Brad is a partner in the New York office of Mintz specializing in intellectual property litigation and representing clients before the United States Patent and Trademark Office and in United States federal district and appellate courts. He serves as lead counsel before judges and juries in United States district courts, the International Trade Commission and the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office.
In addition to his litigation practice, Brad serves as a strategic counselor to start-up ventures and established businesses in the mechanical and electrical arts, with a deep interest and focus in high-density EV battery technologies and trade secret registration, management and protection.
Brad is a Member of the Firm’s Energy & Sustainability Practice with a focus on representing EV battery companies on all aspects of intellectual property, licensing and technology growth, management and protection.
Brad is also co-editor of Mintz’ intellectual property writing program and, in his spare time, plays upright and electric bass in several original and cover bands in New York City and surrounding areas.
Experience
- Represented Mullen Industries in federal district court and in defense of 12 inter partes review petitions against Apple. Defeated IPRs filed by Apple against four different patents and the case settled thereafter to avoid significant litigation expenditure. Mullen Industries, LLC v. Apple, Inc., No. 5:23-cv-00437 (N.D. Cal. 2022).
- Represented Kostopoulos Investment Holdings against patent infringement allegations with respect to shockwave therapy technologies; drove dispute to favorable settlement before initiation of claim construction proceedings. SoftWave Tissue Regeneration Technologies, LLC v. Dr. Har Hari S. Khalsa, DC, d/b/a Transformational Healing Universe, Thomas Kostopoulos, and Kostopoulos Investment Holdings, LLC d/b/a StemWave, Case No. 2:22-cv-07810-MCS-RAO (C.D.Cal. 2022).
- Represented WePower Technologies in trade secret misappropriation litigation alleging theft of bankruptcy assets relating to energy harvesting technology and achieved favorable settlement. WePower Technologies LLC v. GenerEn, LLC, 7:22-cv-03364 (S.D.N.Y. 2022).
- Represented Nanofiber Solutions against patent infringement allegations with respect to electrospun nanofiber wound-healing devices; drove case to favorable settlement following dispositive claim construction ruling in favor of Defendants. Acera Surgical, Inc. et al. v. Nanofiber Solutions, LLC et al., 1:20-cv-00980-CFC-JLH (D. Del. 2020).
- Represented Interactive Digital Solutions against patent infringement allegations with respect to patient monitoring systems; drove case to favorable settlement following disclosure of non-infringement positions and invalidity contentions. CareView Communications, Inc. v. Interactive Digital Solutions, LLC, No. 4:2021-cv-07061-HSG (N.D.Cal. 2021).
- Served as lead counsel on behalf of the defendant in direct-competitor, 2-patent infringement litigation involving aesthetic laser technology and successfully drove the parties’ disputes to settlement in eight months and prior to the start of expert discovery. Solta Medical, Inc. v. Lumenis, Inc. et al., No. 19-11600-DJC (D. Mass. 2019).
- Served as lead counsel for American Technical Ceramics and AVX Corporation in a 10-day jury patent trial concerning passive electronic components in the Eastern District of New York. The jury returned a verdict of infringement for plaintiffs. Am. Tech. Ceramics Corp. et al. v. Presidio Components, Inc., 14-06544-KAM (E.D.N.Y. 2014).
- Represented owner of patents directed to assembly and fastening technologies against automotive manufacturers and suppliers in the District of Delaware. (Wildcat Licensing WI LLC v. General Motors et al., 1:19-cv-00833-MN-JLH, 1:19-cv-00834-MN-JLH, 1:19-cv-00839-MN-JLH, 1:19-cv-00840-MN-JLH ,1:19-cv-00842-MN-JLH, 1:19-cv-00843-MN-JLH, 1:19-cv-00844-MN-JLH, 1:19-cv-00845-MN-JLH, 1:19-cv-00846-MN-JLH) (D. Del.)).
- Served as lead counsel in class action cases on behalf of Peter Thomas Roth Labs, LLC concerning false advertising allegations in the realm of cosmetics under various California, New York, Florida and Washington consumer laws. Peter Thomas Roth Labs LLC at el. v. Miller et al., 19-698 (N.D. Cal.); Peter Thomas Roth Labs LLC et al. v. Clair, 20-1220 (S.D.N.Y.)).
- Represented Intellectual Ventures II LLC in IPR proceedings concerning encapsulated stator motor technology (IPR2017-01537, IPR2017-01558).
- Lead counsel for complainant in Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same (337-TA-1052).
- Represented Patent Owners American Technical Ceramics Corp. and AVX Corporation in IPR proceedings concerning technology for multilayer capacitor structures (IPR2015-01330, IPR2015-01331).
- Represented Patent Owner Footbalance System Oy in IPR proceedings concerning shoe insoles (Petition denied in IPR2015-01770; all claims upheld in IPR2015-01769).
- Represented owner of electronic payment system patents in patent infringement litigation. MoneyCat v. PayPal, Inc., 14-2490 (N.D. Cal.).
