Scott D. Sherwin

Additionally, Scott proactively helps companies before there is a dispute with business and legal strategies to defend their market share from unfair and improper competition.

Scott’s background in engineering, combined with his emphasis on financial modelling, and his relentless focus solving complex business problems with practical legal solutions, allows him to form unique patent litigation strategies, tactics, and negotiating positions. Scott counsels established companies and startup ventures on IP matters for a variety of technologies. He represents clients in the consumer products (home/professional power tools, eyewear/optical, retail products and packaging, and office furniture), ecommerce, computer hardware and software, cellular communications, and database searching and retrieval industries.

Scott also serves as a co-leader of the firm’s IP MedTech Working Group, with a focus on regulated and unregulated medical devices (i.e., orthopedics, heart monitors, and eyewear/optical).

An active member of the Chicago startup and emerging companies landscape, Scott advises individual entrepreneurs about the role of intellectual property to new ventures in the context of the lean startup concept and speaks extensively on this topic.

Scott’s commitment to pro bono work involves various types of immigration cases. He successfully represented clients in asylum and deferred action proceedings.

• Obtained a $45 million jury award for plaintiff HID Global against its competitor in the District of Delaware; served as lead technical counsel at trial, and the team secured a complete victory with the jury who found the defendants liable for willful trade secret misappropriation and liable for willful patent infringement
• Obtained a plaintiff victory for a major military helmet manufacturer, with client obtaining a royalty for past and future use of its helmet system patents, among other favorable terms 
• Obtained a General Exclusion Order from the ITC to prevent the importation of infringing battery packs for power tools, supporting the client’s long-standing efforts to protect its IP and defend its market share
• Obtained a plaintiff verdict of willful infringement, validity, and $25+ million in damages for a major power tool manufacturer against one of its direct competitors in a patent infringement jury trial in the Eastern District of Wisconsin
• Obtained a defense victory for a boat manufacturer against a competitor’s patent infringement allegation involving swim steps, with multiple claims of the patent being held invalid and the remaining claims were not infringed by any version of the swim step as a matter of law
• Obtained final written decisions of validity for a major power tool manufacturer based on their foundational patents on high-power lithium-ion battery packs for power tools; several competitors represented by multiple firms filed 12 separate IPRs against the three core patents in the portfolio, and the USPTO found that all claims of all patents were valid.
• Obtained a defense verdict of non-infringement 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 $25+ 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 non-infringement 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 over $10 trillion in fines; 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 complete victory for our client
• Defended more than 50 false patent marking lawsuits in federal district courts across the country, with many being dismissed without any payment or settled for very nominal settlement payments.

Pro Bono

• Represented several DREAMer applicants by obtaining deferred action and right to work permits under President Barack Obama's June 15, 2012 decision regarding Deferred Action for Childhood Arrivals
• Represented Mr. A from Togo in an asylum action, with Mr. A being granted asylum just days after his initial hearing with the government
• Represented Mr. S from Togo in an asylum action and in bringing his family to the United States; 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