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Scott Schrader has over 20 years of experience guiding clients through complex high-stakes disputes, with a particular expertise in cross-border disputes and cases involving complex technical issues. Mr. Schrader has handled cases at all stages of the dispute resolution process, from inception of litigation through trial and appeals, in jury and bench trials, and before U.S. district courts, the U.S. International Trade Commission, and arbitral fora. He has been recognized as a Super Lawyer in the area of Intellectual Property Litigation.
In addition to handling intellectual property disputes, Mr. Schrader has defended clients in shareholder derivative actions, securities litigation, environmental insurance coverage claims and lender liability claims, and he also has handled disputes over license and distribution agreements, lease agreements, credit agreements and letters of credit, as well as defending numerous individuals and institutions in regulatory and criminal enforcement proceedings. Mr. Schrader also frequently counsels clients on dispute resolution and intellectual property issues arising in connection with business transactions, including acquisitions and investments.
Before becoming a lawyer, Mr. Schrader was an electrical engineer, designing components for complex radar systems, including a low noise amplifier module for which he won the George Westinghouse Signature Award of Excellence.
- Defended a leading Korean multinational company in multiple U.S. International Trade Commission (“ITC”) investigations and trials involving claims of patent infringement directed to mobile handsets, displays and other consumer electronic devices.
- Defended a leading Chinese multinational telecommunications equipment company in an ITC investigation and trial in which mobile telephones and other devices were accused of infringement.
- Defended a leading US multinational software company against claims of patent infringement directed to video processing software.
- Counseled a leading Japanese multinational pharmaceutical corporation in connection with intellectual property issues relating to multiple acquisitions.
- Represented a DSL (digital subscriber line) component manufacturer in litigation and trial in a dispute involving patent infringement and antitrust claims relating to several DSL patents and DSL industry standards.
- Defended a food manufacturer in litigation and trial in a patent infringement dispute relating to a dual-textured pet treat.
- Defended a fiber-optic telecommunications network provider in a shareholder dispute involving misrepresentation and related claims in connection with early-round investments in the company.
- Represented a leading EDA (electronic design automation) vendor in patent infringement actions involving systems and methods used to simulate and emulate integrated circuit designs.
- Represented a start-up EDA vendor in a patent infringement case involving partitioning, communication, synchronization and resynthesis techniques used in modeling circuit designs with FPGA (field programmable gate array) chips.
- Defended a global provider of Internet content delivery services against claims of trade secret misappropriation relating to information allegedly obtained from a third-party vendor that provided performance testing measurements of web page download times.
- Defended a Japanese manufacturer of semiconductor test equipment in arbitration against claims of breach of a license agreement relating to mixed-signal testing technology used in the testing of SOC (system-on-a-chip) designs.
- Represented a pharmaceutical services provider in a patent infringement action relating to automated drug dispensing systems.
- Defended a REIT organization and its officers and directors against multiple shareholder actions involving breach of fiduciary duty and related claims arising out of the approval of a plan of liquidation.
- Defended a leading national law firm against a motion to disqualify based on an alleged conflict of interest.
Pro Bono
- First chair defense of criminal case in Superior Court of California, Marin County. After two-day trial, secured "not guilty" verdict on all counts.
Memberships and Affiliations
- American Bar Association, Section of Litigation
- Intellectual Property Owners Association
- San Francisco Bay Area Intellectual Property Inn of Court
- Institute of Electrical and Electronics Engineers
Previous Experience
- Westinghouse Electric Company, Electrical Design Engineer (1984-89)
Damages and the Use of Experts in U.S. and Korean IP Litigation
May 27, 2019, Korean Intellectual Property Lawyers Association ("KIPLA") International Seminar, Seoul, Korea
Recent Developments in U.S. Law Affecting Hatch-Waxman Litigation
May 17, 2019, Covington Seminar at Korea Pharmaceutical and Bio-Pharma Manufacturers Association ("KPBMA"), Seoul, Korea
Protecting Technical Information as Trade Secret
October 17, 2018, International IP Court Conference, Daejeon, Korea
Emerging Technology and New IP Issues
November 2, 2017, Korea Intellectual Property Association ("KINPA") Annual Meeting
Samsung Springs Toshiba Out Of LCD Screen IP Suit
October 25, 2017, Law360
Law360 highlights Covington’s role in a decisive patent litigation victory on the eve of trial. Covington client Samsung Display Company intervened in a lawsuit that accused its customer Toshiba of patent infringement. Following successful inter partes review petitions that eliminated several asserted patents, Covington prevailed on motions for summary judgment ...
