Scott is an M.D. and registered patent attorney who has spent nearly two decades advising medical device companies and the investors who fund them. Having worked as both outside counsel to companies in all stages of development and in-house counsel at several highly successful medical device companies, Scott brings an insider’s perspective and unique skill set to his medical device clients.

Scott helped build valuable IP portfolios as in-house counsel at Acclarent (acquired by JNJ for $800M), Pulmonx, Baxano and Align Technology. He brings the same level of care and attention to detail to his clients, which have developed medical technologies in a wide array of fields, including otolaryngology (ENT), pulmonology, spine, orthopedics, cardiology, cardiothoracic surgery, neurology, neurosurgery, ophthalmology, gastroenterology, women's health, robotic surgery, obesity and orthodontics.

In addition to his company-side work, Scott has extensive experience conducting IP diligence for venture capital firms and other investors. He began his practice in Silicon Valley and continues an active practice there, while living and working in Minneapolis.

In his spare time, Scott runs marathons, writes screenplays, and tries his best to be a great husband and father.

Education

University of Arizona College of Medicine
M.D., 2001

The Ohio State University Moritz College of Law
J.D., 1994
Editor, Ohio State Law Journal

Northwestern University
B.A., 1991

Admissions

California
Minnesota
U.S. Patent and Trademark Office

Professional Affiliations

Stanford Biodesign Program Guest Lecturer and Mentor, 2010 - present
StartX Med Mentor Board Member, 2010 - present

Publications & Speaking

Presentations

Successfully Navigating IP Due Diligence – Panel Discussion with Tom Ressemann (CEO, Amphora Medical) and Josh Baltzell (Venture Partner, SightLine Partners) - Dorsey 4D Symposium (Palo Alto, California, September 2016)

Managing Through Adversity – Interview of Paul Buckman (CEO, Conventus Orthopaedics, Inc.) - Dorsey 4D Symposium (Palo Alto, California, October 2014)

International Intellectual Property Strategy, Panel Moderator, International Bar Association Seminar (Menlo Park, California, November 2012)

Strategy for Dealing with the America Invents Act, Panel Moderator, IP Impact Silicon Valley Seminar (Palo Alto, California, October 2012)

Launch to Exit: Maximizing IP Value, Panel Speaker, Connect Frameworks Seminar (San Diego, California, April 2011)

Due Diligence: A Thorough Examination of an Integral Piece of M&A, Panel Speaker, Q1 Second Annual Medical Device Mergers & Acquisitions Conference (San Mateo, California, April 2011)

Publications

How To Avoid The Top 5 IP Mistakes Startups Make, IP360, March 13, 2014

When and How To Consider Hiring In-House IP Counsel, IP360, May 16, 2013

Top 5 Reasons To Audit Your Patent Portfolio In 2013, IP360, March 8, 2013

Quoted

Valley Speak: Deciphering the Jargon of Silicon Valley, by Rochelle Kopp and Steven Ganz, Genetius Publishing, 2017. Scott Smith is quoted in the IP chapter, p. 39:

"Company founders should talk about IP early and often. They should teach company employees about the importance of IP and how it works, or better yet, they should ask their IP attorney to teach them." - Scott Smith, Partner, Merchant & Gould

MEDIA CENTER

All Media

Press Releases

11/10/16

Merchant & Gould Welcomes Scott M. Smith, M.D., to Medical Devices Group

Merchant & Gould is pleased to welcome new partner Scott M. Smith, M.D., to the Minneapolis and Silicon Valley offices. Scott is an M.D. and registered patent attorney who has spent nearly two decades advising medical device companies and the investors ...