Scott Greene

Scott Greene focuses his practice on complex and high-stakes intellectual property matters, with a particular emphasis on IP life sciences disputes. He has a decade of experience representing plaintiffs and defendants, at both the trial and appellate levels, in some of their most important IP life sciences matters. Scott also has extensive experience providing patent portfolio counseling, including pre-litigation diligence, evaluating FDA regulatory issues, and untangling complicated patent licensing disputes. Scott is a registered patent attorney admitted before the USPTO.

• Engagements

  Patent Litigation - Hatch-Waxman and Small Molecule

  • Successfully represented major pharmaceutical company in defense of first-ever patent infringement action brought by the federal government relating to methods of preventing HIV infection.  Following a five-day jury and bench trial, obtained a complete jury verdict of noninfringement and invalidity of the government's patents.*
  • Represented major pharmaceutical companies in ANDA litigation involving challenges by multiple generics to patents protecting drug products for the treatment of prostate cancer and women's health conditions.*
  • Represented major pharmaceutical companies in ANDA litigation involving challenges by multiple generics to patents protecting drug product for the treatment of ovarian and other forms of cancer.*
  • Represented major pharmaceutical company in post-trial and appellate proceedings involving challenges by multiple generics to patents covering drug product for the treatment of multiple sclerosis.*

  Patent Litigation - BPCIA and Biotechnology

  • Successfully represented major biotechnology company against patent infringement claims relating to noninvasive prenatal testing services.*
  • Successfully represented major cell culture media manufacturer in defense of multiple subpoenas seeking disclosure of manufacturer's trade secrets.*
  • Represented major biopharmaceutical company in ICC international arbitration relating to manufacture and distribution of biologic and biosimilar products, including five-day arbitration hearing.*

  Patent Litigation - Medical Devices

  • Represented major medical device company in Federal Circuit appeal in defense of infringement claims relating to innovative drug transfer and delivery system.*

  License Disputes

  • Successfully represented major medical device company in defense of breach of contract claims in long-running patent licensing dispute relating to blunt cannula penetration medical valves. Achieved early summary judgment denial of all claims, which was affirmed on appeal by the U.S. Court of Appeals for the Sixth Circuit.*
  • Represented major medical device company in patent licensing dispute relating to flow cytometry technology.*

  Other Patent Matters

  • Successfully represented major manufacturer of telecommunications technology in multi-jurisdictional patent infringement dispute.*
  • Counseled biopharmaceutical and medical device clients on a wide range of intellectual property matters, including extensive pre-litigation diligence and patent portfolio development, patent litigation strategy, and FTO analysis.*
  • Advised private equity firm in connection with potential acquisition of major pharmaceutical company.*

  Pro Bono Matters

  • Successfully represented prisoner in appeal of denial of writ of habeas corpus based on Brady violation in the U.S. Court of Appeals for the Sixth Circuit.*
  • Filed amicus brief on behalf of law professors in Ninth Circuit immigration appeal on the role of Skidmore deference in administrative law following the Supreme Court's Loper Bright decision.*

  * Indicates experience completed prior to joining Orrick.