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Ronald J. Schutz

Ronald J. Schutz
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Ronald J. Schutz

Partner
Chair, Intellectual Property Litigation and Licensing Group

rjschutz@rkmc.com


Robins, Kaplan, Miller & Ciresi L.L.P.
2800 LaSalle Plaza
800 LaSalle Avenue
Minneapolis, MN 55402

Phone: 612.349.8500
Toll Free: 1.800.553.9910
Fax: 612.339.4181

Practice Groups

Ronald J. Schutz is the Chair of the Intellectual Property Litigation Group and a member of the firm's Executive Board.  Mr. Schutz is a Fellow of the American College of Trial Lawyers and is listed in The Best Lawyers in America.  In 2008 the National Law Journal named  Mr. Schutz to its annual list of the "Top 10 Winning Litigators in the United States."  Mr. Schutz is a frequent lecturer and author on topics related to litigation and trials and he is often quoted in the business and legal press.  He has also appeared on the NBC Nightly News and the CBS Morning News.

Mr. Schutz is extensively involved in community affairs.  He is Chair of the Minnesota Commission on Judicial Selection (appointed by Governor Pawlenty), Chair of the Center of the American Experiment, a member of the Board of Directors of the Guthrie Theater and the YMCA of Metropolitan Minneapolis.  He is also a member of the Alumni Advisory Board of the Minnesota Law Review.  Mr. Schutz is also a past president of the University of Minnesota Law School Alumni Association.

Mr. Schutz attended Marquette University on an ROTC Scholarship where he graduated magna cum laude with a degree in Mechanical Engineering.  Mr. Schutz graduated with honors from the University of Minnesota Law School where he was a member of the Law Review.  After law school he fulfilled his military obligation by serving four years in the United States Army JAG Corps stationed with the 7th Infantry Division where he tried twenty felony jury trials.

Selected Results*

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 1995. 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. Fonar Corporation v. General Electric Co., 107 F.3d 1543 (Fed. Cir.), cert. denied, 118 S.Ct. 266 (1997).

Trial Counsel in Grantley Patent Holdings, Inc. v. Clear Channel Communications, Inc., a patent infringement case in which a federal jury in the Eastern District of Texas awarded Grantley Corporation, Mr. Schutz's client, $66 million for infringing four patents related to an integrated inventory management system for radio advertising time.  The jury also found that the infringement was willful.  The verdict was announced on April 22, 2008.  On June 11, 2008, the court enhanced the damages by more than $16.5 million, awarded prejudgment interest, and entered judgment totaling more than $89,000,000.

Trial Counsel in St. Clair Intellectual Property Consultants, Inc. v. Canon, Inc. et al., No. 03-241 (D. Del., filed February 28, 2003) 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 verdict was announced on October 8, 2004.

Trial Counsel in St. Clair Intellectual Property Consultants, Inc. v. Sony Corp. et al., No. 01-557 (D. Del., filed Aug. 14, 2001) a case in which a federal jury in Wilmington, Delaware awarded the client, St. Clair, $25 million after a finding that Sony infringed four patents relating to digital camera technology. The verdict was announced on February 25, 2003. 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. et al., No. 03-241 (D. Del., filed February 28, 2003) 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. The verdict was announced on October 25, 2004.

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. LaserMaster Corporation v. Sentinel Imaging, Civ. No. 4-96-746 (D. Minn. 1997).

Trial Counsel in TVI v. Microsoft (N.D. Calif).  TVI is the owner of several patents covering the autoplay feature of Windows. TVI sued Microsoft in the Northern District of California alleging that all versions of Microsoft Windows since Windows 95 infringed these patents. The case settled in October 2005 a little more than one week before trial. Microsoft took a license under the patents. All other terms of the settlement are confidential.

Trial Counsel in Luigino's, Inc. v. Robert Peterson and IBP; 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. Luigino's, Inc. v. Peterson et al., 317 F.3d 909 (8th Cir. 2003).

Trial Counsel in Carlson Marketing Group, Inc. et al. v. SME Associates, et al., Case No. CT 02-012914 (D.Ct. Minn. 2002); 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. Obtained a temporary injunction and later a settlement including a permanent injunction.

Other published opinions:

Display Solutions, Inc. v. Daktronics, Inc. et al., 983 F.Supp. 1476, 45 USPQ2d 1142 (N.D. Ga. 1977). (Obtained summary judgment of noninfringement in a patent case on behalf of the defendant.)

Minnesota Mining and Manufacturing Company v. Rauh Rubber, Inc. et al., 943 F.Supp. 117 (D. Minn. 1996) (Preliminary injunction entered in a trademark, deceptive trade practices case.)