- Represented and achieved successful settlement for video-game developer and manufacturer in four-patent infringement litigation concerning motion-controlled video gaming (Shinsedai Co. Ltd. v. Nintendo Co., Ltd., 11-2799 (S.D. Cal.)).
- Represented Jan Marini Skin Research Inc., Peter Thomas Roth, Inc., and Peter Thomas Roth Labs LLC in a patent infringement case relating to certain hair growth products. Allergan, Inc. v. Photomedex, Inc., et al., 8:07-cv-01316 (CDCA 2009).
viewpoints
Trade Secret Thieves, Beware! The DTSA Can Reach You and Your Sales Around the Globe.
July 30, 2024 | Blog | By Michael Renaud, Brad M Scheller , Adam Samansky, Laura Petrasky
This month the Seventh Circuit in Motorola Sols., Inc. v. Hytera Commc’ns Corp. Ltd. upheld the Northern District of Illinois in finding that the Defend Trade Secrets Act (DTSA) has extraterritorial reach. Companies can seek relief when misappropriation occurs abroad and for the sales lost abroad when an act in furtherance of the trade secret misappropriation occurs in the United States.
In Split Vote, FTC Approves Controversial Final Rule Banning Most Post-Employment Non-Competes; Rule Already Subject to Challenge in Court
April 25, 2024 | Blog | By Talia Weseley, Danielle Bereznay, Bruce Sokler, Benjamin Ferrucci, David Barmak, Brad M Scheller , Geri Haight, Michael Arnold
Energy & Sustainability IP Updates — February 2024
February 1, 2024 | Article | By Brad M Scheller
Read about Hyundai Motor Company’s recently filed patent application directed to solid-state battery technology.
Supercapacitor Patent Row Between CAP-XX and Maxwell Technologies Goes to Court this Week
December 13, 2023 | Blog | By Brad M Scheller , Amy LoBue
After four years of litigation, Australian-based CAP-XX, Ltd. finally commenced its patent infringement trial this Monday against Maxwell Technologies, Inc. before Judge Jennifer Hall and a Delaware jury and is set to end on Friday.
Energy & Sustainability IP Updates — November 2023
November 1, 2023 | Article | By Brad M Scheller
Read about Tesla’s ongoing patent litigation battles with Autonomous Devices and CAP-XX Ltd. and patent infringement cases filed against Tesla in New York and Texas.
Energy & Sustainability IP Updates — August 2023
August 29, 2023 | Article | By Brad M Scheller
Read about patent litigation involving Tesla and electric vehicle technology, the DOE’s new critical mineral assessment, EV and powertrain manufacturer Proterra’s decision to file for bankruptcy, and battery maker Freyr Battery.
Energy & Sustainability IP Updates — March 2023
March 23, 2023 | Article | By Brad M Scheller
Read about Darling Ingredients and Valero Energy’s investment decision on a sustainable aviation fuel (SAF) project, Toyota being awarded more patents than any other automaker by the USPTO in 2022, and Tigo Energy’s patent litigation to protect its innovations.
Mintz EnergyTech Update: New Hydrogen Patents Data Released
March 9, 2023 | Blog | By Brad M Scheller
The European Patent Office (EPO) and International Energy Agency (IEA) have now released “Hydrogen Patents for a Clean Energy Future” – a comprehensive report on innovation in clean-energy hydrogen technologies over the past two decades according to global patent filings. Patents remain strong indicators of innovation activity and the state and direction of science. The report provides a unique look at where green hydrogen investment has been focused and where it are heading based on international patent families (“IPFs”). According to the report, IPFs are reliable proxies for inventive activity as each represents an invention having value sufficient for seeking protection across multiple patent offices.
Energy & Sustainability IP Updates — December 2022
December 13, 2022 | Article | By Brad M Scheller
Read about Heliogen, Inc.’s $4.1 million award from the US DOE for solar-thermal technology for industrial decarbonization, patent litigation involving SolarEdge Technologies and Ampt, LLC, and a PTAB decision holding a DynaEnergetics Europe GmbH innovation related to oil and gas drilling unpatentable.
News & Press
PTAB Case Highlights Power Of Nonobviousness Arguments
April 24, 2020
AIA Claim Construction Change To Spur Revamped Strategies
October 11, 2018
The Current State of IPR Estoppel
January 5, 2018
Mintz Partner Plays More Than One Tune
July 20, 2017
Cuozzo and Its Likely Impact
July 6, 2016
Brad Scheller (Mintz): “The unitary patent will be devalued to an extent because of the UK exit”
June 28, 2016
Events & Speaking
Guarding the Intangible: Trade Secrets as Catalysts For Valuation and Growth
Battery Forum Conference - Volta Foundation
Virtual
Recognition & Awards
Included on the New York Super Lawyers: Rising Stars - Intellectual Property Litigation list (2014 - 2018)
