Scott Weingaertner

• Led the team that served as litigation and trial counsel for Google in the landmark patent and copyright case brought by Oracle accusing Google’s Android mobile platform of infringing IP directed to the Java software platform. Scott led defenses that achieved a complete victory on all patent counts, a result which was not appealed, and his team won multiple Daubert motions striking Oracle’s damages expert reports multiple times and successfully averting over $6B in damages (the only payments were by Oracle compensating Google for its subsequent responsive damages reports and Daubert motions, as ordered by the court). The effort Scott led secured a complete successful defense of the Android platform from its most significant patent attack and was a rare successful challenge to the Java licensing program that preserved crucial competition in the mobile phone space.°
• As lead trial counsel to one of the world's largest consumer electronics companies, Scott led a team in filing a successful emergency lawsuit, seeking a TRO and PI against the primary licensor of audio technology regarding its abusive licensing practices and related threats. The team pleaded violations of Section 2 of the Sherman Act, breach of contract, tortious interference, and other causes of action, in response to which the adversary hired two of the nation's leading firms to defend it, yet within a matter of weeks settled, keeping billions of dollars of products on the market.°
• Secured a complete victory on summary judgment for Abiomed, the sole developer of implantable heart pumps, following a successful claim construction result in the lead litigation of two multipatent cases brought against it by Maquet Cardiovascular, targeting Abiomed’s sole product line. With this victory, combined with a subsequent win on claim construction in the second of the two actions, Scott’s team lifted the threat against the product line, clearing the way for a $16.6 billion dollar acquisition of the company by Johnson & Johnson.°
• Acted lead trial and appellate counsel to the company that invented multifactor network authentication, secured at the U.S. Court of Appeals for the Federal Circuit a rare reversal of a dismissal under 35 U.S.C. 2 Sec. 101.°
• As lead counsel for Biotronik in a case targeting cardiovascular devices, Scott’s team successfully secured dismissal of a case in the U.S. District Court for the Western District of Texas, in favor of a case pending in the plaintiff’s home court of the Northern District of Georgia.°
• Defended a leading Asia-based biosimilars company and represented it in one of the earliest multiparty BPCIA cases in Delaware, guiding the client through its first ever U.S. patent litigation.°
• Led a team representing a U.S.-based pharmaceutical company in a dispute with a major university based in the United Kingdom on issues of contract law and inventorship.°
• On behalf of a leading insurtech company facing an attempt by a European competitor to clone the client’s business model and outmaneuver it in the market, Scott assembled a team that brought a software copyright case on short notice, leading the adversary to dismiss its counsel, hire prominent new trial counsel and quickly (and cost effectively) voluntarily cease its attempts to copy the client’s business.°
• Took over the defense of Motorola as lead counsel, as well as leader of a large joint defense group late in the case, opposing a well-known industry wide enforcement action. Scott’s team quickly took discovery the joint defense group had overlooked, deposed the inventor for two full days, and filed a summary judgment of non-infringement and inequitable conduct, which allowed Motorola to secure a the result they were pursuing and, eventually, similar results for several prominent video game developers that marketed apps running on Android.°
• Led a cross-disciplinary team in an arbitration in London of a license dispute on behalf of a Swiss-based operating system developer against Oracle, in which Oracle engaged in abusive licensing practices regarding the Java Platform. The team Scott led asserted breach of contract and copyright infringement causes of action, as well as violations of FRAND commitments. After two vigorously argued hearings before the arbitral tribunal, the team Scott led successfully overturned, before the Ninth Circuit Court of Appeals, a district court’s attempt to hear the case despite the terms of the Java arbitration clause. The team he led also and successfully secured antisuit injunctions against Oracle’s attempts to sue the client for copyright infringement in district court, and secured a settlement for the client, believed to be one of only three successful challenges to the Java Platform licensing program.°

°The above representations were handled by Mr. Weingaertner prior to his joining Greenberg Traurig, LLP.

• Listed, The Best Lawyers in America, 2017, 2026
  • Litigation – Patent, 2017, 2026
  • Litigation – Intellectual Property, 2026
• Listed, The Legal 500 United States, Patent Litigation: Full Coverage and Trade Secrets, 2024
• Listed, IAM Strategy 300, “The World’s Leading IP Strategists,” 2017-2019
• Listed, IAM Patent 1000, “Leading Lawyer,” 2016-2019