Scott Hejny is a principal in the Dallas office of McKool Smith with a practice concentrating on commercial and intellectual property litigation.
Scott is an experienced trial lawyer whose practice focuses on high-stakes patent litigation and complex commercial disputes. He has experience representing both plaintiffs and defendants in a wide variety of intellectual property disputes in federal courts across the United States. Scott has experience as trial counsel in cases related to wireless phone and data transmission, oil-field tools and processes, integrated circuitry, operating system software, environmental control systems, and pharmaceutical technologies. He is a registered patent attorney.
Before earning his law degree, Scott worked as a patent agent for a Houston law firm. While there, he drafted and prosecuted numerous patent applications related to electrical and mechanical systems. Scott has also worked as a design engineer for a major oilfield services company.
- Dynamic 3D Geosolutions LLC v. Halliburton et al. Represents Halliburton in a patent infringement suit in the Western District of Texas related to geophysical software used to produce three-dimensional models of subterranean formations.
- Dynamic 3D Geosolutions LLC v. LMKR et al. Represents LMKR in a patent infringement suit in the Western District of Texas related to geophysical software used to produce three-dimensional models of subterranean formations.
- Legacy Separators LLC v. Halliburton et al. Represents Halliburton in a patent infringement and trade secret case pending in the Southern District of Texas related to downhole separators used to remove gas from production fluids in subterranean wells.
- Deere & Co. v. Alamo Group and Bush Hog Inc. Lead trial counsel for Alamo and Bush Hog Inc. in a patent infringement lawsuit related to flex-wing rotary cutters. After a three-week trial in Davenport, Iowa, the jury returned a verdict in favor of Alamo and Bush Hog, finding the asserted patent not infringed and invalid on multiple grounds. The case is currently on appeal.
- In re: Oil Spill by the Oil Rig Deepwater Horizon. Represented Halliburton and Sperry Sun in the MDL litigation related to the Macondo/Deepwater Horizon blowout.
- Weatherford International v. Halliburton. Represented Halliburton in a suit in which Weatherford alleged infringement of patents covering method of forming composite parts for use in downhole tools, such as frac plugs, bridge plugs, and packers. The case settled on favorable terms.
- Bedrock v. Google. Represented Bedrock as trial counsel in a patent infringement action related to a software patent covering a method for improving the speed and efficiency of web servers. Following a six-day trial in Tyler, Texas, the McKool Smith team won a jury verdict in favor of Bedrock in which the jury found the patent infringed, valid, and awarded a royalty to Bedrock. The case then settled prior to the entry of judgment.
- i2 Technologies v. SAP. Represented i2 Technologies as plaintiff against SAP asserting infringement of seven patents. The case settled shortly after the Markman hearing.
- US Synthetic Corporation and Halliburton Energy Services Inc. Represented US Synthetic and Halliburton against patent infringement claims filed by ReedHycalog based on four patents related to leached diamond drill-bit cutting elements. The case settled favorably shortly after the pretrial conference.
Rankings & Honors
- Named a Texas "Rising Star" by Super Lawyers, 2008-2012
Community & Professional Activities
- American Intellectual Property Law Association
- Past director, Intellectual Property Section of the Dallas Bar Association
Media & Events
- Scott Hejny quoted in Bloomberg Law's article, "New Patent Eligibility Bill Takes Aim at High Court Inaction (1)"08.05.2022
- Scott Hejny provided commentary to IPWatchdog's article, "A Cautious Welcome: Patent Community Chimes in on Tillis’ Eligibility"08.05.2022
- Scott Hejny quoted in IPWatchdog's article, "American Axle Denied: Patent Stakeholders Sound Off on SCOTUS’ Refusal to Deal with Eligibility"07.05.2022
- Scott Hejny quoted in IP Watchdog's article "IP Practitioners Speak Out on the U.S. Government’s Approach in American Axle Brief"05.31.2022
- Scott Hejny quoted in World IP Review’s article “Rejected Post-Arthrex Bids Signal Uncertainty Over USPTO Director’s Authority08.05.2021
- Scott Hejny quoted in World IP Review’s article “USPTO’s Arthrex Guidance Offers Window into Agency’s Thinking”07.27.2021
- Scott Hejny quoted in Intellectual Property Magazine’s article, “Arthrex Finds That APJs Are Unconstitutionally Appointed”06.22.2021
- Scott Hejny provided commentary to the Westlaw article, "Supreme Court's Appointments Clause Ruling Will Keep PTAB Intact, Lawyers Predict"03.08.2021
- Scott Hejny quoted in Managing IP's article, "USPTO Driven To Drop Rules Package and Get Trial Denial Input"10.27.2020
- Scott Hejny was quoted in Law360's article, "PTAB Limits on Amendment Rejections Spur Quality Worries"07.14.2020
- Scott Hejny provided commentary to Law360's "3 COVID-19 Changes IP Attys Want to Keep & 1 That Must Go"04.03.2020
- Scott Hejny contributed to Law360's article "Attorneys Optimistic Pandemic Won't Disrupt USPTO Filings"03.18.2020
- Scott Hejny provides commentary to Law360's report "USPTO Floats New Rules For Amending In AIA Review"10.22.2019
- Kevin Schubert and Scott Hejny publish "Recent Fed. Circ. Patent Eligibility Rulings Offer Drafting Tips"11.08.2022
- Scott Hejny and James Quigley published the article “Arthrex: the Supreme Court Preserves the PTAB System” on Licensing Executives Society (LSE)06.28.2021
- "A Question of Authority - The Federal Circuit's Criticism of the POP in Windy City" by James Quigley and Scott Hejny04.21.2020
J.D., cum laude, University of Houston Law Center, 2002
- Order of the Barons
- Articles editor, Houston Law Review
M.S., Mechanical Engineering, Rice University, 1997
B.S., magna cum laude, Aerospace Engineering, Texas A&M University, 1995
- State of Texas
- The U.S. District Courts for the Northern and Eastern Districts of Texas
- The U.S. Patent and Trademark Office
- American Bar Association
- Dallas Bar Association