Changes to the Federal Rules of Civil Procedure
2016, UBIC and Covington Joint Seminar on Current Issues in U.S. Litigation
Patent Office Trials and Litigation Strategy
2015, UBIC and Covington IPR and Patent Litigation Joint Seminar
Global Patent Litigation Strategies
2015, International Association of Korean Lawyers (IAKL) Annual Conference
Washington-area appointments and promotions for Oct. 20
October 20, 2014, The Washington Post
"Covington & Burling of the District appointed Ashley Bass, Robin Blaney, Krista Carver, Jeffrey Davidson, Nicole Duclos, Shankar Duraiswamy, Scott Freling, David Garr, Andrew Lazerow, Michael Lechliter, Anne Lee, Scott Schrader, Nathan Shafroth and Ranganath Sudarshan partners."
Covington Promotes 15 Lawyers to Partnership
October 1, 2014
WASHINGTON, DC, October 1, 2014 — Covington & Burling is pleased to announce that it has elected 15 lawyers to its partnership effective today. “Our new partners come from six firm offices and practice in a variety of areas that are of great importance to the firm’s clients,” said Timothy Hester, chair of Covington’s management committee. “These are all superb ...
August 8, 2014
SAN FRANCISCO, August 8, 2014 — Northern California Super Lawyers named Tammy Albarrán one of Northern California’s “Top 50 Women” lawyers and Robert Haslam one of the region’s “Top 100” lawyers. The publication selected 33 Covington & Burling lawyers for its 2014 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who ...
Covington Advises Microsoft in Standards-Essential Wireless Patents Portfolio Transaction with MOSAID and Nokia
September 2, 2011
SAN FRANCISCO, September 2, 2011 — Covington & Burling LLP represented Microsoft Corp. in a patent monetization transaction involving the acquisition by MOSAID Technologies Incorporated of Core Wireless Licensing S.a.r.l., a Luxembourg company that holds a portfolio of 400 patent families, consisting of approximately 2,000 wireless patents and patent ...
8/7/2008
WASHINGTON, DC, August 7, 2008 — On August 5, Intercell AG completed its acquisition of Iomai Corporation (now known as Intercell USA, Inc.) in a deal that will create a leading traveler’s vaccine portfolio. Covington & Burling LLP advised Intercell on the transaction. Intercell is a growing biotechnology company which focuses on the design and development of ...
Covington Advises Encysive on Pfizer Deal
2/21/2008
WASHINGTON, DC, February 21, 2008 — Encysive Pharmaceuticals Inc. announced yesterday that it has entered into an agreement to be acquired by Pfizer Inc. Under the terms of the agreement, Pfizer will make a cash tender offer for all issued and outstanding shares of Encysive for $2.35 per share, representing an equity value of approximately $195 million. ...
Real Life Case Studies Where the Due Diligence Went Terribly Wrong
2007, ACI’s Conference on Life Sciences IP Due Diligence
Covington Advises Abbott Laboratories in $3.7 Billion Acquisition of Kos Pharmaceuticals, Inc.
11/06/2006
NEW YORK, NY, November 6, 2006 — Abbott Laboratories (NYSE: ABT) announced the acquisition of Kos Pharmaceuticals (NASDAQ: KOSP) through a cash tender offer of $78.00 per common share, or $3.7 billion. Covington & Burling LLP represented Abbott in the transaction. Abbott is a global, broad-based health care company devoted to the discovery, development, ...
Covington Represents Eisai In $205 Million Acquisition of Four Oncology-Related Products
9/13/2006
WASHINGTON, D.C., September 13, 2006 — Covington represented both Eisai Co., Ltd. and Eisai Inc. in the recent $205 million product acquisition agreement with Ligand Pharmaceuticals. Eisai obtained exclusive global rights to four products, including ONTAK®, Targretin® capsules, Targretin® 1% gel and Panretin® 0.1% gel. This acquisition will help to ...
Managing Litigation Risks
2006, ACI Corporate Counsel's Guide to Software Patents Seminar
Lost Profit Damages: Calculating the Value of Patents, The Impact of Alternatives, Price Erosion, and Convoyed Sales
2004, Law Seminars International's Calculating & Proving Patent Damages workshop
Pre-Litigation Considerations in Intellectual Property Disputes
2004, Findlaw Corporate Counsel Series IP Strategies in Deals seminar
- Chambers Global, Intellectual Property (2018-2020)
- Chambers Asia-Pacific, Intellectual Property (2018-2019)
- IAM Patent 1000, South Korea - Foreign (2018-2019)
- Northern California Super Lawyers, Intellectual Property Litigation (2014-2015)