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) and medical devices (orthopedics and heart monitors). He is a co-leader of the IP MedTech Working Group. Scott also has experience litigating matters concerning consumer products (home appliances, retail products and packaging, and office furniture), ecommerce, 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.
Pro Bono
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, 2023)
Named, National Immigrant Justice Center (NIJC) Rising Star (2017)