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Community Spotlight: Scott Davis, Partner, Klarquist

By John Freund |
April 2, 2025

Community Spotlight: Scott Davis, Partner, Klarquist

Scott focuses on intellectual property litigation, representing clients in courts throughout the U.S. He has had great success both obtaining relief for intellectual property owners and defending suits in a wide range of technical fields in cases involving patent, trade secret, unfair competition, employment agreement, copyright, DMCA, trademark, trade dress, product configuration, and false advertising claims.

Scott has litigated cases involving chemical, mechanical, medical device, internet, software, encryption, computer, clean energy, automotive, apparel, food, agricultural, and pharmaceutical technologies. Representing some of the largest companies in the world as well as smaller businesses and start-ups, he has succeeded for clients such as Adobe, British Airways, Columbia River Knife & Tool, Capsugel, Costco, Danner, DexCom, Intuit, Microsoft, Nightforce, Phibro Animal Health Corporation, SAP, SunModo, and Yelp.

Describing his past success and approach with the Klarquist litigation team, IAM Patent 1000 recently lauded Scott’s ability to assess the best strategies and his talent for understanding and simplifying complex technology, and noted that Scott will “always put your objectives first and act like a part of your team.”

Company Name and Description: Klarquist is a full-service intellectual property (IP) law firm with services including IP counseling, patents, trademarks, copyrights, litigation, and post-grant USPTO proceedings. Because we focus our practice exclusively on intellectual property, our prosecution professionals leverage a thorough understanding of our clients’ cutting-edge technology to an extent not seen in general practice firms. Our technical expertise covers biotechnology, physics and optics, chemistry, electrical and mechanical engineering, software and computer science, plants, and semiconductors.

Klarquist is one of the oldest and largest intellectual property law firms in the Pacific Northwest. For more than 80 years, the firm has provided intellectual property legal services to innovators of all stripes and sizes. The firm has over 60 attorneys and patent agents, more than 90% of whom hold technical degrees and many with doctorates in their respective fields. Klarquist professionals are adept at handling all phases of intellectual property matters, from procurement to transfer to litigation of disputes and post-grant review proceedings. Our roster of clients includes some of the most innovative companies and institutions in the world, from Amazon and Microsoft to the U.S. Government, which chooses Klarquist to procure its patents more than any other firm in the nation. As a full-service intellectual property boutique, Klarquist is uniquely equipped to handle any matter, for any innovator, in virtually every area of modern technology.

Website: www.klarquist.com

Year Founded: 1941

Headquarters: Portland, Oregon

Areas of Interest: Dispute resolution, litigation, and patent post grant proceedings.

Member Quote: “Litigation funding provides a key to unlock access to civil justice.”

About the author

John Freund

John Freund

Commercial

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Commercial

Queensland Court Halts Blue Sky Insider Trading Class Action Over $630,000 Security for Costs

The Supreme Court of Queensland has stayed an insider trading class action after ordering the plaintiff to post $630,000 in security for costs across seven defendants, finding there was reason to believe the company could not meet an adverse costs award.

As reported by Insurance Business Australia, the plaintiff, Blue Dog Group, never produced financial statements or management accounts despite repeated requests from the defendants about who was funding the case. The plaintiff's solicitor offered only general assurances that security would be provided "where it ought to do so."

Notably, no litigation funder is involved in the proceeding. That absence is central to the outcome: with no funder standing behind the claim, the defendants' costs exposure ran to the plaintiff company's own balance sheet, which was never disclosed. The court found there was reason to believe Blue Dog could not pay the defendants' costs — a proposition the plaintiff did not seriously contest.

The proceedings have been stayed and disclosure paused until security is posted.

The decision is a reminder that funding transparency cuts both ways. Defendants increasingly press for disclosure of funding arrangements as a route to security applications, and an unfunded corporate plaintiff that declines to open its books may find that silence treated as evidence of impecuniosity. For claimants without institutional backing, the practical effect is that a security order can stop a class action before the merits are reached.

Commercial

KP Law’s £250 Million Binance Group Action Reaches 2,700 Claimants

More than 1,000 additional claimants in England and Wales have joined a group action against cryptocurrency exchange Binance and its founder Changpeng Zhao, bringing the total to roughly 2,700 consumers globally. KP Law, which is running the claim, describes it as the first of its kind in the United Kingdom.

As reported by The Law Society Gazette, the announcement coincided with the Financial Conduct Authority opening its authorisation gateway for the UK's new crypto asset regulatory regime, which comes into force on 25 October 2027. Binance is expected to apply under that regime.

The claim was filed in the High Court in June, and claims issued now exceed £250 million. Claimants allege that Binance sold high-risk leveraged and derivative products — including leverage, futures and options — to UK users without FCA authorisation between late 2019 and early 2020. They contend those products are specified investments under the Financial Services and Markets Act 2000, which may only be sold by authorised persons.

Binance has more than 300 million customers worldwide. Individual claimants are reported to have lost sums ranging from tens of thousands to millions of pounds.

KP Law partner Hannah Sharp noted that Binance Markets Limited was barred from carrying on regulated activity in the UK in 2021.

No litigation funder is identified in connection with the claim. Opt-in group actions of this scale nonetheless depend heavily on book-building and costs cover, making the financing arrangements behind the claim a point of interest as the case progresses.

Commercial

Govia Thameslink Rail Fares Class Action Decertified After Search for Replacement Class Representative Fails

The Competition Appeal Tribunal has revoked the collective proceedings order in Boyle v Govia Thameslink Railway, ending a claim first filed in 2021. The proceedings had been stayed since June of last year, when original class representative David Courtney Boyle died from Parkinson's disease, and no replacement representative was ever secured.

As reported by The Law Society Gazette, a CAT judgment published this month confirms that no new class representative came forward and that the CPO has been revoked. The GTR Collective Proceedings website states the claim was decertified on the basis of a CAT order made in April, and that the site will close shortly.

The failed search for a successor illustrates how dependent opt-out competition claims are on funding and insurance. Walter Merricks CBE announced plans to step into the role in November of last year, but withdrew his application in January after failing to secure after-the-event insurance. In May, he was ordered to make an interim payment of £70,000 towards the defendants' costs.

A costs hearing in the underlying proceedings has been adjourned to the next available date after 6 November.

A GTR spokesperson said: "GTR welcomes the end of the proceedings. We have always been clear that we acted lawfully and fairly towards our passengers."

The outcome underscores the structural fragility of CAT collective actions in which the class representative's position rests on securing adverse costs cover, and the practical difficulty of substituting a representative once a claim has already been stayed.