Scott N. Bernstein* focuses his practice on US and international intellectual property (IP) law, including patent prosecution, patent litigation, M&A/licensing and freedom-to-operate (FTO) assessments. With more than 25 years of experience in biotech and pharmaceutical IP law, Scott has advised executive management and corporate boards on a multitude of complex IP matters. He has in-depth knowledge in specialized biotechnology areas, particularly cell therapy (CAR-T, TCR), antibodies, protein therapeutics and biosimilars. He has extensive experience in the oncology, metabolic disease and neuroscience areas.
Scott provides clients with strategic IP analysis and counseling, and manages complex adversarial patent proceedings, such as IPRs and ex parte reexaminations. He drafts and prosecutes patent applications in the biotechnology and pharmaceutics areas. He also negotiates, drafts and manages patent license agreements, research collaboration agreements and related business agreements. Scott has experience in biotechnology and pharmaceutical drug naming and branding, including proprietary (trademark) and non-proprietary (USAN/INN) names.
Prior to joining McDermott, Scott served as vice president and head of IP law and litigation for a cutting edge biotechnology company. Prior to that role, he served as executive director and associate general counsel of IP law and litigation, for a large multinational biopharmaceutical company. Having also spent a few years in private practice, he represented various biotechnology and pharmaceutical companies.
Scott obtained his juris doctor from the University of New Hampshire, Franklin Pierce Law Center, where he served as a law review editor for IDEA: The Journal of Science and Technology. Scott obtained his bachelor’s degree in biology from the State University of New York at Albany with a concentration in molecular and cell biology and immunology.
*Licensed in New York, New Jersey and the District of Columbia only and not yet admitted to practice in California. Supervised by principals of the Firm who are admitted to the California bar.
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