Scott Cole, Managing Partner of the firm’s Austin office, is a nationally recognized trial lawyer and a leading patent litigator. With 30 years of experience in commercial and intellectual property disputes, Scott has tried more than 30 cases to verdict, securing four nine-figure verdicts and numerous eight- and seven-figure outcomes for plaintiffs. He has recovered well over $1 billion for his clients.

Recognized as a leading patent litigator by IAM Patent 1000 for more than a decade, Scott’s experience spans all aspects of trial work, including jury selection, opening statements, direct and cross-examinations, and closing arguments.

Scott’s extensive experience spans a wide array of industries, showcasing his versatility and expertise across diverse sectors. He has handled complex matters involving technology fields such as telecommunications, microprocessors, enterprise software, and video streaming, as well as traditional industries like oil and gas, commercial real estate, and retail. His work also includes specialized areas like standards essential patents, music royalties, mergers and acquisitions, and health care, reflecting his ability to manage intricate legal challenges across both emerging and established markets. From database software to automotive systems and water utilities, Scott’s industry knowledge is both expansive and deeply refined.

Scott has built his career at some of the world’s top law firms. Most recently, he was a partner at Quinn Emanuel Urquhart & Sullivan, LLP, where he helped establish its Austin office. Prior to that, he spent 20 years at McKool Smith, where he was the architect behind the landmark $400 million Versata Software v. SAP victory. This achievement earned him “Litigator of the Week” honors from Texas Lawyer, followed by recognition from The American Lawyer for the Federal Circuit’s affirmance of that judgment—believed to be the largest ever upheld by the court at the time. Scott began his career at Vinson & Elkins LLP and also spent a year in private equity.

A graduate of The University of Texas School of Law with honors, Scott earned a place among the Chancellors (top 16 students) and was selected for the Order of the Coif (top 10% of his class). As a Townes-Rice Scholar, he attended law school on a full academic scholarship and was actively involved with the Board of Advocates. Scott also contributed to the Texas Law Review and secured multiple championships in moot court and mock trial competitions, including the Thad T. Hutcheson Moot Court, Carl Wilson Mock Trial, Vial, Hamilton, Koch & Knox Senior Mock Trial, and Strasburger & Price Senior Honors Mock Trial. He has been consistently recognized by Best Lawyers in America since 2014.

Representative Matters

Patent Litigation 

• Versata Software v. SAP. Lead counsel in representing an enterprise software company in a patent-infringement action against the dominant industry player, SAP. In 2009, following a two-week trial, won a $138 million verdict (the 5th largest verdict in the State of Texas that year). Based on post-verdict case-law developments, a new trial was ordered. In May 2011, the case was retried, and the result was a much larger $345 million verdict, followed by a $391 million judgment. The verdict was the fifth largest patent infringement verdict of 2011 in the United States and the eighth largest verdict of any kind nationwide that year. The entire damages judgment was then affirmed on appeal by the Federal Circuit in what is believed to be the largest monetary judgment ever affirmed by the Federal Circuit at the time. The case then settled. (EDTX).

• Rambus v. Hynix et. al. Represented Rambus in a two-month patent and antitrust jury trial pitting Rambus against several DRAM manufacturers, who accused Rambus of manipulating the standards-setting process.  Rambus prevailed on all issues. (N.D. Cal.).

• WiLAN v. Apple. Trial counsel for WiLAN, Inc. in obtaining an $85 million patent-infringement verdict against Apple. The district court denied Apple’s post-trial motions and added interest to the verdict, culminating in a $108.9 million judgment. The verdict represented 100% of the requested damages. The case ultimately settled. (S.D. Cal.).

• Ericsson, Inc. v. Samsung. Represented Ericsson in a series of patent infringement suits and ITC actions against Samsung following the expiration of a worldwide patent cross-license between the parties. Following the first ITC hearing (but prior to the ALJ’s ruling), the parties settled by signing a new, multi-year worldwide license.  (EDTX and ITC).

