• Experience

    Scott Samay is a nationally recognized trial lawyer with over 25 years of experience litigating intellectual property and commercial disputes.  He has handled complex patent infringement matters involving a wide range of computer, telecommunication, electronic, medical device, pharmaceutical, consumer product and manufacturing technologies.  Scott has served as trial and appellate counsel in federal and state courts across the country.    He has conducted jury trials, bench trials, private arbitrations, and ITC hearings in a variety of cases.  Scott has obtained favorable rulings for his clients in high-stakes (sometimes billion-dollar) cases.  IAM’s edition of The World’s Leading Patent Professionals recognized Scott as “a real-deal, quick on his feet courtroom trial lawyer—a pleasure to work with and impressive to watch.” (IAM Patent 1000 2016).

  • Representative matters
    • Obtained summary judgment for Fortune 50 client in a copyright infringement action relating to a 2016 Super Bowl commercial and won affirmance on appeal (Southern District of New York and Second Circuit)  
    • Conducted administrative trial obtaining a finding of infringement for our client regarding its patented wrapping materials and processes for agricultural products (International Trade Commission)
    • Asserted telecommunications patent against five defendants obtaining three permanent injunctions and a royalty-bearing license agreement after winning fourteen of fourteen terms at claims construction and defeating motion for summary judgment of invalidity (Southern District of New York) 
    • Conducted a 5-week bench trial invalidating patents covering purportedly abuse-proofed oxymorphone formulations (Southern District of New York)
    • Conducted an arbitration hearing finding our client’s principal memory product was not subject to royalties under a licensing agreement (Private Arbitration) 
    • Conducted a 12-day bench trial resulting in a finding of non-infringement and invalidating patents alleged to cover the multi-billion dollar “reformulated” Oxycontin® product (Southern District of New York) 
    • Conducted a two-week jury trial adverse to a large patent pool obtaining a verdict based on estoppel (New York Supreme Court)
    • Obtained favorable claim construction ruling relating to an internet payment patent resulting in a consent judgment for our client (District of Delaware)
    • Argued Markman hearing regarding a telecommunications patent that resulted in a favorable settlement before the claims construction decision issued (District of Delaware)
    • Conducted an arbitration hearing that confirmed our client's control over pharmaceutical development of a promising new drug and rejected all breach of contract claims against our client (Private Arbitration)
    • Conducted a two-week arbitration hearing resulting in a finding of no liability for our pharmaceutical client on contract claims, which the plaintiff asserted were worth in excess of $1 billion (Private Arbitration)
    • Obtained summary judgment invalidating a pain-relief pharmaceutical patent (District of New Jersey) 
    • Obtained summary judgment invalidating patent addressed to a method of use for a blockbuster anti-cancer drug (Eastern District of Michigan)
    • Architect of damages case related to audio-coding technology that resulted in $1.5 billion jury verdict for our client — then reported to be the largest patent-damages award in history (Southern District of California)
    • Argued three Markman hearings relating to four modem patents and leveraged successful rulings to achieve a desirable settlement in private mediation (Northern District of California)
    • Defeated preliminary injunction in a patent infringement action related to the use of endothermic agents to protect flight recorder boxes (Eastern District of New York)
    • Conducted a jury trial achieving a verdict for our client in a breach-of-contract action related to a securities purchase agreement (New York Supreme Court)
  • Honors
    • Named one of IAM's Patent 1000 in The World's Leading Patent Professionals 2016-2022
    • New York Metro Super Lawyers 2012-2019
    • New Jersey Super Lawyer 2021-22
  • ProBono

    Scott’s pro bono cases include representations in which he:  

    • achieved (and preserved on appeal) a significant jury verdict in a discrimination action
    • garnered a desirable settlement just before closing arguments in a section 1983 action 
    • successfully argued for the affirmance of a manslaughter conviction on behalf of Kings County 
    • secured the return of a child in ACS custody to his mother 
    • obtained a significant award from the Victim's Compensation Fund for loss of a client’s husband in the September 11th World Trade Center attacks
  • Admitted to Practice
    • New York
    • New Jersey
    • Southern District of New York
    • Eastern District of New York
    • District of New Jersey
    • Eastern District of Michigan
    • 2nd Circuit Court of Appeals
    • Federal Circuit Court of Appeals
  • Education

    Scott obtained his J.D. degree at Columbia University Law School where he received the Archie O. Dawson Award for excellence in advocacy (resulting in brief federal court clerkships including at the U.S. Supreme Court with Justice Ginsburg).  He was also a senior editor of the Columbia Law Review and a Harlan Fiske Stone Scholar.  

    Before attending law school, Scott obtained a B.A. in Economics from Bucknell University, earned a M.B.A. from Columbia Business School, and served in management roles at United Parcel Service.

Daignault Iyer LLP

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