Media

  • NBC Nightly News
  • CBS Morning News
  • The Detroit Free Press

Quoted in:
  • The New York Times
  • The National Law Journal
  • Newsday
  • The American Lawyer
  • Chief Financial Officer
  • The Minneapolis Star Tribune
  • The St. Paul Pioneer Press
  • City Business
  • Twin Cities Business Monthly
  • The Fairfield County Business Journal

Recognition

  • Named a "Top 10 Winning Attorney," by The National Law Journal (2008)** 
  • Ranked #1 in Minnesota for Litigation: Intellectual Property in Chambers USA (2008)**
  • Fellow, American College of Trial Lawyers 
  • Named to “3000 Leading Plaintiffs’ Lawyers in America,” Lawdragon (2007)**
  • Named by Minnesota Law & Politics as one of the "Top 100 Super Lawyers"**
  • According to Chambers USA’s profile "Ron Schutz's trial experience has earned him a reputation as 'one of the most successful IP lawyers in the country.' Schutz, chair of the firm's IP litigation department, has won a series of huge victories running to hundreds of millions of dollars."
  • Included in The Best Lawyers in America Eleventh Edition to the present **
  • Named by Minnesota Law & Politics as a Super Lawyer in Intellectual Property Litigation (2003, 2004, 2005, 2006, 2007, 2008) **
**Being named to the list or receiving the award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.

Memberships

  • Minnesota Commission on Judicial Selection, Chairman
  • American College of Trial Lawyers, Fellow
  • University of Minnesota Law Review, Alumni Advisory Board
  • Center of the American Experiment, Chairman
  • YMCA of Metropolitan Minneapolis, Board of Directors
  • Guthrie Theater, Board of Directors
  • Minnesota Academy for Conservative Leadership, Board of Advisors
  • Republican National Lawyers Association (Life Member)
  • University of Minnesota Law Alumni Association, President (2002-03)
  • Northwest Suburbs Cable Communication Commission (1987-1989)

Bar Admissions

  • Minnesota
  • Minnesota Supreme Court
  • U. S. Army Court of Military Review
  • U. S. Court of Appeals, Eighth Circuit
  • U. S. Court of Appeals, Federal Circuit
  • U. S. Court of Military Appeals
  • U. S. District Court, Eastern District of Wisconsin
  • U. S. District Court, Minnesota
  • U. S. Patent and Trademark Office
  • U. S. Supreme Court

Education

  • University of Minnesota Law School, J.D., with honors (1981), Member of the Minnesota Law Review
  • Marquette University, magna cum laude, Mechanical Engineering

Book Chapters

  • Patent Enforcement Best Practices, Chapter 6: Making the Client Aware of All the Angles (Aspatore Books 2007)

  • Making Innovation Pay, Chapter 9: It Takes More Than Being Right to Win a Patent Dispute, Edited by Bruce Berman (Wiley 2006)

  • Patent Litigation Strategies Handbook, 2d Ed., Chapter 10: Interrogatories and Requests for Admissions, Edited by Berry L. Grossman and Gary M. Hoffman (BNA Books)

Books and Articles

  • You Can Run But You Can't Hide - 271(a) Goes Wireless
    Intellectual Property Today (June 2005) (co authored)
  • Interrogatories and Requests for Admission
    Patent Litigation Strategies Handbook, Second Edition, Chapter 10, (2005) (co-authored)
  • Case Management Issues in Patent Litigation
    The Sedona Conference Journal (Fall 2004) (with Jonathan Goins)
  • Graphics Shed Light on Complex IP Cases
    The National Law Journal, (July 16, 2001) (with Nicholas Boebel and Alex Treibitz, CEO of Z-Axis Corp.)
  • Strategies for Patent Holders Contemplating Litigation
    Managing Intellectual Property: Patent Yearbook (1999)
  • 'Step-Plus-Function' At Last Revisited
    The National Law Journal (May 24, 1999) (co-authored)
  • Are You "Ready for Patenting?"  Pfaff And The New On-Sale Bar Test
    (April 26, 1999)
  • If You Snooze, Do You Lose Your Right to Sue?
    The National Law Journal (October, 19, 1998) (co-authored)
  • The Patent Files
    Chief Executive (June 1998) (with Jan Conlin)
  • On Sale Bar Requires a More Complete Invention
    The National Law Journal (June 16, 1997) (with Darren Schwiebert)
  • Vitronics Sets Road Map for Patent Construction
    The National Law Journal (October 28, 1996) (with Darren Schwiebert)
  • Educating the Jury: The Multimedia Way
    New York Law Journal, p. S4 (October 23, 1995)
  • Computer Animation Tutors Jury
    The National Law Journal, p. C1 (September 11, 1995)
  • Trade Dress Protection Expanded
    Outside Counsel (Winter 1994)

