Scott A. Penner

Senior Counsel


Scott A. Penner is a senior counsel and intellectual property lawyer with Foley & Lardner LLP. His practice focuses on patent litigation for client technologies ranging from medical devices to computer software (Internet advertising, encryption, video compression, dynamic libraries, and audio playback) to hardware design (semiconductors, microprocessors, and garage door openers). Mr. Penner is a member of the firm’s IP Litigation Practice.

Prior to joining Foley, Mr. Penner was an associate with Fish & Richardson where he worked on a broad range of cases as both defense and plaintiff’s counsel for Fortune 100 companies to start-ups throughout the country including the ITC. He also worked as a judicial extern for the Honorable Martin Jenkins for the Northern District of California. Prior to law school, Mr. Penner was a project manager at Tellme Networks and Microsoft Corporation, as well as a lead systems engineer for

Representative Experience

  • Successfully mediated settlement agreement for a software encryption company accused of infringing multiple patents after arguing and obtaining beneficial Markman ruling on key patent term.
  • Obtained favorable settlement for a large software company after drafting and filing a motion for sanctions against patentee for excessive discovery abuses. The case settled on the eve of the sanctions hearing.
  • Defended software company in a six-patent litigation in a competitor case related to video playback from optical discs. Resolved successfully.
  • Represented an e-mail encryption company in enforcing three of its patents related to analyzing and storing e-mail messages against a competitor. Resolved successfully.
  • Represented a large medical device company in enforcing seven patents against foreign manufacturer in ITC proceeding. Resolved successfully.
  • Represented licensee and patentee in multi-patent case involving garage door openers. On the eve of trial, and after a series of victories through motion practice, obtained successful settlement meeting all client objectives.
  • Following reexamination of multiple patents-in-suit, represented multiple defendants in litigation involving co-branding and private labeling of websites. Resolved successfully.


Mr. Penner was selected for inclusion in the 2014 - 2016 Southern California Super Lawyers® - Rising Stars lists.


Mr. Penner was an adjunct faculty member for Hastings College of Law where he taught brief writing and oral argument skills and edited student briefs for 1L moot court.


Mr. Penner earned his law degree from the University of California, Hastings College of the Law (J.D., magna cum laude, 2007) where he was elected to the Order of the Coif. He was also the editor-in-chief for the Hastings Constitutional Law Quarterly vol. 34 and staff editor for Hastings Business Law Journal vol. 1. Mr. Penner is also a graduate of Harvard University, where he obtained his bachelor’s degree in computer science (A.B., magna cum laude, 2001).

Admissions and Professional Memberships

Mr. Penner is admitted to practice in California.

Community Engagement

Mr. Penner is currently a legislative ambassador for the American Cancer Society where he advocates for cancer research and cancer program funding by meeting and lobbying California state and federal legislators, in 2005 he received the LAPEL award in recognition of this work and was a 2006 Celebration on the Hill delegate. He has also served as a board member for the South Peninsula Hebrew Day School.


Mr. Penner wrote “Changing the Balance of Power: Why the ‘Later-in-time’ Rule for Interpreting Conflicting Treaties and Statues Is Unconstitutional and Should Give Way to a ‘Treaty-trump,’” Rule, 34 HASTINGS CONST. L.Q. 355 (2007).