J. Scott Anderson

Mr. Anderson’s practice is devoted to helping clients identify, protect, and generate value from their intellectual property rights. He has worked with leading innovators at global Fortune 100® companies, major research universities, and high-tech startups, all of whom recognize that intellectual property represents a valuable and powerful intangible asset for businesses today.

Mr. Anderson brings a unique perspective to intellectual property matters because he has many years of experience in both patent prosecution and intellectual property litigation, including high-stakes patent litigation. His practice also includes strategic counseling and pragmatic advice regarding patents, trade secrets, trademarks, domain names and copyrights.

Mr. Anderson’s patent practice includes patentability analysis, freedom-to-operate opinions, and infringement studies. For patent-related disputes, his experience includes licensing and related agreements, patent portfolio analysis, competitive threat assessment, and design-around alternatives.

A registered patent attorney since 2001, Mr. Anderson has extensive experience in drafting and prosecuting patent applications for mechanical systems, medical devices, electronics and software, and computer-implemented business methods. He has prosecuted patent applications covering major advances in aviation electronics, aircraft surveillance and collision avoidance, microscopic technology, relational database mathematics, orthopedic surgery and fracture fixation, laser-projected displays, fleet monitoring, and logistics-related business methods. He also has experience with re-examinations, re-issue applications, and design patent applications.

Before attending law school, Mr. Anderson worked for five years as a consulting mechanical engineer. He designed mechanical systems including industrial process piping control and instrumentation, heating and cooling, industrial ventilation, and automated assembly systems.

Awards & Recognitions

• Mr. Anderson has achieved the prestigious AV Preeminent® Rating (highest possible rating) in the Martindale Hubbell Legal Directory based on peer review by lawyers and judges.
• In 2006, Mr. Anderson accepted a one-year teaching fellowship at Franklin Pierce Law Center (now the UNH School of Law), where he earned his LL.M., co-directed the Intellectual Property Amicus Clinic, and co-authored an amicus brief that was submitted to the U.S. Supreme Court in KSR Int’l v. Teleflex Inc., 550 U.S. 398 (2007), a landmark case in the area of patent law.

Representative Experience

• Represented a local company against one of the largest sports equipment companies in the U.S., negotiating a favorable settlement and license agreement.
• Represented a Fortune 100 shipping and logistics company in a patent infringement lawsuit involving wireless avionics, including a two-week trial. Second-chair trial work included direct examination of technical expert, cross-examination of patent attorney, preparation of witnesses, and numerous pre‑trial motions.  Lead counsel for more than a dozen depositions. Managed discovery, motion practice, two experts, and invalidity strategy.
• Represented two inventors against one of the largest wireless telecommunications companies in the U.S. and its Fortune 500 client, driving the patent infringement litigation toward a favorable settlement and negotiating a long-term license agreement.
• Represented the second largest bank card processor in the U.S. in response to claims of patent infringement related to call center processing and software.
• Analyzed a portfolio of software-driven targeted-advertising patents for a publicly‑traded multimedia technology company for potential licensing or sale to online content providers.
• Advised a publicly traded company on the protection of trade secrets in connection with a joint development agreement with a major vendor.

Selected Presentations & Publications

• Intellectual Property Overview, Embry-Riddle Aeronautical University (October 22, 2013)
• “Patent Applicants With Micro Entity Status Get a 75% Discount on Fees,” FisherBroyles Intellectual Property Law Update (May 2013).
• “Five Reasons to File Provisional Patents,” FSB Intellectual Property Law Update (February 2012).
• Contributor, “Annual Review of Intellectual Property Law Developments,” American Bar Association(2009).
• “Green Claims and Trademark Law: Is it False Advertising?” Ballard Spahr IP Intelligence Report (April 2009).
• “The Landscape for Business Method and Software Patents Has Been Changed: In re Bilski,” with Anthony J. DoVale & Gregory J. Kirsch, Atlanta CEO Counsel, Connections (2008).
• “Federal Circuit Rejects Signal Claims as Non-Statutory Subject Matter,” with Gregory J. Kirsch,Journal of the Chartered Institute of Patent Attorneys (U.K., November 2007).
• “Painstaking Semantics: Selecting Website Trade Dress Elements to Survive a Copyright Preemption Challenge,” John Marshall Intellectual Property Law Journal (Fall 2007).
• “State Sovereign Immunity for Claims of Patent Infringement,” Pierce Law Review, Symposium(presented April 2007).
• “The Research Tax Credit: Reward True Innovators, “ The National Law Journal (an op-ed essay, July 2005).
• “The Value of Quality Patent Preparation and Prosecution Increases under Festo,” with Bruce Rose and John Wasleff, The Electronic Banking and Commerce Report (2001).

Interesting Facts
Mr. Anderson grew up watching rockets launch from Cape Canaveral, attended college on a music scholarship, once ran a half-marathon, and he enjoys snow skiing, serious films, and oil painting (in spite of his red-green color-blindness).  Mr. Anderson is also the proud father of twin boys.