Scott Lindvall

Scott G. Lindvall

Partner

Scott Lindvall has extensive first chair trial experience with a focus on patent litigation involving a wide range of technologies for some of the world's largest and most sophisticated companies. With more than 30 years of experience, Mr. Lindvall has successfully tried a number of significant patent infringement cases to verdict and has achieved highly successful pretrial settlements. For example, Mr. Lindvall was lead trial counsel for a major wireless telecommunications company in which a jury verdict was entered shielding the company from alleged damages for patent infringement in excess of US$400 million, one of the largest defense verdicts of that year. He recently represented an aerospace company as lead trial counsel in which the jury found for his client on all claims including willful patent and trade dress infringement and awarded significant compensatory and punitive damages. 

Most recently, he represented Nintendo as lead trial counsel before Judge Rakoff of the SDNY in which the Court found no infringement and shielded Nintendo from a prior US$15 million judgment. Mr. Lindvall also represented a major software company, CA Technologies, in a trade secret case, in which his client received a cash settlement of US$50 million on the eve of a jury trial.

Experience

  • Tomita Technologies v. Nintendo as lead trial counsel; obtained a decision from Judge Rakoff of the Southern District of New York clearing Nintendo of infringement and shielding Nintendo from a prior US$15 million verdict.
  • Ateliers De La Haute-Garrone v. Broetje Automation GMBH as lead trial counsel before a Delaware jury; obtained a verdict on all claims including state law unfair competition and willful trade dress and patent infringement claims. The jury awarded significant compensatory and punitive damages to the client.
  • Freedom Wireless v. Verizon Wireless as lead trial counsel for Verizon Wireless; obtained a jury verdict shielding the client from potential exceeding US$400 million. The case involved prepaid cellular technology.
  • CA, Inc. v. Rocket Software in representing CA, Inc. (formerly Computer Associates), a major software development company, in a trade secret and copyright infringement case, in which the client received a cash settlement of US$50 million on the eve of a jury trial. The case involved allegations that ex-CA software developers stole source code and the development environment to create software tools for the IBM DB2 relational database management system.
  • Glaxo Wellcome v. Apotex and Torpharm in successfully asserted patents on behalf of Glaxo Wellcome (GlaxoSmithKline) covering the blockbuster drug Zantac® in a Hatch-Waxman action. Zantac®'s annual sales at the time were in excess of US$3 billion.
  • Vraston Trading v. NYSE as lead counsel defending the New York Stock Exchange in a patent infringement suit seeking hundreds of millions of dollars in damages. After bringing a motion to dismiss based on patent invalidity, plaintiff voluntarily dismissed the complaint.
  • Verizon Communications v. Agilent as lead counsel for Verizon; obtained very favorable settlement after asserting several claims relating to telecommunication network monitoring.
  • Alfred Mann Foundation v. Cochlear Corp. in representing AMF in a patent suit involving cochlear implants used for restoration of hearing. After a several-day Markman hearing, a Special Master issued a 180-page decision adopting virtually every claim construction advocated by AMF. This decision ultimately led to a successful finding by a jury of infringement of AMF's patents.
  • Rolls Royce v. United Technologies Corp. in representing Rolls Royce in patent infringement suit in the Eastern District of Virginia and the ITC involving turbofan engine technology.
  • Aerotel v. Verizon Communications after filing a motion for summary judgment of non-infringement on behalf of Verizon; obtained very favorable settlement for client.
  • Information Protection and Authentication of Texas v. CA, Inc. (formerly Computer Associates) acting as lead counsel for CA, Inc.; successfully defended the client from allegations of patent infringement relating to anti-virus software.

Recognition

Benchmark Litigation
Patent Litigation – National Star, New York Local Star (2015–2016)
New York Super Lawyers
Intellectual Property Litigation (2011–2015)

Credentials

Education
  • JD, William & Mary Law School, 1986
  • MS, Mechanical Engineering, Washington University, 1982
  • BS, Aerospace Engineering, Virginia Tech, 1980, cum laude
Admissions
  • New York
  • District of Columbia
  • US Patent and Trademark Office
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the First Circuit
  • US Court of Appeals for the Fourth Circuit
  • US District Court, Eastern District of Texas
  • US District Court, Eastern District of Virginia
Activities
  • Board of Trustees, Marshall-Wythe School of Law Foundation
Overview

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