Overview

Scott M. Flanz is a trial lawyer concentrating in technology and intellectual property litigation.

Scott has a record of success resulting from the early development of litigation strategies that align with client business objectives. Recognized for his attention to detail and commitment to client service, Scott is regularly relied upon to handle high-stakes matters on behalf of the world’s leading companies. 

Scott’s practice is guided by his rigorous technical foundation, enabling him to understand the complexities of his clients’ technologies and communicate the relevant details plainly to layperson juries. As a result, Scott has represented companies and their management in a diverse spectrum of industries, with technologies spanning software and hardware integration, semiconductors, consumer electronics, optics, industrial machinery, mechanical devices, commercial and residential products, financial products, and pharmaceuticals. 

Scott has represented clients in a broad array of forums, including federal and state courts across the country at both the trial and appellate level, the U.S. International Trade Commission, the Patent Trial and Appeal Board, and Customs and Border Protection. Leveraging this experience, he has often achieved favorable outcomes for clients by developing complex, multi-forum strategies. 

Scott’s litigation experience covers all aspects of offensive and defensive complex civil disputes, from due diligence and pre-filing investigation through trial and appeal. His litigation and stand-up experiences include preparing and conducting examinations at trial, taking and defending dozens of depositions, preparing witnesses for both deposition and trial testimony, writing and arguing substantive and dispositive motions, and working on all aspects of fact and expert discovery. 

As a registered patent agent, Scott also counsels clients before the U.S. Patent and Trademark Office, including in patent prosecution strategy and inter partes review. He has likewise advised clients regarding IP transactions, including performing valuation, validity, exclusivity, and freedom to operate analyses in connection with multi-billion-dollar transactions.  

Prior to joining Fish, Scott practiced IP litigation at a large general practice law firm in New York. He completed his J.D. at Stanford Law School, where he was the editor-in-chief of the Stanford Technology and Law Review, the technology representative to the Stanford Law Association, and a student representative to the Stanford Law and Policy Task Force. He graduated Phi Beta Kappa and cum laude from Cornell University with a double major in mathematics and physics. While at Cornell, he performed research at Cornell’s laboratory of atomic and solid-state physics, where he used optics and high-frequency electronics to study Bose-Einstein condensation. 

Scott was born and raised in Massachusetts and now lives with his wife and daughter in New Jersey. He is a movie lover and an avid golfer.

Experience

Confidential Client (W.D. Tex.) - Represented a Fortune 100 consumer electronics company in federal district court patent litigation regarding integrated circuitry technology. Resolved with a favorable settlement.

Certain Movable Barrier Operator Systems and Components Thereof (Inv. No. 337-TA-1209E) - Represented The Chamberlain Group in an ITC enforcement action brought by competitor Overhead Door to enforce a prior ITC exclusion order relating to patents concerning communication and power saving technologies. Resolved with a favorable settlement following evidentiary hearing.

The Chamberlain Group LLC v. Overhead Door Corp. (E.D. Tex.) - Represented The Chamberlain Group in federal district court patent litigation against competitor Overhead Door relating to remote barrier operation technology. Won a $43.3 million jury verdict and a running royalty in addition to more than $1.1 million in attorneys' fees.

The Chamberlain Group (CBP) - Represented The Chamberlain Group in its redesign of barrier operation communication technology. Presented the redesign to the Customs and Border Protection Enforcement Branch as part of a Part 177 Ruling Request. Redesign approved for importation.

Confidential Client (S.D.N.Y.) - Represented a large financial institution in federal district court patent litigation regarding authentication token technology. Secured stipulated motions to dismiss.

Confidential Client (W.D. Tex.) - Represented a market leading fire safety products manufacturer in a federal district court patent litigation concerning four patents related to connected devices and safety technologies. Resolved on the eve of trial in a favorable settlement.

Confidential Client (ITC, D. Del.) - Represented a multinational HVAC company in patent litigation brought in federal district court and the International Trade Commission relating to smart thermostat technology. Won determination of no violation.

Confidential Client (D. Mass., PTAB) - Represented software services company in a five-patent federal district court litigation brought by a competitor related to website activity tracking technology. Invalidated one patent under Section 101 and the majority of the remaining patent claims before the Patent Trial and Appeal Board. Resolved with a favorable settlement on appeal.

Confidential Client (W.D. Tex.) - Represented a Fortune 100 consumer electronics company in federal district court patent litigation regarding cellular and transmission technology. Resolved with a favorable settlement.

ZeniMax Media Inc. v. Oculus VR Inc. (N.D. Tex.)* - Represented ZeniMax in a trade secret misappropriation, copyright infringement, and false designation federal district court litigation against Oculus VR relating to virtual reality and latency technologies. Won a $500 million jury verdict. (*Representation prior to joining Fish)

Delta Apparel, Inc. v. David Peyser Sportswear, Inc. (M.D. Ala., N.Y. Sup. Ct.)* - Represented David Peyser Sportswear in multi-forum trade secret misappropriation, copyright infringement, and contract dispute regarding enterprise software technology. Resolved with a favorable settlement. (*Representation prior to joining Fish)