Scott D. Sherwin is a patent litigator with jury and bench trial experience in US District Courts, Inter Partes Review (IPR) experience before the US Patent and Trademark Office (USPTO), and appeal experience before the Federal Circuit. Scott counsels both established companies and startup ventures on intellectual property (IP) matters. He also actively works on pro bono immigration and nonprofit IP matters.
Scott has successfully represented patent owners in a jury trial with a verdict of more than $25 million, and has successfully defended against allegations of infringement with a jury verdict of non-infringement and invalidity. He has taken the lead at Markman hearings, and has argued numerous motions throughout the United States. In addition to his trial court experience, Scott also drafts opinions related to patent infringement, validity, and enforceability; and conducts patentability searches.
With an academic background in engineering, Scott has patent litigation experience with a variety of technologies including professional tool systems (Li-ion batteries, power tools, and hand tools), medical devices (orthopedics and heart monitors), consumer products (home appliances, retail products and packaging, and office furniture), e-commerce, computer hardware and software, cellular communications, and database searching and retrieval.
An active member of the Chicago start-up and emerging companies landscape, Scott assists individual entrepreneurs and speaks to groups about the role of intellectual property to new ventures in the context of the lean start-up concept.
Scott is firmly committed to his pro bono practice. In addition to the intellectual property matters, he takes on immigration cases and successfully represented clients in various types of asylum and deferred action proceedings.
Before joining Morgan Lewis, Scott was an associate in the intellectual property practice of an international law firm.
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 complete defense victory for a boat manufacturer against a competitor’s patent infringement allegation involving swim steps. The matter involved an IPR before the PTAB, a jury trial in the Eastern District of Virginia, supplemental argument about a new version of the swim step, and two appeals to the Federal Circuit. Ultimately, multiple claims of the patent were 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 (3) core patents in the portfolio. 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. Many of these cases have been dismissed without any payment or have settled for very nominal settlement payments.
Represented several DREAMer applicants by successfully 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 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.
University of Pittsburgh School of Law, 2007, J.D.
University of Notre Dame, 2004, B.S.M.E.
US Court of Appeals for the Federal Circuit
US District Court for the Northern District of Illinois
US District Court for the Western District of New York
US District Court for the Eastern District of Texas
US District Court for the Eastern District of Wisconsin
DOJ Board of Immigration Appeals (EOIR)
Awards and Affiliations
Recommended, Patents: litigation (full coverage),The Legal 500 US (2020–2022)
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
Member, Litigation Department of the Year–Intellectual Property, The American Lawyer (2019)
Recognized, Litigation – Intellectual Property, Chicago, The Best Lawyers in America (2020, 2022)
Named, National Immigrant Justice Center (NIJC) Rising Star (2017)