Hon. John B. Scherling (Ret.) joins JAMS after 40 years of experience litigating and adjudicating cases in both the state and federal courts. His legal career began with a federal judicial clerkship and culminated in his service as a judge on the San Diego County Superior Court.

As a litigator, Judge Scherling handled a wide range of complex civil cases—including patent infringement, product liability, professional malpractice, government liability and personal injury—guiding matters from inception through discovery, motion practice, mediation, trial and appeal. He also provided clients with strategic counsel throughout every stage of the litigation process. The vast majority of these cases were resolved through negotiated settlements, whether between counsel, facilitated by judicial officers or with the support of private mediators.

Prior to his appointment to the bench, Judge Scherling completed mediation training through the Harvard Negotiation Institute and the World Intellectual Property Organization (WIPO), which selected him as a member of the WIPO Panel of Mediators shortly before his appointment to the court in 2015. His dedication to alternative dispute resolution has been a defining feature throughout his career.

While on the bench, Judge Scherling presided over probate and family law matters, developing a well-rounded approach to cases involving families, estates and emotionally charged disputes. As a settlement conference judge, he successfully facilitated resolution of cases involving intentional interference with expected inheritance, breach of fiduciary duty, financial elder abuse, emotional distress claims, child custody and visitation, spousal support, complex property division and legal malpractice.

Judge Scherling is known for bringing a calm, inquisitive and pragmatic approach to every dispute, coupled with creativity and assertiveness when guiding parties toward early and effective resolution. Whether mediating the full merits of the case or simply a discovery dispute, Judge Scherling places a high value on resolving legal conflicts as efficiently and amicably as possible.

Outside of his legal work, Judge Scherling enjoys swimming, surfing, biking, photography and spending quality time with his family and friends.

Current Memberships

• American Bar Association (ABA)
• American Intellectual Property Law Association (AIPLA)
• Probate Attorneys of San Diego (PASD)
• San Diego County Bar Association (SDCBA)
• San Diego Family Law Bar Association (SDFLBA)
• San Diego Intellectual Property Law Association (SDIPLA)

Professional Achievements and Awards

• “Best New Artist” Award, Probate Attorneys of San Diego, 2022
• San Diego and Southern California Super Lawyer, IP Litigation, 2012–2015
• Selected and served on Federal Bar Association of San Diego Advisory Board, 2015-2017
• Top Attorney, San Diego Daily Transcript, IP Litigation, 2011, 2014
• Selected and served on Lawyer Representative Coordinating Committee, Ninth Circuit Judicial Conference, 2008-2010
• Selected and served on Attorney Representative Committee, U.S. District Court, Southern District of California, 2007-2010 (selected and served as Co-Chair, 2008-2010)
• Outstanding Performance in Trial, United States Attorney’s Office, 2004
• General Counsel’s Citation, Social Security Administration, 2003
• John R. Neece Award for Diligence, Excellence and Integrity; Civil AUSA; 2001
• United States Department of Justice Special Achievement Award, 1998
• Award for Excellence, United States Attorney’s Office, 1995
• Outstanding Contributions to the Operations of the San Diego Resident Office, United States Department of State, Bureau of Diplomatic Security, 1994
• Outstanding Contributions in the Field of Drug Law Enforcement United States Department of Justice, Drug Enforcement Administration, 1993, 1994

Selected Publications

• “Reincarnation of Reasonable Royalty Damages,” Intellectual Property Magazine, May 2015, co-authored with economist Ryan M. Sullivan (examines case law with respect to technology agreements, relative contributions of technology and the entire market value rule in concluding that century-old precedent remains appropriate in addressing complex patent damages issues)
• “Rational Reasonable Royalty Damages,” American Bar Association, Section of Intellectual Property Law, Landslide Magazine, Volume 4, Number 2, November/December 2011, co-authored with economist Ryan M. Sullivan (addresses patent damages law, including comparable licenses, profit splitting and the entire market value rule)
• “Jane’s Last Cross,” Los Angeles Daily Journal, August 2010 (about a case tried for a deceased colleague)

