With decades of experience in patent law, Scott is someone you can depend on to formulate compromises that deliver desirable results. He is so passionate about this that he has been known to come up with winning arguments in the shower or even in his dreams; to have opponents offer him a job after the negotiations are completed; or even to have opposing parties rely on him as a fair ‘mediator’ without keeping their own counsel involved in the negotiations. It isn’t just the crafting of solutions that is his strength, however. A skilled logician, he loves helping examiners, judges, or opposition come to understand and agree with his resolutions. For him, law is about educating as much as it is about winning. Though he tends to get down to business when there is work to be done, he very intentionally takes the time to explain and educate in all steps of the process.
Areas of Practice/Specialties
Scott Blackman has assisted numerous pharmaceutical clients in patent and related matters regarding a wide range of medicinal agents and products with a total market value in the hundreds of billions of dollars. He has also assisted clients with labeling and advertising issues both in court and before the FDA, the National Advertising Division of the Better Business Bureau, and the major national television networks.
- Chemical, Pharmaceutical and Biotechnology industries
- Patent, trademark, and trade secret matters
- Pharmaceutical and chemical patent and regulatory matters
- Pursuing and procuring U.S. and foreign patents
- Developing robust corporate patent portfolios
- Conducting due diligence investigations
- Preparing patentability, non-infringement and patent validity opinions
- Developing and processing ANDAs.
- Certified by
- Bars of the District of Columbia and New York
- U.S. District Courts for the Southern and Eastern Districts of New York, and for Washington, D.C.
- The U.S. Court of Appeals for the Federal Circuit
- The U.S. Supreme Court
- Cornell Law School, J.D. degree, cum laude, 1988
- University of Sciences in Philadelphia
- B.S. degree in Chemistry, 1981
- M.S. degree in Medicinal Chemistry, 1984
Admitted to practice in:
- New York
- Washington, D.C.
- Spanish (Elementary Proficiency)
Legal Publications & Speeches:
- Chapter Co-Author for three book chapters: chapter 10, Orange Book Listable Patents; chapter 19, Obtaining A Approval and Right to Market; and chapter 21, Evaluating and Scenarios for Launch, Including Marketing and Manufacturing Developments;” in Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, Kenneth Dorsney, Editor (ABA Book Publishing 2014; 2d edition 2018; 3d edition 2022).
- Co-Author: Scott H. Blackman and Pejman F. Sharifi, Indian Patent Law Reform and Its Impact on Pharmaceutical-Related Outsourcing, in BNA’s Patent, Trademark & Copyright Journal, Vol. 71, No. 1748, pp. 173-75 (2005).
- Chapter Author: Alternate Dispute Resolution in Commercial Intellectual Property Disputes, in Introduction to Alternatives to Litigation for Resolving Disputes (Robert J. Gomez & Robert J. Robertory eds., not published).
- Co-Author: Scott H. Blackman and Rebecca M. McNeill, Alternate Dispute Resolution in Commercial Intellectual Property Disputes, 47:6 American University Law Review 1709 (1998).
- Speaker: Science and Law: A World of Opportunity, Philadelphia College of Pharmacy & Science, Chemistry Department Seminar, Philadelphia, PA 3/97.
- Recent Developments Editor: The Journal of Proprietary Rights (Aspen Law & Business, publishers) 6/94-11/95.
- Co-Author: Steven D. Glazer and Scott H. Blackman, American Attorney-Client Privilege and Foreign Patent Prosecution, 63 Patent World 16 (1994).
- Co-Speaker: The Law and Management of Intellectual Property, American Management Association two-day course for corporate employees. Washington, DC, 9/93, and Boston, MA, 10/93.
- Andrews’ Intellectual Property Litigation Reporter: Perspectives on Festo (January 22, 2002).
- EuroMoney: Supreme Court Readies for Festo Hearing (January 6, 2002).
- Newsday: Festo Case Has Wide Implications: Top Court Decision May Decide How Much Protection Original Patent Holders Get (January 2, 2002).
- ABA Journal: Patent War Pending: Court to Hear Case That Makes Infringement Claims More Difficult (November 2001).
- New York Law Journal: Patent Law and ‘Festo’ (U.S. Supreme Court’s Business Docket, September 27, 2001).
- The San Francisco Daily Journal: Patented Problems (July 2, 2001).
- The Wall Street Journal: High Court Will Hear Patent-Law Case (June 19, 2001).
- Financial Times: Supreme Court Agrees to Step in Over Battle About Patent Copycats (June 19, 2001).
- The Recorder: Patent Blockbuster to High Court (June 19, 2001).
- The New York Times: Supreme Court to Review Case That Redefined Patent Doctrine (June 19, 2001).