Brad M. Scheller

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  • Villanova University (JD, 2004)
  • Lehigh University (BSME, 2001)

Bar Admissions

  • New York
  • United States Patent and Trademark Office

Brad focuses his practice on patent disputes in Federal District Courts and at the US Court of Appeals for the Federal Circuit.  With over 12 years of experience, Brad has handled disputes involving a variety of technologies, including electrical components, electronic payment and financial systems, computer software and various consumer products, including cosmetics, video game systems and personal watercraft.

Brad also has significant experience representing clients in inter partes review (IPR) and cover business method patent review proceedings before the Patent Trial and Appeal Board of the US Patent and Trademark Office.  He provides comprehensive post-grant counseling to clients, including advising on post-grant proceedings concurrent with federal district court litigation.

In his role as trusted advisor to start-up and early-stage companies, Brad regularly counsels individual inventors and emerging ventures on product development strategies, renders patent clearance and validity opinions and manages the preparation and prosecution of patent applications and portfolios in various high-technology fields.

Brad is Co-Editor for and contributor to the Mintz Levin Global IP Matters blog and chairs the firm’s Post-Grant Working Group committee.

Before joining Mintz Levin, Brad practiced at the New York intellectual property boutique, Morgan & Finnegan LLP and served as a judicial intern to Judge John T.J. Kelly of the Superior Court of Pennsylvania in 2002.  While at Lehigh, Brad founded an 8-piece musical group that he continues to lead today.

Representative Matters

  • Defense of Multiple IPRs concerning Multilayer Capacitor Technology – representing American Technical Ceramics Corp. and AVX Corporation in IPR proceedings before the PTAB concerning technology for multilayer capacitor structures.
  • Zero Gravity Inside, Inc. v. Footbalance System Oy (IPR2015-01769, -1770) – Represented Patent Owner in IPR proceedings before the PTAB concerning shoe insoles. IPR2015-01770 petition denied in January 2017; all claims upheld in February 2017 following oral argument in IPR2015-01769.

Federal District Court

  • American Technical Ceramics Corp. v. Presidio Components, Inc., 14-6544 (E.D.N.Y.) – representing leading international manufacturer and supplier of electronic passive components in 3-patent infringement litigation concerning capacitor technology.
  • MoneyCat v. PayPal, Inc., 14-2490 (N.D. Cal.) – representing owner of portfolio of electronic payment system patents in 3-patent infringement litigation.
  • Shinsedai Co. Ltd. v. Nintendo Co., Ltd., 11-2799 (S.D. Cal.) – represented video- and lifestyle-gaming technology developer and manufacturer in 4-patent infringement litigation concerning motion-controlled video games and game systems; favorable settlement terms achieved.
  • Allergan v. Peter Thomas Roth Labs, LLC, 07-1316 (C.D. Cal.) – defended skin care company in patent infringement and unfair competition action; favorable settlement terms achieved in view of winning claim construction ruling and summary judgment of non-infringement.
  • Presidio Components, Inc. v. American Technical Ceramics Corp., 7-893 (S.D. Cal.) – defended electrical components manufacturer in patent infringement action concerning multilayer capacitors.

Recognitions & Awards

  • New York Super Lawyers: Rising Stars - Intellectual Property Litigation (2014 - 2016)

Professional & Community Involvement

  • Member, New York Intellectual Property Law Association
  • Member, Manhattan Chamber of Commerce
  • Member, Greater New York Chamber of Commerce