Scott R. Samay, Partner

Scott Samay is a litigation partner in the firm’s New York office who focuses his practice on patent and other intellectual property matters.

Mr. Samay has experience with complex patent infringement matters involving a range of computer and manufacturing technologies including video and audio coding, Internet functionality, VoIP, modems, memory, configuration devices, LCD-chip drivers, endothermic agents, sheet-measuring devices, and seat belt retractors. Mr. Samay has also litigated cases involving pharmaceutical products, including ANDA patent infringement cases. On behalf of his clients, he 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 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. 
• 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).
• 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 — 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 bench trial and achieved a victory for a bedding company in a corporate-governance dispute related to the appropriate composition of the entity’s board of directors (Delaware Ch. Court).
• 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).

Activities

Mr. Samay is a member of the Intellectual Property Owners Association and the New Jersey Intellectual Property Association.

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