Selected Speeches

  • First Chair Forum for Private Practitioners and First Chair Forum for In-House Counsel
    2008 Midwest Intellectual Property Institute, Minnesota CLE Conference Center, Minneapolis, Minnesota (September 25-26, 2008)
  • Avoiding the Potential Pitfalls in Litigation Where Work has Been Outsourced
    American Conference Institute, LPO Summit, New York, New York (September 15-16, 2008)
  • The Role of IP Litigation
    Incremental Advantage, Managing Intellectual Property for Maximum Returns Conference, San Francisco, California (July 16, 2008)
  • Demystifying Judicial Appointments
    Minnesota State Bar Association, Duluth, Minnesota (June 16, 2008)
  • The 20th Annual General Counsel Conference (Panelist)
    Corporate Counsel, New York, New York (June 9-10, 2008)
  • Licensing, Portfolio Monetization, and the Future of Contingency Fee Patent Litigation
    8th Annual Advanced Patent Law Institute, San Jose, California (November 28, 2007)
  • Gunfight at the IP Coral - World Class Trial Lawyers Demonstrate How to Win a Bet the Company Case
    AIPLA, Boston, Massachusetts (May 9, 2007)
  • Strategies for Managing Intellectual Property Litigation
    IncreMental Advantage, The Harvard Club, New York City, New York (February 28, 2007)
  • Patent Infringement Litigation
    Patent Resources Group, Caesar's Palace, Las Vegas, NV (October 16-18, 2006)
  • Adopting a Theme for Your Case
    The ABA Section of Intellectual Property Law, Redwood City (San Francisco), California (September 28, 2006)
  • Seventh Annual Sedona Conference on Patent Litigation
    The Sedona Conference Institute, Hilton Sedona Resort & Spa, Sedona, California (October 12-13, 2006)
  • Financing IP Litigation
    The Wall Street Transcript, San Francisco, CA (July 20-21, 2006)
  • Patent Infringement Litigation
    Patent Resources Group, Hyatt Regency Coconut Point, Bonita Springs, FL (April 6-8, 2006)
  • Patent Litigation: Big Changes on the Horizon
    Inventors Network, Minneapolis, MN (February 21, 2006)
  • Sixth Annual Sedona Conference on Patent Litigation
    Sedona, Arizona (October 27-28, 2005)
  • Patent Litigation: Big Changes on the Horizon
    Association for Corporate Growth-Silicon Valley Chapter, Los Altos Hills, California (October 13, 2005)
  • What Should IP Laws Protect Going Forward?
    ABA Section of Intellectual Property Law, ABA Annual Meeting, Chicago, Illinois (August 6, 2005)
  • Patent Infringement Litigation
    Patent Resources Group, Hyatt Regency Coconut Point Resort & Spa, Bonita Springs, Florida (April 17-19, 2005)
  • Licensing and Negotiation Strategies: The Litigator's Perspective
    AIPLA 28th Mid-Winter Institute, Orlando, Florida (January 26, 2005)
  • Patent Infringement Litigation
    Patent Resources Group, The Registry Resort, Naples, Florida (April 22-24, 2004)
  • Managing the Gladiators-Surviving Patent Litigation
    AUTM 2004 Annual Meeting, San Antonio, Texas (March 6, 2004)
  • Patent Litigation: Taking on the Corporate Infringer
    William Mitchell Chapter of the Federalist Society for Law and Public Policy, St. Paul, Minnesota (February 23, 2004)
  • Patent Litigation IV
    The Sedona Conference, Radisson Poco Diablo, Sedona, Arizona (November 20-21, 2003)
  • Contingent Fee IP Litigation: Are Potential Rewards Worth the Risks?
    2003 Midwest Intellectual Property Institute, Hyatt Regency Hotel, Minneapolis Minnesota (September 18-19, 2003)
  • Patent Strategies 2003
    FindLaw Corporate Counsel Center, Glasser Legal Works, Stanford University, Stanford, California (June 9, 2003)
  • Patent Strategies 2003
    Glasser Legal Works, Boston Harbor Hotel, Boston, Massachusetts (April 29, 2003)
  • Basic Patent Infringement Litigation
    Patent Resources Group, The Registry Resort, Naples, Florida (May 2-3, 2002)
  • Patent Infringement Litigation
    Patent Resources Group, Hyatt Regency Coconut Point Resort & Spa, Bonita Springs, Florida (April 17-19, 2005)
  • Managing the Gladiators-Surviving Patent Litigation
    AUTM 2002 Annual Meeting, San Diego, California (February 28-March 2, 2002)
  • Patent Litigation: Taking on the Corporate Infringer
    William Mitchell Chapter of the Federalist Society for Law and Public Policy, St. Paul, Minnesota (February 23, 2004)
  • Handling Intellectual Property Issues in Business Transactions-Due Diligence in Intellectual Property Transactions
