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Scott L. Bittman

Senior Counsel

sbittman@crowell.com
Phone: +1 212.895.4223
590 Madison Avenue
20th Floor
New York, NY 10022

Scott L. Bittman is a senior counsel in the Intellectual Property Group in Crowell & Moring's New York office. He focuses on intellectual property litigation, inter partes reviews (IPRs), counseling, and patent and trademark procurement. 

Scott's litigation practice includes representing clients before federal district courts throughout the country, the Patent Trial and Appeals Board (PTAB), the International Trade Commission, and the Court of Appeals for the Federal Circuit. He has litigated cases involving a wide variety of technologies, including vehicle control technology, train control systems, email authentication technology, lithium based battery packs for power tools, Power over Ethernet (PoE), LCD panel manufacturing, automotive control systems, solar panel mounts, machine vision software, toothpaste formulations, electrical fittings, and web-based telecommunications. He has an extensive patent post-issuance review practice, which has included representing clients in all aspects of numerous IPRs. In addition, he has litigated cases related to trade secret misappropriation, trademark enforcement, false advertising, and unfair competition. 

As part of Scott's counseling activities, he assists clients with the evaluation of patents and trademarks of third parties and renders detailed opinions relating to patent invalidity, non-infringement, and unenforceability. He also advises clients concerning intellectual property procurement and enforcement strategies. His procurement work encompasses drafting and prosecuting patent applications relating to a variety of technologies and drafting and prosecuting trademark applications. He also prepares intellectual property licenses and performs due diligence relating to intellectual property issues in corporate transactions.

Prior to law school, he worked as a design engineer for a global corporation specializing in electronic monitoring, testing, and display instruments.

Scott also maintains an active pro bono practice. In recognition of his efforts, he has been identified as an "Empire State Counsel" by the New York State Bar Association.

Scott received his B.S., cum laude, in mechanical engineering from Tufts University and his J.D., cum laude, from Boston University School of Law.

Representative Cases

  • In re Certain Playards & Strollers (ITC). Representing Graco Children’s Products Inc. and its supplier, Wonderland Nurserygoods of Taiwan, in an ITC action against Baby Trend and three of its suppliers concerning infringement of four patents related to Graco’s Pack ’n Play playards and foldable strollers. 
  • Invacare Corp. v. Sunrise Medical (US) LLC (D.Del.). Representing plaintiff Invacare in patent infringement action involving seven patents relating to wheelchair stabilization technology.
  • BMW of North America, LLC v. Paice LLC (PTAB). Representing BMW as Petitioner in three IPR proceedings related to hybrid vehicle control technology.
  • Siemens Mobility, Inc. v. Westinghouse Air Brake Technologies (D. Del., PTAB, Fed. Cir.). Represented Siemens in a wide-ranging, multi-forum intellectual property dispute involving Positive Train Control technology, including a jury trial win resulting in a finding of willful infringement and a $15 million damages award, and defense of 15 IPRs.
  • RPost, et al. v. Selligent, Inc. (E.D.Tex.).  Represented defendant Selligent, Inc. and many of its customers in a patent infringement action involving five patents related to email authentication technology. The case was successfully dismissed with prejudice. 
  • Milwaukee Electric Tool Corporation, et al. v. Hilti, Inc. (E.D. Wisc., PTAB, Fed. Cir.). Represented defendant Hilti, Inc. in a patent infringement action, and in IPRs, involving lithium based battery packs for use in power tools.
  • Rowpar Pharmaceuticals Inc. v. Lornamead, Inc. (D. Ariz.). Represented defendant Lornamead, Inc. in a trade secret misappropriation and patent infringement action involving toothpaste formulations.
  • Phoenix Licensing, L.L.C., et al v. General Motors LLC (E.D.Tex.). Represented defendant General Motors LLC in a patent infringement action involving mass marketing software.
  • Network-1 Security Solutions, Inc. v. Avaya, Inc., et al. (E.D.Tex., PTAB, Fed. Cir.). Represented defendant Avaya Inc. in a patent infringement action, and in an IPR, involving Power over Ethernet (PoE) technology.
  • Spread Spectrum Screening LLC. v. Eastman Kodak Company (N.D. Ill., W.D.N.Y., Fed. Cir.). Represented defendant Eastman Kodak Company in a patent infringement action involving halftone printing software brought by Acacia subsidiary. 
  • Anvik Corporation v. ChiMei InnoLux Corporation (S.D.N.Y., Fed. Cir.). Represented defendant ChiMei InnoLux Corporation in a patent infringement action involving scanning microlithography systems for manufacturing LCD panels.
  • Arlington Industries, Inc. v. Bridgeport Fittings, Inc. (M.D.Pa., Fed. Cir.). Represented plaintiff Arlington Industries in multiple patent infringement actions involving electrical fittings.
  • Weight Watchers International, Inc. v. Curves International, Inc. (S.D.N.Y.). Represented plaintiff Weight Watchers International, Inc. in an action involving trademark infringement and false advertising.
  • In re Certain Machine Vision Software, Machine Vision Systems, and Products Containing Same (ITC, D.Mass.). Represented respondents Fuji America Corp. and Fuji Machine Manufacturing Co., Ltd. in a patent infringement action at ITC and district court involving machine-vision system software.  

Education

  • Tufts University, B.S. (2001) cum laude
  • Boston University School of Law, J.D. (2005) cum laude

Affiliations

Admitted to practice: New York, Massachusetts (inactive), District Courts for the Southern and Eastern Districts of New York, Court of Appeals for the Federal Circuit, and the U.S. Patent and Trademark Office (USPTO)

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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