John B Scherling Partner

John Scherling is a Partner in the San Diego office of Sughrue Mion, PLLC, focusing on litigation and resolution of intellectual property disputes.  He previously served as an Assistant United States Attorney in the Criminal and Civil Divisions of the United States Attorney’s Office in the Southern District of California, where he handled all aspects of litigation including jury trials, bench trials and appeals in the United States Court of Appeals for the Ninth Circuit.  Mr. Scherling received numerous awards from the United States Department of Justice and the Department of State for his successful litigation on behalf of the United States.  Mr. Scherling has a technical emphasis in chemistry, as well as biochemistry and microbiology, acquired during his undergraduate studies at Iowa State University (B.S. with Honors and Distinction).  Mr. Scherling received his J.D. from Vanderbilt University, where he was Order of the Coif and Associate Articles Editor of the Vanderbilt Law Review.  Following receipt of his J.D., Mr. Scherling served as a law clerk to the Honorable Judith N. Keep in the United States District Court for the Southern District of California.

California
U.S. District Court for the Southern District of California
U.S. District Court for the Central District of California
U.S. District Court for the Northern District of California
U.S. District Court for the Eastern District of California
U.S. Court of Appeals Eighth Circuit
U.S. Court of Appeals Ninth Circuit
U.S. Court of Appeals - Federal Circuit

Vanderbilt University (J.D.  1985; Order of the Coif
Associate Articles Editor, Vanderbilt Law Review
American Jurisprudence Award, Torts)
Iowa State University (B.S. Chemistry, Psychology and Political Science, with Honors and Distinction 1982)

2011 San Diego Daily Transcript Top Attorneys Award, Intellectual Property Litigation
2008-2010 Co-Chair, Attorney Representative Committee, U.S. District Court, Southern District of California
2008-2010 Lawyer Representative Coordinating Committee, Ninth Circuit Judicial Conference
2004 United States Attorney’s Office Outstanding Performance in Trial
2003 Social Security Administration General Counsel’s Citation
2001 John R. Neece Award for Diligence, Excellence and Integrity as Civil AUSA
1998 United States Department of Justice Special Achievement Award
1995 United States Attorney’s Office Award for Excellence
1994 United States Department of Justice, Drug Enforcement Administration
Outstanding Contributions in the Field of Drug Law Enforcement
1994 United States Department of State, Bureau of Diplomatic Security, Outstanding
Contributions to the Operations of the San Diego Resident Office
1993 United States Department of Justice, Drug Enforcement Administration,   Outstanding Contributions in the Field of Drug Law Enforcement

U.S. Attorney’s Office, SDCA (1990-2005) – Assistant U.S. Attorney
Gibson, Dunn & Crutcher (1986-1990) – Litigation Associate, San Diego
Hon. Judith N. Keep (1985-1986) – Law Clerk , United States District Judge, SDCA

J. Schmalz GMBH et al. v. Coval SAS, et al., Civil Case No. 5:10-CV-00467-D (E.D.N.C.) ‎(patent infringement - settlement)

Santa Barbara Winery, Inc. v. Treasury Wine Estates Americas Co., et al., No. CV10-1026-JHN(PLAx) (CDCA 2010) (trademark infringement - settlement)

KV Pharmaceutical Co. v. J. Uriach & CIA S.A., No. 4:09-cv-1700-TCM (E.D. Mo. 2009) ‎(trade secret - settlement)‎

CNH America v. Kinze Mfg., No. 08-945 (GMS) (D. Del. 2008) (patent infringement - jury trial - settlement)

Titan Tire Corp. and The Goodyear Tire & Rubber Co. v. Case New Holland, et al., No. 07-63 (S.D. Iowa 2007) (design patent infringement - settlement)

B&H Mfg. Co., Inc. v. Sidel, Inc., et al., No. 07-cv-02208 MCE EFB (EDCA 2007) (patent infringement - settlement)

Mars, Inc. v. Natraceutical, S.A., No. 07-1574 (SRC) (D.N.J. 2007) (patent infringement - settlement)

Topolewski America, Inc., et al. v. Under Armour, Inc., No. CV06-1147RJK(VBKx) (CDCA 2006) (trademark infringement - settlement)

Cognos Inc. v. Cognos Systems Inc., No. 06cv0995-BTM(RBB) (SDCA 2006) (trademark infringement- settlement)

ETG, Inc. v. Sonic Innovations, Inc., et al., No. 05-422(GMS) (D. Del. 2005) (patent infringement - jury trial)

Contois Music Technology , LLC v. Apple Computer, Inc., No. 2:05-CV-163 (D. VT 2005) (patent infringement- settlement)

JWC Environmental v. Franklin Miller, Inc., No. 3:06-04864 (NDCA 2006) (patent infringement - settlement)

Moba, Inc. v. Smithkline Beecham Corp., No. 06cv0827-R(LSP) (SDCA 2006) (trademark infringement - settlement)

Otillia Hertel, KG, et al. v. Odermatt, et al., No. CV 06-01266 JL (NDCA 2006) (trademark infringement - settlement)

Associations
American Bar Association
American Intellectual Property Law Association
Association of Business Trial Lawyers
Federal Bar Association
Licensing Executives Society
San Diego County Bar Association
San Diego Intellectual Property Law Association

Moderator, CONNECT CEO Strategy Forum, Managing Your Company in a Regulated Environment, San Diego, California ‎‎(April 2012)‎
Co-Author and Panelist, Rational Reasonable Royalty Damages: A Return to the Roots (November/December 2011 ABA Landslide Volume 4, Number 2) (February 2012 ABA Webinar)
Moderator, CONNECT Financial Forum, IP Insurance, San Diego, California (May 2011)
Panelist, IP Counsel Café, Palo Alto, California (April 2010)
Speaker, SDCBA Federal Court Bridging the Gap Program (February 2010)
Panel Moderator, Southern District of California District Conference (May 2009)
Instructor, U.S. IP Litigation Seminar and Patent Trial Demonstration, Hainan, China (November 2006)
Instructor, U.S. IP Litigation Seminar and Patent Trial Demonstration, Seoul, South Korea (February 2006)