SELECTED TRIAL RESULTS

Trial counsel in Blue Cross and Blue Shield of Florida, Inc. and Health Options, Inc. (“Florida Blue”) v. Davita, Inc. The firm represented Florida Blue in a health care fraud case against one of the largest dialysis providers in the United States. Florida Blue sought $95 million in compensatory damages as well as punitive damages. The case was set in the United States District Court for the Middle District of Florida. The case settled after the first day of trial.

Trial counsel in Chloe v. ESquared Hospitality, et al. Mr. Schutz secured a complete victory in an arbitration for celebrity chef, Chloe Coscarelli, and her business entity that restored her 50% ownership in the “by Chloe” restaurant company she founded and was previously valued in excess of $60 million; enjoined the company from selling retail products; and awarded Chloe a $2.2 million in attorneys’ fees and costs.

Trial Counsel in Fonar Corporation v. General Electric, a patent infringement case in which a federal jury in New York awarded Fonar Corporation $110.5 million. The National Law Journal listed this case as the seventh largest jury verdict of any type in the year in which the case was tried. The case was affirmed on appeal in the amount of $103 million and was cited by IP Worldwide as the largest patent jury verdict ever upheld on appeal at the time.

Trial counsel in Grantley v. Clear Channel Communications, Inc., a patent infringement case in which a federal jury in the Eastern District of Texas awarded Grantley Corporation $66 million. The jury found that Clear Channel Communications, Inc. infringed on four of Grantley Corporation's patents related to an integrated inventory management system for radio advertising time. The jury also found that the infringement was willful and as a result, the court enhanced the damages by more than $16.5 million, awarded prejudgment interest and entered judgment totaling more than $89 million. The case settled while on appeal under confidential terms.

Trial Counsel in St. Clair Intellectual Property Consultants, Inc. v. Canon, Inc., a case in which a federal jury in Wilmington, Delaware awarded Mr. Schutz's client, St. Clair, $34.7 million after a finding that Canon infringed four patents relating to digital camera technology.  The case settled several months after verdict while a special master was investigating misconduct by Canon and its counsel that occurred during discovery and the trial.

Trial Counsel in St. Clair Intellectual Property Consultants, Inc. v. Sony Corp., a case in which a federal jury in Wilmington, Delaware awarded Mr. Schutz’s client, St. Clair, $25 million after a finding that Sony infringed four patents relating to digital camera technology.  The parties entered into a license agreement two days later, the terms of which are confidential.

Trial Counsel in St. Clair Intellectual Property Consultants, Inc. v. Fuji, Ltd. a case in which a federal jury in Wilmington, Delaware awarded Mr. Schutz's client, St. Clair, $3 million after a finding that Fuji infringed four patents relating to digital camera technology. After a long and tortured post-trial history the verdict was reversed by the Federal Circuit on a claim construction issue.

Trial counsel in Megdal Associates LLC v. La-Z-Boy, Inc., a case in which a federal jury in Fort Lauderdale awarded our client, Megdal Associates, $5.7 million for breach of a technology license agreement. The award was increased to $6 million with the award of prejudgment interest. While the case was pending on appeal, it settled with La-Z-Boy, paying Megdal Associates $13.5 million.

Trial Counsel in Personal Audio LLC v. Apple Inc., a patent infringement case in which a Texas federal jury awarded our client, Personal Audio LLC, $8 million in damages after finding that Apple's iPods infringed our client's patent for an audio player that can download or receive navigable playlists. The court also awarded prejudgment interest in the amount of $4,182,331 for a total judgment of $12,182,331. 

Trial Counsel in LaserMaster Corporation v. Sentinel Imaging resulted in jury verdict of $2.2 million in a trade secret misappropriation case.  Retained as trial counsel only five weeks before trial.  

Trial Counsel in Carlson Marketing Group, Inc. et al. v. SME Associates a case in which Mr. Schutz represented Carlson in an action against SME and its principals for theft of trade secrets relating to Carlson's Olympic hospitality business for the 2004 Summer Games in Athens. He obtained a temporary injunction and later a settlement including a permanent injunction.

