Scott Cunning is an associate in the Intellectual Property Litigation section of Haynes and Boone's Washington, D.C. office with a particular emphasis on patent litigation. He has extensive experience in all stages of trial preparation and has also counseled clients through mediation proceedings.
Mr. Cunning has represented both patentees and alleged infringers in federal courts throughout the country and has also participated in global multi-jurisdictional patent disputes. He has litigated cases in a variety of technological areas including digital data compression, implantable medical devices, medical imaging devices, electronic patient diaries, and methods of drug delivery. Over the past few years, Mr. Cunning's practice has focused on pharmaceutical litigation related to the Hatch-Waxman Act, usually representing the ANDA applicant. In addition to litigating patent cases, Mr. Cunning has experience with copyright and trademark disputes.
While attending The George Washington University Law School, Mr. Cunning interned for the Honorable Richard Linn at the United States Court of Appeals for the Federal Circuit. Mr. Cunning also assisted Professor Roger Schechter in the preparation of a course on "gray goods" tailored specifically to the European Union that Professor Schechter delivered during a six-week summer program in Munich. In addition to his law degree, Mr. Cunning holds a B.S. in chemical engineering.
- Shionogi Pharma, Inc. et al. v. Impax Laboratories, Inc. (D. Del. 2010) (Pending).
- Pfizer, Inc. et al. v. Impax Laboratories, Inc. (D.N.J. 2008) (Pending).
- 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
- Prepared trademark registration applications for non-profit group conducting charitable sporting competitions to support cardiac research.
- Assisted Ugandan refugee in successfully obtaining asylum status.
- American Intellectual Property Law Association
- American Bar Association, Litigation Section