D. Scott Hemingway is a partner in Hemingway & Hansen, LLP, an Intellectual Property Law Firm organized in Dallas, Texas in 2005. Mr. Hemingway has over twenty years of litigation and trial experience in addition to extensive experience with the prosecution and management of valuable patent, copyright and trademark portfolios held by his clients. He maintains an active patent prosecution docket before the United States Patent & Trademark Office in addition to his litigation workload. As part of his management efforts, he coordinated licensing and litigation efforts involving intellectual property asset portfolios producing multi-million dollar licensing royalty revenues and court settlements.
Several exemplary client representations led by Mr. Hemingway include the following:
Red River Fiber Optic Corporation
The Defendants in this…lawsuit settled the patent infringement matters under favorable terms for Red River Fiber Optic, and Mr. Hemingway has represented Red River’s efforts to collect $20 million in licensing and settlement revenues.
In the first trade secret case handled without Mr. Hemingway’s assistance, lead trial counsel and former IP counsel obtained a $1 award. In the second trade secret case litigated with Mr. Hemingway’s assistance (with the same lead trial counsel but not the former IP counsel), the jury awarded over $94 million dollars including compensatory and punitive damages.
Nortel Networks auctioned its patent portfolio and obtained auction sales revenue of over $7 billion dollars for its patent portfolio. The CDMA, 3G and 4G LTE patents obtained by Mr. Hemingway for Nortel Networks were some of the patent assets included in Nortel patent portfolios auctioned in 2011 and 2012.
Apart from electrical and computer-related patent prosecution, Mr. Hemingway has prosecuted, litigated and licensed patented technologies involving thermoelectric storage containers, aluminum baseball bat designs, frozen food preparation techniques, foam-based equipment and furniture best replica watches, thermo heating and cooling medical packs, safety automotive seat belt technology, and soft drink bottling systems. Mr. Hemingway has also prosecuted and litigated copyrights and trademarks, including enforcement of the trademarks on the “Big Tex” logo for the State Fair of Texas.
Speaking and Publications
Cost-Shifting Issues Arising in Electronic Discovery, Dallas Bar Association, Headnotes, p. 12, November 1, 2005.
What Happens if BlackBerry Loses Its Juice?, Opinion Section (co-authored with Eugenia S. Hansen), Texas Lawyer, February 14, 2006.
Onward into the Breach, Patentees No Longer Need to Repudiate Licenses Before Suing, (co-authored with Eugenia S. Hansen), Texas Lawyer, January 29, 2007.
Determining Obviousness, Developments in Substantive Law, Intellectual.