Scott Cunning

Practices

Industries

Education and Clerkships

J.D., George Washington University Law School, 2004, with honors, Executive Managing Editor, AIPLA Quarterly Journal, 2003-2004; Moot Court Board; Mock Trial Board

B.S., Chemical Engineering, Carnegie Mellon University, 2001

Admissions

District of Columbia

Virginia

Court Admissions

U.S. Court of Appeals for the Fourth Circuit

Court of Appeals of Virginia

Supreme Court of Virginia

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Western District of Virginia

Profile

Scott Cunning assists generic pharmaceutical companies by helping them bring generic versions of branded products to market. Scott also counsels tech companies helping them to navigate patent disputes in federal district courts. Scott’s clients value his tireless dedication and efforts to tailor his legal strategies to help their business succeed.

Scott’s experience has spanned a diverse variety of technological areas including semiconductor processing, digital data compression, implantable medical devices, medical imaging devices, electronic patient diaries and methods of drug delivery. He helps lawyers inside pharma and tech companies face high-risk patent litigation. Scott’s clients value that he invests time learning how his clients’ industries operate so that he can develop effective and efficient litigation strategies that will fit into their larger business objectives.

Scott has experience appearing before federal district courts throughout the country. Additionally, while attending The George Washington University Law School, Scott had the privilege to intern for the Honorable Richard Linn at the United States Court of Appeals for the Federal Circuit. Scott also served as the Executive Managing Editor for the AIPLA Quarterly Journal. In addition to his law degree, Scott holds a B.S. in chemical engineering.

Scott was selected for inclusion in Washington, D.C. Super Lawyers - Rising Stars Edition, Thomson Reuters, in Intellectual Property Litigation, 2014 and 2016.

Honors

Super Lawyers

Elizabeth Crompton and Scott Cunning Named 2016 IP Litigation Rising Stars

Haynes and Boone, LLP Partner Scott Cunning and Associate Elizabeth Crompton have been featured in the 2016 Washington, D.C. Rising Stars listing in the Intellectual Property Litigation category.


Published by Thomson Reuters, June 2016

Selected Client Representations

  • DSS Technology Management, Inc. v. Taiwan Semiconductor Manufacturing Company, Ltd. et al. (E.D. Tex. 2014) (Pending).
  • Otsuka Pharmaceutical Co., Ltd. v. Prinston Pharmaceutical Inc. et al. (D.N.J. 2014) (Pending).
  • Noven Therapeutics, LLC v. Prinston Pharmaceutical Inc. et al. (D.N.J. 2014) (Pending).
  • Teijin Ltd. et al. v. Prinston Pharmaceutical Inc. (D. Del. 2014) (Pending).
  • Pfizer, Inc. et al. v. Impax Laboratories, Inc. (D. Del. 2013). (Settled favorably).
  • In re Transdata, Inc. Smart Meters Patent Litigation (W.D. Okla. 2012). (Pending).
  • Eisai, Inc. et al. v. Banner Pharmacaps, Inc. et al. (D. Del. 2011). (Settled favorably).
  • Shionogi Pharma, Inc. et al. v. Impax Laboratories, Inc. (D. Del. 2010). (Settled favorably).
  • In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation (D. Del. 2009).
  • Pfizer, Inc. et al. v. Impax Laboratories, Inc. (D.N.J. 2008). (Settled favorably).
  • Purdue et al. v. Impax Laboratories, Inc. (D. Del. 2008). Defended Impax in the United States District Court for the District of Delaware and in proceedings before the Judicial Panel on Multidistrict Litigation against patent infringement suit initiated under the Hatch-Waxman Act.
  • Elan Corp., PLC v. Andrx Pharmaceuticals, Inc. (S.D. Fla. 2005). (Settled favorably).
  • Flexsys America v. Sinorgchem Shandong et al. (N.D. Ohio 2005). Represented Sinorgchem in parallel action related to ITC investigations concerning rubber antidegradants. Court granted summary judgment of non-infringement on all asserted claims.
  • Audio MPEG, Inc. et al. v. SanDisk Corp. (E.D. Va. 2006). Represented patent licensors Audio MPEG and Sisvel and four European patent holders in their multi-jurisdiction action against SanDisk for infringement of patents essential to the MP3 audio compression standard. Successfully dismissed SanDisk's declaratory judgment claim in the Northern District of California. Litigated infringement in the Eastern District of Virginia which led to a worldwide settlement.
  • PHT Corporation v. Invivodata, Inc. et al. (D. Del. 2004). Defended Invivodata against PHT's claim of infringement of a patent related to electronic patient diaries for clinical trials. Successfully obtained favorable claim construction rulings on the eve of trial which led to a favorable settlement.
  • American CalCar, Inc. v. BMW of North America, LLC (S.D. Cal. 2004). Defended BMW against American Calcar's claim of infringement on 12 patents related to multiple technologies including park-distance control, navigational systems, adaptive cruise control, and man-machine interfaces. Summary judgment was obtained on most of the patents-in-suit which led to a favorable settlement.
  • Advanced Neuromodulation Systems v. Advanced Bionics Corp. (E.D. Tex. 2004). Represented medical device manufacturer in patent infringement and trade secret misappropriation lawsuit. Lawsuit was settled favorably on behalf of the client.
  • The North Face Apparel Corp. v. Northface University, LLC (N.D. Cal. 2004). Obtained consent judgment and permanent injunction on behalf of The North Face enjoining university defendant from using the term "North Face" or variations thereof as a university name, trade name, or domain name, and abandonment of trademark applications for said terms in connection with university services.

Pro Bono Representations

  • Austin et al. v. Bolden, (D.C. Superior Ct.). Represented tenant Pierce in suit for repair of housing conditions. Case was dismissed after landlord made requested repairs.
  • Prepared trademark registration applications for non-profit group conducting charitable sporting competitions to support cardiac research.
  • Assisted refugees in successfully obtaining asylum status. 

Professional and Community Activities

  • American Intellectual Property Law Association
  • American Bar Association, Litigation Section
  • International Trade Commission Trial Lawyers Association
  • Generic Pharmaceutical Association, Associate Member

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