R. Scott Johnson

R. Scott Johnson is a trial attorney and registered patent attorney with Fredrikson & Byron, P.A., where he serves as a shareholder and chair of the firm's Intellectual Property Litigation Group. He handles patent, trademark, copyright, and trade secret litigation, alongside licensing issues. His practice spans diverse industries including automotive, industrial manufacturing, pharmaceuticals, food and agriculture, and health care, with experience in both mechanical and electrical arts.

Johnson's litigation experience includes representing clients on both the plaintiff and defendant sides in intellectual property disputes nationwide. Notably, he has represented Berkshire Hathaway Energy Company as a defendant in Midwest Energy Emissions Corp. v. Berkshire Hathaway Energy Company et al. and as a plaintiff in Berkshire Hathaway Energy Company v. Birchtech Corp. f/k/a Midwest Energy Emissions Corp.. These cases involve patent disputes related to mercury-capture technology for coal-burning power plants. While a related Delaware action saw a $57 million verdict in favor of Midwest Energy Emissions Corp. against other defendants, the Iowa District Court case, in which Johnson was counsel for Berkshire Hathaway Energy Company, involved dismissals for some defendants and continued proceedings against others, eventually being consolidated into an MDL. His profile also highlights prior first-chair experience in patent and trade secret cases that resolved through favorable settlements.

Johnson frequently engages in Patent Trial and Appeal Board (PTAB) matters, demonstrating an aggressive PTAB strategy in conjunction with courtroom defense. This is evidenced by his representation of Berkshire Hathaway Energy Company as a petitioner in IPR proceedings (e.g., IPR2025-00423 and IPR2025-00274) challenging patents held by Birchtech Corp. f/k/a Midwest Energy Emissions Corp., which pertain to mercury removal from flue gas. He also provides opinion work on patent validity and infringement questions.

He earned his J.D., with honors, from Drake University Law School and a B.S. in Aerospace Engineering from Iowa State University. Johnson is also a Certified Licensing Professional.