Specializing in business dispute litigation and cyber security protection, Scott Mosko has tried patent, copyright, trade secret and trademark cases over the past 30+ years, after completing an appellate court clerkship. His experience includes biochemical matters, medical devices, telecommunications, semiconductors, software internet patents and multiple hardware devices. In 2015, Scott was recognized by The Legal 500 U.S. for his expertise in trade secret litigation. His appearances include multiple matters in the California state trial and appellate courts and the Supreme Court. He has lectured on many IP-related topics—most recently on the trade secret protections implemented into the America Invents Act (A.I.A.) in Seattle and on patent damages in San Francisco.
Scott has vast experience before the Courts in the Northern District of California, having most recently defended a trademark claim and acted as lead counsel in successfully asserting a First Amendment and anti-SLAPP defense and a claim for attorneys’ fees. He has handled cases assigned to most of the judges and magistrates in the Northern District, where he has tried patent, trade secret and copyright matters.
More recently, Scott acquired a specialty in cyber security matters. Using the relationships developed with Federal and State law agents assigned to cyber piracy crimes task forces, Scott advises clients on how to protect themselves from such invasions and how to form cyber security teams to limit the effects from a cyber intrusion.
Mr. Mosko and the Honorable Ronald M. Whyte have taught multiple classes in patent litigation at the Santa Clara University Law School. Scott also has served as an adjunct professor at San Jose State University, and has participated in patent presentations offered in many international locations such as Beijing, Shanghai, Hong Kong and Taiwan.
- Bachelor's Degree, University of California at Los Angeles, 1979
- Juris Doctorate, Loyola Law School, 1982
- United States Supreme Court
- Ninth Circuit Court of Appeals
- Federal Circuit Court of Appeals
- Northern District of California
- Central District of California
- Southern District of California
- Eastern District of California
- All California State Courts
- Federal Bar Association
- California Bar Association
- Santa Clara County Bar Association
- Successfully defended against a claim of trademark infringement by asserting the defendant’s First Amendment rights of political expression and relying upon California’s anti-SLAPP statute.
(Choose Energy, Inc. v. API—venued in the Northern District of California).
- Successfully defended several entities in an International Trade Commission investigation where the administrative law judge and the ITC concluded that the accused products did not infringe the asserted patent.
(337 Investigation of Certain Cold Cathode Fluorescent Lamp Inverter Circuits.)Coordinated and led the successful defense of these same entities in a corresponding district court action venued in the Northern District of California that later awarded over $10M in fees and costs pursuant to the attorneys’ fees statute in the Patent Act, Section 285. (Monolithic Power Systems, Inc. v. O2 Micro International Ltd.).
- Represented Philips Electronics North America Corporation in the Southern District of California in the successful settlement of a patent claim concerning filmless x-rays
(DR Systems v. Philips, et al).
- Successfully defended Hewlett-Packard in the district court and the Federal Circuit against a $1.4B claim of patent infringement, trade secret misappropriation, breach of contract, and unfair competition regarding printer devices
(Insight Development Corp. V. Hewlett-Packard).
- Served as lead counsel on a Northern District of California case representing the patentee involving technology that tracked user movement on websites to identify trends.
- Successfully defended a manufacturer of blood glucose testing equipment in a patent infringement case brought in the Northern District of California.
- Served as an executive member of the Federal Courts Committee advising the California District bench on local rules and procedures.
- Served as Senior Appellate Law Clerk to the Honorable Robert E. Rickles.