Scott R. Samay, Partner

Scott Samay is a litigation partner in Winston & Strawn’s New York office and chair of the firm’s Intellectual Property Training and Communications Committee. His practice focuses on patent and other intellectual property matters. Mr. Samay has litigated complex patent infringement matters involving a range of computer, electronic, medical device, and manufacturing technologies. He has also litigated cases involving pharmaceutical products, including ANDA patent infringement cases. On behalf of his clients, Mr. Samay has conducted Markman hearings and has served as trial and appellate counsel in federal and state courts on a variety of matters.

Mr. Samay’s representative matters have included the following:

• Conducted a two-week jury trial adverse to a large patent pool obtaining a defense verdict based on estoppel. (New York Supreme Court).
• Conducted an arbitration hearing resulting in a finding that confirmed our client's control over pharmaceutical development of a promising new drug and rejected all claims that the client breached any contractual obligations. (Private Arbitration)
• Conducted a two-week arbitration hearing resulting in a finding of no liability for our pharmaceutical client on contract claims, which the plaintiff asserted were worth in excess of $1 billion.  (Private Arbitration)
• Obtained a grant of summary judgment that found a pharmaceutical patent invalid on behalf of a generic pharmaceutical company in ANDA litigation (District of New Jersey).
• Asserted telecommunications patent against five defendants obtaining three permanent injunctions and a royalty-bearing license agreement. Won claim construction on fourteen of fourteen terms and defeated remaining defendant’s motion for summary judgment for invalidity. (Southern District of New York).
• Obtained summary judgment of invalidity on patent addressed to a method of using a blockbuster anti-cancer drug (Eastern District of Michigan).
• Represented patentee in patent infringement litigation against three defendants related to 13 patents in various computer technologies. Architect-of-damages case related to audio-coding technology that resulted in a jury verdict for $1.5 billion — then reported to be the largest patent-damages award in intellectual property history (Southern District of California).
• Defended a patent infringement suit related to four patents for modem technologies. Served as lead counsel on three Markman hearings and in private mediation leveraged successful Markman rulings to achieve a desirable settlement (Northern District of California).
• Defeated plaintiff's request for a preliminary injunction in a patent infringement action related to the use of endothermic agents to protect flight recorder boxes. The case settled shortly after the denial of injunctive relief (Eastern District of New York).
• Conducted a jury trial and achieved a defense verdict for our client in a breach-of-contract action related to a securities purchase agreement (New York Supreme Court).

Honors and Awards

Activities

In addition to serving as the chair of the Intellectual Property Training and Communications Committee, Mr. Samay is member of the firm’s Associate Evaluation Committee and the Hiring Committee.

Mr. Samay's pro bono cases have included representations in which he achieved (and preserved on appeal) a significant jury verdict for a client in a discrimination action; garnered a desirable settlement for a client just before closing arguments in a section 1983 action; successfully argued for the affirmance of a manslaughter conviction on behalf of Kings County; and obtained a significant award for a client from the Victim's Compensation Fund for the loss of her husband in the World Trade Center attacks of September 11th.

Education