Speaking Engagements

• Speaker, Probate Attorneys of San Diego Annual Judicial Officers Update, 2022–2025
• Panelist, Probate Attorneys of San Diego Annual Symposium, 2021–2024
• Co-Guest Speaker, University of San Diego Estate and Tax Planning Seminar, 2021–2024
• Presenter, San Diego Superior Court New Laws Education Program – Probate, 2023, 2024
• Speaker, “When a Family’s Legal Needs Cross-Court Divisions: Learning the Intersection of Law and Procedure In Family, Dependency, and Probate Courts,” San Diego Superior Court Education Program, 2022
• Panelist, North County Bar Association Family Law/Trusts & Estates Crossover Seminar, 2022
• Panelist, San Diego Family Law Bar Association Seminar, 2017–2020
• Panelist, National Business Institute, Family Judicial Forum, 2017, 2019
• Speaker, “Gaining Certainty in the Evolving Landscape of Contested Patent Proceedings in the U.S., Berlin, Germany,” Pan-European IP Summit, 2015
• Panelist, “Enforcing Your Patents in a Rapidly Changing Landscape,” Corporate Directors Forum Roundtable, San Diego, California, 2014
• Panelist, “Enforcing and Defending Your Company’s IP Assets,” San Diego Union-Tribune Editorial IP Roundtable, San Diego, California, 2014
• Panelist, CONNECT Patent Reform Roundtable Part 1: “Patent Troll Legislation: How This Could Affect the Value of Your IP Portfolio,” San Diego, California, 2014
• Speaker, PanEuropean IP Summit, “USPTO Patent Trials/Inter Partes Reviews,” Paris, France, 2013‎
• Presenter, “Managing Risk: Patent Litigation and Strategic Use of New USPTO Post-Grant Proceedings Under the AIA,” Association of Corporate Counsel Technology Roundtable, San Diego, California, 2013
• Speaker and Moderator, “How to Prove Reasonable Royalty in Patent Damages” (webinar), The Knowledge Congress, 2013
• Moderator, Federal Bar Association Annual Meeting: Patent Litigation Under the AIA: Strategic Use of New USPTO Post-Grant Proceedings, San Diego, California, 2012
• Panelist, “Rational Reasonable Royalty Damages: A Return to the Roots” (ABA webinar), 2012
• Panelist, IP Counsel Café, Palo Alto, California, 2010
• Panel Moderator, Southern District of California District Conference, Newport Beach, California, 2009
• Instructor, U.S. IP Litigation Seminar and Patent Trial Demonstration, Hainan, China, 2006
• Instructor, U.S. IP Litigation Seminar and Patent Trial Demonstration, Seoul, South Korea, 2006

Legal Experience

• Judge, San Diego Superior Court, San Diego, California
  • Probate Division, 2021–2025
    • Lead Probate Judge, 2023–2025
  • Family Division, 2017–2021
  • Criminal Division, 2016–2017
• Partner; Sughrue Mion, PLLC; Washington, D.C./San Diego, California; 2005–2015
• Of Counsel; Hahn & Adema; San Diego, California; 2005–2007
• Assistant United States Attorney; U.S. Attorney’s Office; San Diego, California; 1990–2005
• Litigation Associate; Gibson, Dunn & Crutcher; San Diego, California; 1986–1990
• Law Clerk; The Honorable Judith N. Keep; San Diego, California; 1985–1986

Education

• J.D.; Vanderbilt University School of Law; Nashville, Tennessee; 1985
  • Order of the Coif
  • Associate Articles Editor, Vanderbilt Law Review
  • American Jurisprudence Award, Torts
• B.S.; Iowa State University of Science and Technology; Ames, Iowa; 1982
  • Honors and Distinction in Chemistry, Psychology and Political Science
• Pomona College; Claremont, California; 1978–1980