Skip to main content

Brad M. Scheller

Member

[email protected]

+1.212.692.6761

Share:

Brad is an experienced patent litigator and trial lawyer who represents clients in federal courts around the country, including US district courts and the US Court of Appeals for the Federal Circuit, before the Patent Trial and Appeal Board and at the International Trade Commission. He counsels clients in a variety of sectors, including high technology related to electronics, automotive technologies, medical technologies and various consumer products. With a background in mechanical engineering and over 15 years of experience, Brad has successfully represented patent owners’ rights against infringers, protected those rights from invalidity challenges and negotiated favorable settlements.

Brad has served as both lead and co-counsel in front of judges and juries at trial in U.S. district courts, the International Trade Commission and the Patent Trial and Appeal Board (PTAB) of the U.S. Patent Office, argued for clients at evidentiary hearings before Article III judges, deposed and defended numerous fact and expert witnesses, and successfully managed large and small litigation teams through all phases of discovery and pretrial. He has litigated intellectual property cases in District Courts throughout the United States, including the Eastern District of Texas, the Southern, Central and Northern Districts of California, the District of Delaware and the Southern and Eastern Districts of New York.

Brad’s litigation experience also extends to post-grant proceedings before the PTAB, where he has successfully defended patent owners’ rights against inter partes review (IPR) challenges and co-chairs the firm’s Post Grant practice. The Mintz post-grant team has achieved success rates for patent owners well above the industry average.

Brad is also the Editor of Mintz’ IP blog. In his spare time, he works as the bandleader and bassist for the 8-piece jump blues band, The Slicked-Up 9’s, and plays bass in New York rock act, The Incumbents.

Education

  • Villanova University (JD)
  • Lehigh University (BSME)

Recognition & Awards

  • Included on the New York Super Lawyers: Rising Stars - Intellectual Property Litigation list (2014 - 2018)

Recent Insights

News & Press

Viewpoints

Viewpoint Thumbnail

Supreme Court Holds AIA Did Not Alter the Settled Meaning of “On Sale”

January 22, 2019 | Blog | By Brad M Scheller, Peter Snell, Vincent Ferraro

Today the United States Supreme Court unanimously affirmed the Federal Circuit and held that it remains the law under the America Invents Act (AIA) that a confidential sale to a third party can trigger the “on sale” bar to patentability.
Read more
Viewpoint Thumbnail

PTAB Adopts the Phillips Claim Construction Standard in AIA Proceedings

October 11, 2018 | Blog | By Brad M Scheller, Daniel Weinger, Courtney Herndon

Today the Patent Trial and Appeal Board announced a final rule changing the claim construction standard for interpreting claims in inter partes review (“IPR”), post-grant review (“PGR”), and covered business method patent (“CBM”) proceedings.  The Board retired the broadest reasonable interpretation (“BRI”) standard in favor of the standard used to construe patent claims in federal court and the International Trade Commission (“ITC”) as articulated in Phillips v. AWH Corp.  In doing so, the Board announced that it will now consider prior constructions, either from a federal district court or the ITC, in construing a claim term in an IPR, PGR, or CBM, where such prior constructions are timely made of record.  This rule change is another positive development for patent owners and should provide for consistent construction of the same term across multiple tribunals going forward.
Read more
Viewpoint Thumbnail

PTAB Denies Institution of IPR after Successive Petitions by Unrelated Co-Defendants

September 11, 2018 | Blog | By Brad M Scheller, Daniel Weinger, Courtney Herndon

Last week, the Patent Trial and Appeal Board (the “Board”) denied a second challenge to a patent where the petitioners were co-respondents in an ITC investigation. 
Read more

Establishing Obviousness: A Fundamental Case of Evidence Over Arguments

March 1, 2018 | Blog | By Brad M Scheller, Lily Zhang

The Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review decision declaring various claims of patent owner Thales’ U.S. Patent No. 6,474,159 (“the ‘159 patent”) nonobvious.
Read more

The Medicines Company v. Hospira, Inc.

