Fox Rothschild LLP

Scott R. Bialecki

Partner

Denver, CO

303.446.3851

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As a former Federal Trade Commission attorney and a registered patent attorney, Scott is among a select group of counsel in the country who offer both regulatory and intellectual property advice to clients both domestically and abroad. Scott routinely travels to Asia to lecture on various intellectual property and antitrust issues.

Scott helps clients build and protect their intellectual property through the use of trade secrets, patents, trademarks and copyrights, while remaining mindful of the related intellectual property and regulatory hurdles. He routinely files and defends against lawsuits in federal courts throughout the country involving patent, trademark, trade dress, copyright, trade secret, unfair competition, anti-cybersquatting, counterfeiting and/or deceptive trade practices claims. Scott has represented Fortune 100 companies, academic institutions, quasi-governmental bodies and individual inventors with regard to their litigation needs in a broad array of technologies, such as removable flash memory, microprocessors, securities trading systems, telecommunications switching systems, RFID and heart valves.

In addition to offering IP litigation advice, Scott also assists clients with their advertising needs, including evaluating endorsement and efficacy claims, and helping to orchestrate clinical trials, if necessary.

In private practice for more than a decade, Scott uses the consumer protection and antitrust experience he gained as a regulator at the FTC to strategically guide companies through their regulatory and intellectual property issues involving such agencies as the U.S. Patent and Trademark Office, FTC, National Advertising Division and National Advertising Review Council. He has also successfully defended against a potential medical device recall by the U.S. Food and Drug Administration.

Before Fox Rothschild

Scott was a partner at an international law firm in Denver where he chaired the Intellectual Property Litigation Group and co-chaired the firm’s Asian Practice Group.

During his five years as an attorney for the FTC, Scott obtained multiple ex parte temporary restraining orders and asset freezes in a variety of jurisdictions. In 1997, he obtained the largest collected judgment for the entire FTC in a consumer protection matter involving multilevel marketing. Scott also analyzed Section 7 Clayton mergers, tying arrangements, full-line forcing, group boycotts, resale price maintenance and Section 2 monopolization issues, with an emphasis on health care.

Beyond Fox Rothschild

Scott currently sits on the Board of Directors for the Dominican Sisters Home Health Agency of Denver, Inc., which provides free, in-home health services to the poor, sick and elderly throughout the metro-Denver area. Prior thereto, Scott served on the Colorado Governor’s Council on Housing and the Homeless from 1999 to 2001. He also previously served as a Mount Saint Vincent’s Visiting Friend and was involved with Big Brothers of Northern Colorado and Delaware.

Scott is training to get his black belt in Taekwondo.

Representative Matters

  • Routinely defends companies against trolls in patent infringement suits
  • Defended a leading beef processor in a multi-patent dispute in the Eastern District of Texas
  • Defended against a patent infringement suit involving securities trading systems in the Southern District of New York
  • Obtained a $1.6 million Stipulated Final Judgment for a Fortune 150 company in 50 John Doe trademark infringement actions involving Internet affiliate marketing
  • Obtained broad injunctive relief for a large distillery in a trademark infringerment action
  • Defended against Lanham Act false advertising violations involving environmental remediation technology in the Northern District of Georgia
  • Obtained complete dismissal of trade dress infringement allegations for leading pet products manufacturer
  • Defended against Lanham Act counterfeit allegations involving an electronics reseller in the Eastern District of New York
  • Effectively represented an aviation training material manufacturer in a copyright infringement matter with a former employee
  • Obtained complete dismissal of copyright allegations by an architectural designs holding company prior to formal discovery
  • Represented a major knife manufacturer with regard to a nationwide enforcement campaign involving trademark infringement and domain names
  • Successfully represented a cosmetic manufacturer involving various patent, trademark and trade secret matters throughout the country
  • Defended a Korean independent contractor in a Korean contract dispute
  • Successfully defended against a potential medical device recall by the FDA  

Client Resources

IP & Regulatory Law Blog
Since its creation in 1914, the Federal Trade Commission (FTC) has directed and administered a variety of laws and regulations with the common goal of protecting consumers. As a former FTC regulator, Scott Bialecki uses the IP & Regulatory Law Blog to inform readers of new and changing regulations as well as patent, trademark, copyright and other intellectual property-related issues.
View Blog

Honors and Awards

  • Included in a list of Top-Rated Lawyers in Intellectual Property by American Lawyer Media and Martindale-Hubbell™ (2013, 2014)  
  • Included in a list of Colorado Super Lawyers (2010 - 2013) and Colorado Super Lawyers Top 100 List (2012 - 2014)
  • Included in “Super Lawyers Business Edition” in the area of Intellectual Property (2013)
  • Martindale-Hubbell AV rated as one of "Denver's Top Rated Lawyers"
Practice Areas
Antitrust
Intellectual Property
International
IP Litigation
Patent Prosecution & Transactions
Post-Grant Proceedings
Trade Secrets
Trademarks

Bar Admissions

Colorado

New York


Education

J.D., Widener University, 1992

B.S., Computer Science with a Minor in Electrical Engineering, University of Virginia, 1989


Court Admissions

U.S. Patent and Trademark Office

U.S. District Court of Appeals, Tenth District

U.S. Court of Appeals, Federal Circuit

U.S. District Court, District of Colorado


Memberships

American Bar Association, Antitrust and Intellectual Property Sections

Colorado Bar Association, Patent, Trademark and Copyright; Business Law; and Antitrust Sections

Asian Pacific American Bar Association of Colorado

Denver Bar Association

New York State Bar Association

International Trademark Association


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