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Scott P. McBride
Shareholder
Email. smcbride@mcandrews-ip.com
Tel. (312) 775-8000
Practice Areas
Intellectual Property; Patent Litigation; Procurement and Litigation of Patents, Copyrights, Trademarks and Trade Secrets.
Education
University of Wisconsin-Madison, B.S., Astrophysics, 1995
University of Dayton, J.D., magna cum laude, 1998
Bar Admissions
Admitted to practice in Illinois. Member of the bar of the U.S. Court of Appeals for the Federal Circuit. Registered to practice before the U.S. Patent and Trademark Office.
Professional Experience
Mr. McBride is a graduate of the University of Dayton School of Law (magna cum laude). The University of Dayton’s intellectual property program has been ranked in the top 10% of all such programs. While attending Dayton, Mr. McBride was the Articles Editor for the school’s Law Review.
Mr. McBride’s professional experience includes service as a Patent Examiner for the U.S. Patent and Trademark Office.
Mr. McBride’s scientific background includes a Bachelor of Science degree in Astrophysics from the University of Wisconsin-Madison. His professional experience includes work with a wide array of technologies, including electronic, electrical and electromechanical surgical devices, ultrasound equipment, X-ray devices, pacemakers, defibrillators, cardiac stents and cardiac catheters, drug-coated stents, semiconductors, fiber optics, satellites, electronic circuitry, computer hardware and software, air-conditioning systems, golf equipment, baby cribs, telephone systems and circuitry, and encryption.
He practices in the procurement and enforcement of intellectual property rights, with a primary focus in patent litigation. His practice also includes counseling regarding patents, trademarks, copyrights and trade secrets.
In a survey of his peers published in Chicago magazine and Super Lawyers magazine, Scott was named as one of Illinois' "Rising Stars" in intellectual property law in 2008.
Representative case examples
Representing a patent infringement plaintiff in two arbitrations in 2001 and 2002 in which the McAndrews client was awarded $166 million, in Advanced Cardiovascular Systems, Inc. v. Medtronic, Inc. & Medtronic AVE, Inc., which at the time was one of the ten largest patent infringement judgments ever awarded.
Representing a patent infringement plaintiff in a trial before a jury, in which the McAndrews client’s patent was held to be willfully infringed and not invalid. The client was awarded $4 million in damages and attorneys fees after the Court declared the case exceptional and held the opponent in contempt. Mr. McBride was also involved in opposing appeal to the Federal Circuit, which affirmed the victory in all aspects. Stryker Corp. v. Davol, Inc., 234 F.3d 1252 (Fed. Cir. 2000).
Defending against alleged infringement of four patents by accused products with total sales over $1.5B. Avoided a temporary restraining order, avoided a preliminary injunction, obtained a favorable claim construction, won summary judgment on all four patents (both for noninfringement and invalidity), won motions for Rule 11 sanctions and an exceptional case finding under 35 U.S.C. § 285, and won an award of $4.75 million in attorney’s fees and costs for the McAndrews client. 2007 U.S. Dist. LEXIS 49094; 2007 U.S. Dist. LEXIS 34467; 2007 U.S. Dist. LEXIS 13156; 2007 U.S. Dist. LEXIS 13157; 2006 U.S. Dist. LEXIS 96019; 2004 U.S. Dist. LEXIS 19949 (C.D. Cal.).
Pretrial work for a plaintiff in a patent infringement case in which the McAndrews client was awarded summary judgment on the issues of infringement, validity, and enforceability. At a jury trial, the client was awarded a finding of willful infringement and $9 million in damages, in Advanced Cardiovascular Sys., Inc. v. Medtronic, Inc., 81 F. Supp. 2d 978 (N.D. Cal. 2000), aff’d, 265 F.3d 1294 (Fed. Cir. 2001).
Pretrial and appellate work for a patent infringement defendant in a case in which the McAndrews client was awarded summary judgment of non-infringement in Rexnord Corp. v. Laitram Corp. (W.D. Wis. 2000). Prior to an appeal, the Court dismissed a misappropriation of trade secret claim against the McAndrews client. The case was ultimately settled after the Federal Circuit ruled that there were triable issues of fact on infringement. Rexnord Corp. v. Laitram Corp., 274 F.3d 1336 (Fed. Cir. 2001).
Mr. McBride was extensively involved in the settlement of a patent infringement dispute settled after trial on terms favorable to the McAndrews client. Pacesetter, Inc. v. Cardiac Pacemakers, Inc. (D. Minn.). At trial, the jury had awarded of over $9 million in patent infringement damages.
Extensive patent litigation and arbitration work on behalf of Fortune 500 clients.
Extensive patent litigation on behalf of a global leader in semiconductors. Case Nos. 05-1392 (S.D. Cal.), 05-1958 (S.D. Cal.), 04-0066 (W.D. Wis.), and 04-2416 (E.D. Pa.).
Representing patent infringement plaintiffs and defendants in claim construction (Markman) hearings.
Anecdotes
Mr. McBride has been quoted in the New York Times for work performed on behalf of a publishing company based in New York City.
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