Scott Cunning

• In re Sebela Patent Litigation. (D.N.J. 2014) (Prevailed on non-infringement and invalidity after trial).
• Afilias, PLC v. Architelos, Inc. (E.D. Va. 2015). Obtained a large jury verdict for Afilias against Architelos for theft of trade secrets, conversion, and conspiracy claims involving internet security technology.
• DSS Technology Management, Inc. v. Taiwan Semiconductor Manufacturing Company, Ltd. et al. (Fed. Cir. 2015). Argued appeal for TSMC. The Federal Circuit affirmed the lower court’s claim construction and determination of non-infringement for all asserted claims.
• Petition for inter partes review by Taiwan Semiconductor Manufacturing Company, Ltd. (IPR2014-01030). Coordinated a parallel challenge to a patent asserted against TSMC in the Eastern District of Texas. The Board determined that all claims that had been asserted in the litigation were unpatentable.
• DSS Technology Management, Inc. v. Taiwan Semiconductor Manufacturing Company, Ltd. et al. (E.D. Tex. 2014). Defended TSMC against claims of patent infringement by non-practicing entity, DSS, in the United States District Court for the Eastern District of Texas. After a favorable claim construction ruling, DSS stipulated to non-infringement for all asserted claims.
• Otsuka Pharmaceutical Co., Ltd. v. Prinston Pharmaceutical Inc. et al. (D.N.J. 2014) (Settled favorably).
• Teijin Ltd. et al. v. Prinston Pharmaceutical Inc. (D. Del. 2014) (Settled favorably).
• 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). (Settled favorably).
• 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. 

• D.C. Super Lawyers Recognizes Eight Haynes and Boone Lawyers
  04/23/2018
• Scott Cunning to Speak at Financial Times Summit
  04/23/2018
• Haynes and Boone in Law360: Stockpiling Biologics Under Hatch-Waxman Protection
  10/24/2017
• Haynes and Boone Secures Patent Trial Victory for Prinston Pharmaceutical
  06/14/2017
• The IP Beacon, June 2017
  06/13/2017
• The Biologics Tango: Reading Tea Leaves on the Patent Dance and Pre-Marketing Notice Requirements
  04/27/2017
• Scott Cunning in Financial Times: Biosimilars Set to Compete with Two of World's Biggest Drug Franchises
  07/18/2016
• Elizabeth Crompton and Scott Cunning Named 2016 IP Litigation Rising Stars by Thomson Reuters
  06/14/2015
• IP Beacon, April 2016
  04/26/2016
• Scott Cunning and Mini Kapoor for Houston Law Review: Circumstances Mandating A Commercial Marketing Notice By A Biosmilar Applicant Ripe for Guidance from the High Court
  02/23/2016