practice areas
bar admissions
- Illinois
Court Admissions
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Western District of New York
- Chicago
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77 West Wacker Dr.
Chicago, IL 60601-5094
Phone: 312.324.1789
Fax: 312.324.1001
Scott D. Sherwin is an associate in Morgan Lewis's Litigation and Intellectual Property Practices. Mr. Sherwin focuses his practice on patent litigation and counseling. He has also works on pro bono immigration matters and actively participates in advising new tech ventures on intellectual property matters.
Mr. Sherwin's experience includes both jury and bench trials in courts throughout the country. He has represented numerous Fortune 500 companies—as both plaintiff and defendant—in complex cases involving technologies such as: Internet and e-commerce, computer hardware and software, cellular communications, and database searching and retrieval. In these patent cases, Mr. Sherwin participates in all aspects of the case from complaint to trial and appeal.
In addition to Mr. Sherwin's litigation experience, he is familiar with a variety of post-grant proceeding at the USPTO, including ex parte and inter partes reexamination requests. Mr. Sherwin also has experience with intellectual property counseling activities, such as, drafting opinions of counsel related to patent infringement, validity, and enforceability. In addition, he has been involved in patentability searches and interference proceedings.
Beyond Mr. Sherwin's intellectual property activities, he is also an active member of Chicago startup and emerging companies landscape. Mr. Sherwin assists individual entrepreneurs and speaks to larger groups about the role of intellectual property to new ventures in the context of the lean startup method.
Prior to joining Morgan Lewis, Mr. Sherwin was an associate in the intellectual property practice of an international law firm.
Mr. Sherwin earned his J.D. from the University of Pittsburgh School of Law in 2007 and his B.S.M.E. from the University of Notre Dame in 2004.
Mr. Sherwin is admitted to practice in Illinois and before the U.S. District Court for the Northern District of Illinois, the U.S. District Court for the Eastern District of Texas, and U.S. District Court for the Western District of New York.
Selected Representations
- Obtained a defense verdict of noninfringement and invalidity in a patent infringement lawsuit for a major internet search company after a jury trial in the Eastern District of Texas where plaintiff sought $28 million in damages.
- Obtained a defense verdict of no-liability for a major pharmaceutical and healthcare company in a patent false marking lawsuit after a bench trial in the Southern District of New York where plaintiff sought a $20 million fine.
- Obtained a summary judgment ruling of noninfringement in a patent infringement lawsuit for a major internet search company in the Eastern District of Texas in which the Chief Judge of the Federal Circuit sat by designation and issued the summary judgment ruling.
- Obtained a summary judgment ruling of no liability in a false patent marking lawsuit for a major manufacturer of single use food and beverage service products in the Eastern District of Virginia where the plaintiff sought more than $10 trillion. The Federal Circuit affirmed the district court's grant of summary judgment.
- Represented a major internet search company in a patent infringement jury trial in the Eastern District of Texas. The jury's finding of infringement was reversed by the Federal Circuit resulting in a victory for our client.
- Defended more than 50 false patent marking lawsuits in Federal District courts across the country. Many of these cases have been dismissed or have settled for nominal settlement payments.
Pro Bono
- Represented Mr. A from Togo in an asylum action. Mr. A was granted asylum just days after his initial hearing with the government.
- Represented Mr. S from Togo in an asylum action. Despite no political activity and no persecution based on a protected class (i.e. race, religion, gender, etc.), Mr. S was granted asylum based on a rarely used theory of an implied political belief based on association. Also represented Mr. S in bringing his family over to the United States.
education
- University of Pittsburgh School of Law, 2007, J.D.
- University of Notre Dame, 2004, B.S.M.E.