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’s practice encompasses counseling US and foreign clients in all areas of intellectual property, with a focus on patent infringement trials in the US district courts and appeals to the US Court of Appeals for the Federal Circuit for high technology clients.

Brad regularly advises individual inventors, emerging ventures and large corporations and companies on product development and strategy, renders opinions on patent infringement and validity and manages the preparation and prosecution of patent applications and patent portfolios in a variety of technologies, including electrical devices, computer hardware and software, e-commerce, telecommunications, medical devices, cosmetics, consumer products and the mechanical arts.

Brad has represented clients in patent, trademark, unfair competition, trade secret and licensing disputes in various US district courts, before the US Court of Appeals for the Federal Circuit and in arbitration proceedings involving multiple patents and complex technologies. He has also represented a multinational technology and consulting firm before the US Supreme Court as an amicus curiae in eBay v. MercExchange, LLC, 126 S.Ct. 1837 (2006) and Lab Corp. of Am. v. Metabolite Labs Inc., 126 S. Ct. 2976 (2006).

Before joining Mintz Levin in 2008, Brad practiced at the New York intellectual property boutique, Morgan & Finnegan LLP, where he started as a summer associate in 2003. Brad began his legal career in the Superior Court of Pennsylvania as a law clerk to the Honorable John T. J. Kelly. Prior to law, Brad worked as a project engineer at the Ingersoll Rand Company, where he was responsible for the research, development, and design of industrial light-duty assembly tools.

Representative Matters

  • Defending a cosmetic company in a patent infringement and unfair competition action in the Central District of California; achieved a favorable claim construction ruling and summary judgment of noninfringement
  • Representing a computer software company in a patent infringement and trade secret misappropriation action in the Northern District of California
  • Defending an electrical components manufacturer in a patent infringement action, involving multilayer capacitors, in the Southern District of California
  • Defending a recreational products manufacturer in three related patent infringement actions, involving 13 patents directed to various personal watercraft technologies, in the Eastern District of California
  • Representing a global chemical company in a patent infringement action, concerning fire extinguishing compositions, in the District of Delaware
  • Representing a well-known watch company in a trademark infringement action, concerning counterfeit goods, in Northern District of Georgia
  • Representing an international restaurant and hotel owner in a Federal Circuit appeal involving contract interpretation issues
  • Representing a health care waste management company in a Federal Circuit appeal involving patent invalidity and licensing issues

Recognitions & Awards

  • New York Super Lawyers: Rising Stars - Intellectual Property Litigation (2014 - 2015)

Professional & Community Involvement

  • Member, American Intellectual Property Law Association
  • Member, New York Intellectual Property Law Association
  • Member, Federal Bar Council
  • Member, Association of the Bar of the City of New York
  • Member, Manhattan Chamber of Commerce