SELECTED APPELLATE RESULTS

Lead Trial and Appellate Counsel in Imation Corp. v. Koninklijke Philips Elec. N.V., et al.  Convinced the Federal Circuit to reverse the entry of judgment on the pleadings dismissing two of Imation's key counts, and instead to order judgment for Imation on the question of whether certain entities formed or acquired later qualify as "subsidiaries" that could benefit from Imation's patent license with Philips.

Lead Trial and Appellate Counsel in Luigino's, Inc. v. Robert Peterson and IBP, a case in which Mr. Schutz represented Robert Peterson, the CEO of IBP, and the company, in the defense of a $500 million theft of trade secret, breach of fiduciary duty and breach of contract case.  The District Court dismissed the case on a motion for summary judgment shortly before trial, a decision that was affirmed on appeal by  the 8th Circuit.

Represented plaintiff Andersen Corporation in overturning a District Court decision granting the defendants' summary judgment and finding that claims of the asserted patent were invalid as obvious. The Federal Circuit's decision was one of the first post-KSR District Court findings of obviousness to be reversed by the Federal Circuit. The Supreme Court denied the defendants' petition for certioriari.

Trial and Appellate Counsel in Fonar Corporation v. General Electric, a patent infringement case in which a federal jury in New York awarded Fonar Corporation $110.5 million. The case was affirmed on appeal by the Federal Circuit in the amount of $103 million and was cited by IP Worldwide as the largest patent jury verdict ever upheld on appeal at the time. 

SELECTED CASES THAT SETTLED OR RESOLVED PRIOR TO TRIAL

St. Clair Intellectual Property Consultants, Inc. Digital Camera Patent Litigation (D. Del.).  Represented St. Clair in a series of patent infringement suits involving digital camera technology.  Three of those cases proceeded to trial and resulted in verdicts of $34.7 million, $25 million, and $3 million.  (Further details on these three verdicts above.)  Settlements were reached prior to trials with the following defendants:  Olympus, Nikon, Minolta, Seiko-Epson, Kodak, JVC, Panasonic, Kyocera, Samsung, Sanyo, Casio, Pentax, LG, BenQ, Concord, General Imaging Co., and Pantech.  Settlements were reached after trials with Sony and Canon.  Total settlements in this litigation exceeded $240 million.

Fonar Corporation MRI litigation. Represented Fonar Corporation in a series of patent infringement suits involving Magnetic Resonance Imaging Technology.  In addition to the Fonar v. General Electric case described above, Fonar also sued Siemens, Philips, Hitachi, Toshiba, Elscint, HealthSouth, Shimadzu, and Picker, among others.  The total revenue generated during this litigation campaign exceeded $200 million.

John F. Kennedy as Receiver for the Receivership Estate of Education Corporation of America et al. v. Avy Stein et. al. Represented the Receiver in an action against certain former officers and directors of the Education Corporation of America alleging breach of fiduciary duty and other causes of action. The case settled for $28 million.

ACQIS Technology v. Samsung.  Represented ACQIS in a patent infringement case venued in the Eastern District of Texas.  In the course of the litigation, Samsung filed ten IPR petitions and all were denied.  The case settled shortly before trial under confidential terms.

ACQIS Technology v. Acer. Represented ACQIS in a patent infringement case venued in the Eastern District of Texas. The case settled under confidential terms.

TVI v. Microsoft, (N.D. Calif.).   Represented TVI in a patent infringement case involving technology related to the auto play function of Windows.  Case settled prior to trial for a confidential amount.

General Mills, Inc. v. Conagra, Inc. (D. Minn.).  Represented General Mills in a patent infringement case involving microwave popcorn technology.  Case settled prior to trial for a confidential amount.

General Mills, Inc. v. Rhodes Bake-N-Serv; Rhodes International (D. Minn.).  Represented General Mills in a patent infringement case involving food products.  Case settled prior to trial a confidential amount.

General Mills, Inc. v. Kraft Foods Global, Inc. (D. Minn.).  Represented General Mills in a patent infringement and breach of contract case involving rolled fruit products.  Case settled prior to trial for a confidential amount.  

