Scott Llewellyn is the former deputy chair of the firm’s Intellectual Property Litigation Group. His practice involves complex litigation before state and federal courts around the country, with an emphasis on patent and trade secret disputes, in which he relies on more than 30 years of experience with computer hardware and software (in particular, relating to the processing and transmission of audio, video, voice, and other types of data).
Mr. Llewellyn has also successfully tried commercial arbitration and agency matters; successfully briefed and argued various appeals in federal appellate court; and successfully tried more than 20 cases for the Denver city attorney’s office, most of them jury trials. Mr. Llewellyn has been named a Colorado “Super Lawyer” for Intellectual Property Litigation and “Best Intellectual Property Lawyer” by Law Week Colorado, and has received an AV rating from Martindale-Hubbell in Litigation and Intellectual Property.
Mr. Llewellyn obtained a B.A., cum laude, in 1990 from Yale University, and a J.D., cum laude, in 1997 from the University of Michigan Law School, where he served as executive articles editor for the Michigan Telecommunications and Technology Law Review. After law school, Mr. Llewellyn clerked for the Honorable Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit, and the Honorable Clarence A. Brimmer of the U.S. District Court for the District of Wyoming. Prior to joining Morrison & Foerster, Mr. Llewellyn practiced for another international law firm in Washington, D.C., and was an adjunct professor at the Georgetown University Law Center.
- Lead counsel for prominent financial institution at preliminary injunction hearing, obtaining denial of preliminary injunction, with claims subsequently denied on summary judgment.
- Lead counsel for numismatist at multiday, multidefendant TRO hearing on trade-secret claims, obtaining dismissal of all claims during hearing.
- Lead counsel for preeminent television-services provider in programming dispute, obtaining dismissal of most claims by motion, with the remaining claims subsequently settled on favorable terms.
- Lead counsel for pharmaceutical company at five-day arbitration hearing on contract claims related to medical devices, obtaining rejection of wrongful termination claims.
- Lead counsel for preeminent television-services provider in trademark dispute with various celebrities, which settled on favorable terms.
- Lead counsel for energy company in arbitration of trademark dispute, which settled on favorable terms.
- Lead counsel for Denver city attorney’s office in successful trials of more than 20 criminal matters, most of them tried to juries.
- Lead counsel for preeminent financial institution at five-day arbitration hearing on lender liability claims, obtaining rejection of all claims, subsequently upheld on appeal to the Tenth Circuit.
- Lead counsel for educational association at hearing before an administrative law judge, obtaining dismissal of all claims.
- Lead counsel for prominent telecommunications provider at Seventh Circuit oral argument on consumer class-action appeal, obtaining reversal of District Court decision, resulting in dismissal of all claims.
Forgent Networks, Inc v. Echostar Communications Corporation, et al.
(Eastern District of Texas). Obtained defense jury verdict for EchoStar in patent lawsuit brought by Forgent against essentially the entire cable and satellite television industry, including EchoStar, DIRECTV, Comcast, Cable One, Time Warner, Charter, and Cox, as well as Motorola, Digeo, and Scientific-Atlanta, in Tyler, Texas. The case involved patents allegedly directed to DVRs. Forgent alleged that it invented the DVR in 1991. All defendants other than EchoStar settled shortly before trial, leaving EchoStar as the sole defendant. In May 2007, after approximately an hour of deliberations, an eight-person jury found all of the asserted claims invalid as anticipated, obvious, and lacking an adequate written description. EchoStar did not contest infringement at trial and argued only invalidity. We believe this is only the second defense jury verdict in a patent case in the Eastern District of Texas.
e.Digital Corporation v. Pentax of America, Inc. et al.
(District of Colorado). Represented D&M and Marantz, Japanese audio electronics companies with brands such as Denon and Marantz, in a patent infringement action involving numerous other defendants in the District of Colorado. Adopting defendants’ proposal, the court decided to resolve Markman issues before proceeding to general discovery. Following a Markman hearing with multiple witnesses, defendants prevailed on all claim construction issues, obtaining claim constructions that were case-dispositive on the issue of infringement, as the Court indicated in its order.