Scott S. Brown
Shareholder
PROFILE
EXPERIENCE
AWARDS
AFFILIATIONS

Scott’s Profile

A partner in Maynard’s Intellectual Property and General Litigation practice groups, Scott represents clients in high stakes litigation. Building on an undergraduate Bachelor of Science Degree in mathematics, Scott has represented clients in disputes involving biotech, electrical and control systems, and sensor systems as well as assisting clients in protecting their brand (both in litigation and through licensing). Scott’s litigation experience also includes a broad range of other commercial disputes, including allegations of breach of contract, fraud, tortious interference, and breach of fiduciary duty.  Scott has been included in Super Lawyers for Intellectual Property Litigation every year since 2014 as well as for General Litigation since 2013.

Leveraging Maynard Cooper’s diverse areas of practice and his extensive experience in Alabama state courts and numerous federal courts across the country, Scott provides his clients with an objective assessment of their trial and appellate prospects and works with his clients to develop a strategy to resolve their litigation consistent with the client’s business goals. He has handled cases in various state courts throughout Alabama; in the United States District Courts in Alabama, Colorado, Florida, Georgia, Mississippi, Tennessee, and Texas; and before the Patent Trial and Appeal Board. He also regularly handles appeals before the Alabama Supreme Court and the Eleventh Circuit Court of Appeals.

Scott’s Experience

Intellectual Property

  • MiMedx Group, Inc. v. NuTech Medical Inc. — Ongoing representation of NuTech in a patent infringement lawsuit in the Northern District of Alabama relating to placental tissue grafts
  • Setty v. Shrinivas Sugandhalaya LLP, 2018 WL 3064778, at *3 (W.D. Wash. June 21, 2018) (representing manufacture in trade dress dispute and successfully opposing accused infringer’s motion to dismiss in favor of arbitration)
  • Defending technology company against claims of patent infringement related to electrical and control systems
  • Representing university in claims for trademark infringement related to unauthorized use of school’s name
  • Successfully prosecuted trademark infringement action on behalf of Florida-based lifestyle company
  • Represented online business entity in claims for violation of the Digital Millennium Copyright Act (“DMCA”)
  • Represented patent owner in inter partes review proceeding before the Patent Trial and Appeal Board that resulted in preservation of several of the claims at issue
  • Successfully prosecuted Copyright infringement claim on behalf of small business owner involving infringement of client’s protected website

Appellate

On Appeal

  • Baptist Health Sys., Inc. v. Cantu, No. 1151117, 2018 WL 2276599 (Ala. May 18, 2018) (as lead appellate counsel, obtained (i) reversal of $10 million dollar jury verdict entered against client for vicarious liability for medical negligence and (ii) remand of case for a new trial)​
  • CNH Am., LLC v. Ligon Capital, LLC, 160 So. 3d 1195 (Ala. 2013) (obtaining affirmance of $11.4 million jury verdict in favor of commercial client based on claims of fraudulent suppression)
  • Ex parte Morgan Asset Management, Inc., 86 SO.3d 309 (Ala. 2011) (granting defendants’ petition for mandamus and ordering trial court to dismiss claims against fund manager and related companies on the basis that the allegations constituted derivative claims and that the plaintiff trust beneficiaries lacked standing to bring a derivative claim)
  • American General Life Ins. Co. v. Schoenthal Family, LLC, 555 F.3d 1331 (11th Cir. 2009) (affirming district court’s award of summary judgment in stranger owned life insurance claim based on insured’s misrepresentation in policy application)
  • Represented non-profit association dedicated to promoting business interests in Alabama and appearing as amicus curiae before Supreme Court of Alabama. See, e.g., AstraZeneca LP v. State, 41 So. 3d 15 (Ala. 2009); Cline v. Ashland, Inc., 970 So. 2d 755 (Ala. 2007)

Embedded Appellate Counsel

  • Served as embedded appellate counsel for individual in two week state court trial involving allegations of fraud, breach of contract, and conversion
  • Served as embedded appellate counsel for hospital in multi-week state court trial involving allegations of vicarious liability for medical negligence of staff physician
  • Served as embedded appellate counsel for national chemical company in two week state court trial involving allegations of breach of contract and alleging $20 million in damages

General Commercial Litigation

  • Obtained $11.4 million jury verdict in the Circuit Court of Jefferson County, Alabama as part of trial team in a commercial dispute involving the supply of industrial hydraulic cylinders
  • Member of trial team representing BellSouth in commercial dispute tried in federal court involving allegations of breach of contract and tortious interference. After deliberating for less than an hour, jury rejected Plaintiff’s claim for over $40,000,000 and rendered a verdict in favor of BellSouth for $3,500,000 on its counterclaim
  • Obtained dismissal of claims of breach of LLC Operating Agreement and Equity Participation Agreement based on outbound venue selection clause
  • Morris v. Trust Company of Virginia, et al., 2015 WL 1475487, (M.D. Ala. Mar. 31, 2015) (granting motion to dismiss claims against University Foundation for interference with contract and conversion)
  • Ex parte Regions Financial Corp., 67 So.3d 45 (Ala., Sept. 30, 2010) (granting defendants’ petition for mandamus and ordering trial court to dismiss multi-million dollar claims against fund manager and its parent company on the basis that the allegations constituted derivative claims and that the plaintiff shareholders lacked standing to bring a derivative claim)
  • Bishop v. Protective Life Insurance Co., 255 F.R.D. 619 (M.D. Ga. 2009) (denying plaintiff’s motion for certification of nationwide class seeking refunds of credit life insurance/credit disability insurance premium payments following early loan payoffs)
  • Successfully obtained summary judgment in favor of banking client on claim of wrongful foreclosure
  • Successfully defended national leader in poultry production against claims of defamation and malicious prosecution, obtaining summary judgment in favor of client
  • Successfully defended financial institution against allegations of breach of joint venture agreement
  • Successfully represented insurance company in prosecuting claims for misrepresentation and breach of contract relating to a failed stock purchase agreement
  • Served as co-counsel in trials in Alabama state and federal courts

Scott’s Awards

  • The Best Lawyers in America© for Commercial Litigation and Litigation: Intellectual Property (2019)
  • Mid-South Super Lawyers for IP Litigation (2016-present)
  • Alabama Super Lawyers® – Intellectual Property Litigation, General Litigation, 2013-2015; Rising Star, General Litigation, 2011-2012
  • Martindale-Hubbell AV® Preeminent Rating

Scott’s Affiliations & Civic Involvement

Affiliations

  • American Bar Association
  • Alabama State Bar Association
  • Birmingham Bar Association

Civic Involvement

  • General Counsel to The Community Kitchens of Birmingham
  • Alabama State Board of Bar Examiners, Civil Litigation Subject Matter Expert Committee
  • Community Ministry for Girls, Inc., Board of Directors
  • Mountain Brook Community Church
BAR ADMISSIONS
State Bar:Alabama
U.S. District Court:Alabama(Northern, Middle, Southern), Colorado, Florida(Northern), Tennessee(Western), Texas(Eastern)
U.S. Court of Appeals:Ninth Circuit, Eleventh Circuit, Federal Circuit
EDUCATION
University of Virginia School of Law (1999, J.D., William Minor Lile Moot Court Board, Chief Justice; Raven Society)
Rhodes College (1996, B.S., Phi Beta Kappa; Omnicron Delta Kappa; President of Student Government)
JUDICIAL CLERKSHIPS

Honorable Thomas A. Wiseman, Jr.

Senior United States District Court Judge for the Middle District of Tennessee

News
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