General Mills, Inc. v. Hom/Ade Foods (E.D. Texas).  Represented General Mills in a patent infringement case involving food products.  Case settled prior to trial for a confidential amount.

General Mills v. Farley (D. Minn.).  Represented General Mills in a patent infringement action involving rolled fruit products.  Case settled prior to trial for a confidential amount.

Fargo Electronics, Inc. v. Magnacolor, et al.  (D. Minn.).  Represented Fargo in a patent case involving printer technology. Case settled prior to trial for a confidential amount.

Fargo Electronics, Inc. v. Sony Chemicals (D. Minn.).  Represented Fargo in a patent infringement case involving printer technology.  Case settled prior to trial for a confidential amount.

Fargo Electronics v. Iris Ltd., Inc. (D. Minn.).  Represented Fargo in a patent infringement case involving printer technology.  Case settled prior to trial.

Edge Specialists v. Citadel (N.D. Ill.).  Represented Edge in a patent infringement case related to automated derivative trading.  Case settled prior to trial for a confidential amount.

Manufacturing Administration & Management (MAMS) v. ICT Group. (E.D.N.Y.).   Represented MAMS in a patent infringement case related to call center technology that settled prior to trial for a confidential amount.

Drexler Technology Corporation v. Sony Corporation and Dolby Laboratories, (N.D. Calif.).  Represented Drexler in a patent infringement case involving audio on film technology.  Case settled prior to trial for a confidential amount.

Collins Associates v. Object Design, Inc. (D. Mass.)  Represented Collins Associates in a breach of contract action involving an enterprise level software installation.  Case settled prior to trial for a confidential amount.

Netcentives v. Carlson Companies, Inc. (N.D. Calif.).  Represented Carlson in the defense of a patent infringement case.  Case settled prior to trial.

Schwan's Shared Services, LLC v. McGill Technology Limited  (D. Mich.).  Represented Schwan's in a patent infringement case involving food processing equipment.  Case settled prior to trial.

PointDX Inc. v. Voxar, Inc. (M.D. N.C.).  Represented PointDX in a patent infringement case involving virtual colonoscopy technology.  Case settled prior to trial for a confidential amount.

Hark Chan (Techsearch LLC) v. Intuit, Symantec, Electronic Arts (N.D. Calif.).  Represented Mr. Chan in a patent infringement case involving hyperlink technology.  Case settled prior to trial.

BTG International, Inc. v. Amazon.com, et al. (D. Del.).  Represented BTG in a patent infringement case involving e-commerce technology.  Case settled prior to trial for a confidential amount.

LP Matthews LLC v. Bath & Body Works, et al. (D. Del.).   Represented LP Matthews in a patent infringement case related to cosmetics.  Case settled prior to trial for a confidential amount.

Internet Media Corporation v. Dell, et al. (D. Del.).  Represented Internet Media in a patent infringement case involving e-commerce technology against several defendants.  Case settled prior to trial for a confidential amount.

Ag-Chem Equipment Co. v. Tyler Industries (D.Minn.).  Represented Tyler in the defense of a patent infringement case involving GPS guided fertilizer spreaders.  Case settled prior to trial.

Storer v. Hayes.  Represented James Storer in a patent infringement case involving computer technology.  Case settled prior to trial for a confidential amount.

Display Solutions v. Daktronics.  Represented Daktronics in the defense of a patent infringement action.  Obtained summary judgment of non-infringement.  Case proceeded to trial on Daktronics' declaratory judgment claims resulting in a finding that the patent was invalid.

• Center of the American Experiment, Board of Directors, Former Chair of the Board
• Economic Club of Minnesota, Board of Directors
• Tee It Up for The Troops, Board of Directors
• St. Thomas Law School, Board of Advisors
• Minnesota State Judicial Selection Commission, Member (2002-2008), Chair (2008-2010)
• YMCA of the North, Board of Directors (2011-2021)
• Guthrie Theater, Board of Directors (2008-2020)
• Minnesota Law Review, Board of Advisors (2008-2014)
• University of Minnesota Law Alumni Association, President (2002-2003)
• Northwest Suburbs Cable Communication Commission (1987-1989)