Scott D. Swanson

Scott D. Swanson, Registered Patent Attorney | 208 345-1122 | 877-611-1122swanson@shaverswanson.com | Our email policy

Scott D. Swanson is a registered patent attorney who co-founded the Firm in 2015.   Scott focuses on patent searching and patent prosecution, freedom to operate opinions, trademark searching, Federal trademark application filings, and intellectual property litigation including roles as both lead counsel and as local counsel for out of state attorneys representing clients in Idaho and Utah courts.

Scott has been registered to practice before the U.S. Patent and Trademark Office since March of 2007 and is licensed in Idaho and Utah. Scott is an Idaho native, born and raised in Pocatello, Idaho. Scott earned a Bachelor’s degree in Biochemistry from the University of Idaho in Moscow, Idaho. Scott attended Ave Maria School of Law in Ann Arbor, Michigan, on a full tuition scholarship.

In addition to his professional interests, Scott enjoys spending time outdoors flyfishing, mountain biking, and downhill skiing. Scott is an avid fly fisherman and fly tier who can often be seen with a fly rod on Idaho’s lakes and rivers throughout the year.  Scott also enjoys hunting, both archery and firearm, who enjoys pursuing upland birds, waterfowl and big game, particularly elk, throughout the State of Idaho.

Education:

  • J.D. May 2007, Ave Maria School of Law, Ann Arbor, MI
  • B.S. Biochemistry December 2003, University of Idaho, Moscow, ID
  • Attended: Whitman College, Walla Walla, WA, 1999-2001

Contact Information:

  • Phone: 208.345.1122
  • Toll Free: 877.611.1122

Email: swanson@shaverswanson.com

Admissions:

  • United States Patent and Trademark Office (2007)
  • United States Court of Appeals for the Federal Circuit (2019)
  • Federal District Court for the District of Idaho (2009)
  • Federal District Court for the District of Utah (2007)
  • Federal District Court for the District of Colorado (2016)
  • Federal District Court for the Eastern District of Wisconsin (2017)
  • Federal District Court for the Northern District of Indiana (2017)
  • Federal District Court for the Southern District of Indiana (2017)
  • Supreme Court of Idaho, Idaho Bar (2009)
  • Supreme Court of Utah, Utah Bar (2007)

     Pro Hac Vice Appearances:

  • Federal District Court for the Western District of North Carolina 
  • Federal District Court for the Northern District of California
  • Federal District Court for the District of New Jersey
  • Federal District Court for the Northern District of Ohio

Professional Memberships:

  • American Bar Association
  • Idaho State Bar
  • Utah State Bar
  • Utah State Bar Young Lawyers Division
  • Utah State Bar Intellectual Property Division
  • Idaho State Bar Intellectual Property Division
  • Idaho State Bar Young Lawyers Division
  • Boise Young Professionals

Awards and Achievements:

  • Scott’s litigation practice has been multi-jurisdictional in that Scott has represented clients and been admitted, either pro hac vice or formally admitted, in Federal Courts in the District of Idaho, District of Utah, Northern District of California, Northern District of Ohio, District of New Jersey, District of Minnesota, Northern District of Indiana, Western District of North Carolina, and the District of Wisconsin.
  • Scott has prosecuted and defended Trademark Trial and Appeal Board proceedings including Trademark Opposition and Cancellation proceedings.

Highlights:

  • Obtained transfer of case alleging trademark infringement from the District of Idaho to the Eastern District of Pennsylvania, where the client was located. (2019). order granting transfer (1).
  • Obtained summary judgment of patent non-infringement and invalidity in the case of Anderson Manufacturing, Inc. v. Wyers Products Group, Inc. The court ruled the client did not infringe the first asserted patent and the remaining asserted claims of the second patent were invalid.  Scott co-counseled this case with Rick Martin of Rick Martin, P.C. against the large firm of Knobbe Martens, one of America’s largest Intellectual Property Law firms. (2019). Read the 114.00 Order Granting Def’s Motion for Summary Judgment.
  • Represented individual photographer against large company in claims of copyright infringement and unfair competition for allegations of misuse of photographer’s photograph. (2018).
  • Obtained directed verdict at trial in favor of clients regarding claims of business ownership of company. (2017).
  • Obtained favorable settlement for trademark owner in case of competitor utilizing trademark owner’s trademark as a hashtag in social media.  Competitor agreed to change name of company and to refrain from utilizing client’s trademark in social media hashtags. (2015).
  • Obtained dismissal of state court action based on trademark infringement claims, copyright infringement claims, and trademark dilution claims for local company accused of adopting the same name and logo of out-of-area company.  Although the client changed names to avoid a potential lawsuit although infringement was disputed, the opposing party filed suit for damages.  Dismissal was based on state claims being barred by the applicable statute of limitations, federal claims being dismissed for failure to meet the requirements of the Commerce Clause and the complained of actions not being in interstate commerce, and Federal preemption of state copyright claims. (2015)
  • Published article entitled “The Digital Millennium Copyright Act and the iPhone:  An Unnecessary Proceeding,” in the August, 2010 edition of the Journal of Internet Law.  The article was originally published in February, 2010 edition of the Idaho State Bar’s publication of The Advocate.  The article can be viewed here.
  • Presented a CLE on nontraditional trademarks entitled “Shapes, Sounds & Scents:  A CLE on Nontraditional Trademarks” on May 20, 2010 to the Idaho State Bar Intellectual Property Division.
  • Idaho State Bar Intellectual Property Section Southern Vice Chairperson, 2015-2016.
  • Idaho State Bar Intellectual Property Section Chair 2010-2011.
  • Idaho State Bar Intellectual Property Section Treasurer 2009-2010.
  • Represented Ave Maria as a member of a two person team in the prestigious Giles Sutherland Rich Memorial Moot Court Competition in Chicago, IL, regarding patent law in 2006.
  • Ave Maria St. Thomas Moore Full Tuition Scholarship
  • Listed in Madison Who’s Who 2009

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