalf of clients of the Innocence Project (2012-2017)

Honors

  • Order of the Coif
  • Chicago-Kent Law Review member and published author
  • National semi-finalist in the Giles S. Rich Memorial Moot Court competition for appellate advocacy (2005)

Publications

  • Scott A. Cole, “The Rise and Fall of Patent Law Uniformity and the Need for a Congressional Response,” 81 Chic.-Kent L. Rev. 713 (2006).

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