• Ericsson Inc. et al v. Apple Inc. Represented Ericsson in patent infringement and breach of contract litigation with Apple in the ITC and district court relating to LTE, WCDMA, and GSM/GPRS/EDGE technologies. The litigation settled favorably prior to an initial determination by the ITC or district court trial. (EDTX and ITC).

• i2 Technologies, Inc. et al v. Oracle Corporation et al. Represented i2 in a patent infringement action against Oracle involving enterprise software patents, including factory planning, demand planning, and supply chain management software. The parties reached a $37.5 million publicly disclosed settlement agreement following the pretrial conference. (EDTX).

Commercial Litigation 

• Quincy Jones v. MJJ Productions. Trial counsel for legendary music producer Quincy Jones in winning a $9.4 million jury verdict against the Michael Jackson estate in a breach of contract and royalty dispute. Damages were reduced on appeal. (California State Court – Los Angeles).

• David’s Supermarkets v. Fleming Companies. After a four-week trial, won a landmark $211 million jury verdict for breach-of-contract and fraud in a case involving overcharges under a supply contract, which was profiled in a front-page article in The Wall Street Journal.  This litigation was also noted in the industry publication Supermarket News as one of the most significant industry events (and the only lawsuit mentioned) in the past 50 years. The case ultimately settled for a confidential sum. (Texas State Court – Johnson County).

• Apex Parks Group v. Protective Life. Lead trial counsel in a case for recovery under a key-man life insurance policy covering Apex’s CEO.  After a two-week trial, Apex overcame several defenses asserted by Protective Life and obtained a $10 million verdict. (Alabama State Court – Birmingham).

• Capital Royalty and Children’s Medical Center of Boston v. Celgene. Represented Capital Royalty as joint plaintiffs with Children’s Medical Center of Boston in a breach of license suit against Celgene. Won a key summary judgment ruling, which led to a $198.5 million settlement for client and co-plaintiff. (D. Mass.).

• City of Austin v. Convergent Group. Represented a software developer in a lawsuit brought against it by the City of Austin.  Following a counter-offensive, the case was settled with no cash payment to the City and with the City purchasing $36 million in additional equipment from the company. In a front-page article on the settlement, the Austin American-Statesman reported: “The city-owned electric utility has come up with a unique way to settle a lawsuit over an $8.3 million software contract gone awry: Buy $36 million worth of wireless meter-reading equipment from the company’s new owner.” (Texas State Court – Travis County).

• Wyble v. Gulf South Pipeline. Represented major pipeline company in citizen-suit seeking to force the company to spend billions for alleged violations of federal regulations. Won summary judgment. (EDTX).

• ORIX Capital Markets v. Wachovia Bank. Won liability issues in a breach of contract suit on behalf of a commercial mortgage-backed securities trust.  Despite the liability victory, no damages were awarded by the Court after the two-week bench trial. (NDTX).

• Randall’s Food Markets v. Fleming. Represented a Texas-based grocery chain in arbitration against supplier. Following a two-week arbitration, obtained termination of a $400 million per-year contract, clearing the way for the client to be acquired by a major national supermarket chain. (Arbitration).

• Furr’s Supermarkets v. Fleming. Represented the plaintiff, a major grocery chain, against its supplier.  The case settled favorably, allowing the orderly termination of a $500 million per-year supply contract along with a substantial payment to the plaintiff. (D. NM).

Rankings & Honors

• IAM Patent 1000: The World’s Leading Patent Practitioners

• The American Lawyer, “Litigator of the Week” (2013)

• Texas Lawyer, “Litigator of the Week” (2011)

• Best Lawyers in America (2014 – present)

Media

• Law360, Fed. Circ. Affirms Versata’s $391M Patent Win Against SAP

• Reuters, Samsung to pay Ericsson $650 million plus royalties to end patent spat

• Reuters, Ericsson signs patent deal with Apple, shares soar

• StreetInsider, JDA Software Unit Settles Litigation, Enters License Agreement with Oracle

• Wall Street Journal, Grocer’s Award Reveals Maze of Wholesale Pricing

• Austin American-Statesman, April 24, 2002: Unusual deal settles utility’s lawsuit. Austin Energy to buy $36 million in equipment from new owner of contractor it had sued.