McAndrews Held and Malloy, Ltd | Shareholder
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Scott McBride’s practice focuses primarily on the litigation and trial of patent and complex technology cases in federal courts and before the Patent Trial and Appeal Board, and reexamination proceedings before the Patent Office. Scott has a proven ability to help clients procure or acquire valuable intellectual property to protect their business, reach advantageous arrangements for solving intellectual property disputes where appropriate, and aggressively litigate patents when necessary.
Scott has worked with a wide array of businesses and technologies, and has been particularly successful representing medical device and pharmaceutical companies, both with and without jury trials. Some of the specific technologies with which he has experience include: drug-eluting stents, angioplasty, diagnostics, surgical tools, pharmaceuticals, imaging tools, hard and soft-tissue implants, welding, unmanned aerial vehicles, gaming, electronics, satellites, telecommunications, foods, semiconductor chips, hard drives, surgical irrigation devices, electronic automation tools, operating room automation, and surgical robotics.
He helps clients resolve disputes and adjust their patent strategies in order to better protect their investments. His approach is an exceptionally effective combination of diligence and personability that emphasizes providing practical solutions to real problems. While very able to be a bulldog in court when necessary, Scott can also connect with judges, juries, and clients, and lessen or eliminate conflict when it is unnecessary. Regardless of the situation, he always emphasizes treating every person involved in a matter with the utmost respect, courtesy and professionalism.
He first-chairs complex patent, trademark and copyright actions in U.S. District Courts and before administrative bodies, and both prosecutes and defends patent infringement cases involving billions of dollars in accused product. With his litigation background, he provides extensive counseling on arbitration and intellectual property due diligence work, and oversees strategic patent prosecution. Scott has appeared as lead or backup counsel in over 100 inter partes reviews, and has presented locally and nationally on the challenges faced in, and best practices for, IPRs.
His track record includes obtaining one of the largest patent damages awards in U.S. history on behalf of a leading provider of healthcare equipment and supplies. He has also secured numerous grants of summary judgment and been involved with several exceptional case findings that have resulted in either enhanced damages for a client, or attorney’s fees, or both. Scott has also been involved in numerous major precedential Federal Circuit opinions.
Scott has written amicus curiae briefs on behalf of the Association of Patent Law Firms in the groundbreaking Phillips v. AWH Corporation case, and as counsel of record on behalf of more than twenty universities and technology transfer organizations before the United States Supreme Court in Bowman v. Monsanto. His professional experience includes service examining patents for the U.S. Patent and Trademark Office between his first and second years of law school. He also completed a full year’s worth of multi-stage patent examiner training.
Above all, Scott excels at exceeding his client’s expectations. Although he has numerous accolades from clients, this one is typical, and sums up why he’s the attorney of choice for clients facing potential IP-related litigation: “I want to thank you for your hard work and unwavering support. This was a very, VERY difficult negotiation, and I truly believe that a settlement was achieved only because of your knowledge of the law, excellent negotiating skills, and your ability to work under incredible pressure and maintain your professionalism throughout it all. It was my pleasure working with you on this one, and should we ever find ourselves in a similar situation, I cannot think of anyone better to work with than you and your team. Again, thank you for all your work on this case.”