February 14, 2018 | Blog | By Brad M Scheller

The Medicines Company (“MedCo”) appealed findings of no infringement made by the United District Court for the District of Delaware. Hospira cross-appealed the district court’s finding that a distribution agreement did not constitute an invalidating “offer for sale” under 35 U.S.C. § 102(b).
Read more

SAS v. Matal – Overview of Oral Arguments in the Supreme Court

December 12, 2017 | Blog | By Adam Samansky, Brad M Scheller, Inna Dahlin

On Monday, November 27, 2017, the Supreme Court heard oral arguments in SAS Institute v. Matal.
Read more

PTAB Guidance on Motions to Amend in View of Aqua Products

November 30, 2017 | Blog | By Brad M Scheller, Jinnie Reed

On November 21st, the PTAB issued guidance on motions to amend based on the Federal Circuit’s en banc decision in Aqua Products, Inc. v. Matal, 872 F.3d 1290 (Fed. Cir. 2017).
Read more

Federal Circuit Affirms Delaware Alice Decision

November 16, 2017 | Blog | By Michael Renaud, Brad M Scheller

In issuing its precedential decision earlier this month in Two-Way Media v. Comcast, the Federal Circuit affirmed a Delaware district court determination that four data streaming patents were directed to ineligible subject matter pursuant to § 101 and the Alice framework.
Read more

General Plastic Industrial Co. v. Canon Kabushiki Kaisha: PTAB Explains Factors for Follow-On Petitions

October 9, 2017 | Blog | By Brad M Scheller, Peter Cuomo, Inna Dahlin

On September 6, 2017, an expanded panel of the Patent Trial and Appeal Board issued an “informative” decision in General Plastic Industrial Co., Ltd, v. Canon Kabushiki Kaisha setting forth the Board’s framework for analyzing follow-on inter partes review (IPR) petitions.
Read more
The Federal Circuit yesterday issued an opinion in In re: Smith Int’l, Inc., No. 2016-2303 (Fed. Cir. Sept. 26, 2017) reversing an affirmance by the Patent Trial and Appeal Board of the rejection of several claims of U.S. Patent No. 6,732,817 being challenged in ex parte reexamination.
Read more

News & Press

News Thumbnail
Mintz Member Brad Scheller was quoted in an article published by Law360 on the Patent Trial and Appeal Board’s precedential decision in Lectrosonics Inc. v. Zaxcom Inc., which demonstrates that “secondary considerations” evidence of nonobviousness, including industry praise, can prove a successful strategy for saving a patent.
This feature story discusses on the U.S. Patent and Trademark Office’s (USPTO) new final rule changing the claim construction standard for America Invents Act (AIA) reviews. Brad Scheller is among the intellectual property attorneys quoted providing commentary.
Mintz Members Kathleen Carr and Brad Scheller and Associate Inna Dahlin collaborated on an article for Bloomberg Law Patent, Trademark & Copyright Journal about the inter partes review “estoppel” rule, what circumstances may give rise to it, and how the courts can clarify and validate its use.
Fourteen Mintz attorneys have been named New York Super Lawyers for 2017 and thirteen have been named New York Rising Stars. New York Super Lawyers recognizes the top lawyers with the highest degree of peer recognition and professional achievements.  
Brad Scheller, a Member of the Mintz New York office, is featured in an American Lawyer profile. The article discusses Brad’s intellectual property practice and his passion for music outside the office.
The U.S. International Trade Commission (ITC) has announced it's launching an investigation into whether thermoplastic parts used in certain BMW, Honda, and Toyota vehicle models have infringed five patents owned by Intellectual Ventures LLC.
Mintz Member Brad Scheller, Associates Catherine Xu and Linyu Mitra, and Senior Patent Agent Gurneet Singh, authored this IP Frontline article discussing the U.S. Supreme Court case of Cuozzo Speed Techs. v. Lee, and its implications for patent practitioners.
Mintz Member Brad Scheller engaged in this in-depth Leaders League interview, providing commentary on the impact of the Brexit vote on the European Intellectual Property landscape, particularly as it pertains to the unitary patent and the United Patent Court.
Brad Scheller authored this IPFrontline article on the Patent Trial and Appeal Board’s Final Written Opinion “invalidating all examined claims of a mortgage processing patent as unpatentable for failing to claim patent eligible subject matter.”  
Thirteen attorneys from Mintz have been named New York Super Lawyers for 2014 and eleven have been named New York Rising Stars. The list will be published in a special advertising supplement in The New York Times Magazine and in a stand-alone magazine, New York Super Lawyers - Metro Edition.