    Practicing Law Institute, Pentagon City, Virginia (February 11-12, 2002)
  • Corporate Counsel-Keeping Ahead of the Game in 2002
    Minnesota Institute of Legal Education, Calhoun Beach Club, Minneapolis, Minnesota (January 30, 2002)
  • Demonstrative Evidence-Using Evidence Throughout a Trial
    Minnesota Institute of Legal Education, Brooklyn Center, Minnesota (January 15, 2002)
  • Patent Litigation
    The Sedona Conference, Sedona, Arizona (November 15-16, 2001)
  • Basic Patent Infringement Litigation
    Patent Resources Group, Westin Innisbrook Resort, Tampa Bay, Florida (April 22-24, 2001)
  • Handling Intellectual Property in Business Transactions
    Practicing Law Institute, Tyson's Corner, Virginia (February 12-13, 2001)
  • Patent Litigation
    The Sedona Conference, Sedona Arizona (November 9-20, 2000)
  • Key Issues Facing Boards of Directors: Strategic Intellectual Property Portfolio Management
    The Directors Roundtable, Hotel Intercontinental, Los Angeles, California (October 4, 2000)
  • Key Issues Facing Boards of Directors: Strategic Intellectual Property Portfolio Management
    The Directors Roundtable, Radisson Plaza Hotel, Minneapolis, Minnesota (September 22, 2000)
  • The Trial Lawyer's Approach to Winning Patent Cases
    The Palmer House Hilton, Chicago, Illinois (September 7, 2000)
  • Basic Patent Infringement Litigation
    Patent Resources Group, The Registry Resort, Naples, Florida (April 13-15, 2000)
  • Basic Patent Infringement Litigation
    Patent Resources Group, Ritz Carlton, Rancho Mirage, California (October 13-15, 1999)
  • Trade Secrets
    Minnesota Institute of Legal Education, Marriott City Center, Minneapolis, Minnesota (January 12, 1999)
  • Preparing the Trial Theme From Day One
    1999 National CLE Conference-Intellectual Property Law, Vail, Colorado (January 12, 1999)
  • Business Implications of Recent Patent Infringement Cases
    Annual Meeting of the Licensing Executives Society, The Fountainebleau Hilton, Miami Beach, Florida (October 26, 1998)
  • Courtroom Technology Trying Civil and Criminal Cases in New Ways
    Suffolk Academy of Law, Hauppauge, New York (October 19, 1998)
  • Valuation of Intellectual Capital
    ICM Conferences, Marriott Marquis Hotel, New York, New York (September 17, 1998)
  • Valuation of Intellectual Capital
    ICM Conferences, Park Hyatt Hotel, Los Angeles, California (August 26, 1998)
  • Using Technology in Litigation
    Minnesota State Bar Association CLE, Minneapolis, Minnesota (February 20, 1998)
  • Preparing for and Winning the $100 Million Patent Case
    1998 National CLE Conference-Intellectual Property Law, Vail, Colorado (January 6-10, 1998)
  • Enforcing Intellectual Property Rights
    Directors Roundtable Conference for Corporate Counsel, Harvard Club, New York, New York (October 30, 1997)
  • Enforcing Intellectual Property Rights
    Directors Roundtable National Conference for Corporate Counsel, Stamford, Connecticut (October 30, 1997)
  • Case Study of Patent Infringement Damages From Beginning to End
    Law & Politics Intellectual Property Damages Seminar, Minneapolis Athletic Club, Minneapolis, Minnesota (May 5, 1997)
  • Organizing the Trial for Success Jury Trials in Patent and High Tech Litigation
    American Conference Institute, Park Lane Hotel, New York, New York (May 1-2, 1997)
  • Demonstrative Evidence
    Minnesota Institute of Legal Education, Bloomington Marriott Hotel, Bloomington, Minnesota (January 31, 1997)
  • Pretrial Planning and Strategy in the $100 Million Patent Case
    1997 National CLE Conference on Intellectual Property Law, Law Education Institute, Inc. and The Bureau of National Affairs, Inc., Vail, Colorado (January 13-19, 1997)
  • How to Introduce and Use Exhibits in the Courtroom
    Minnesota State Bar Association CLE, Minnesota Law Center, Minneapolis, Minnesota (October 29, 1996)
  • Trial Skills Seminar-Demonstrative and Computer Evidence
    Minnesota State Bar Association CLE, Minnesota Law Center, Minneapolis, Minnesota (June 13, 1996)
  • Analysis of Fonar v. General Electric, Including Litigation Trends and Tactics
    Law & Politics Intellectual Property Law CLE, Minneapolis Athletic Club, Minneapolis, Minnesota (May 20, 1996)
  • Patent Malpractice: Avoiding, Defending Against, and Asserting Patent Resources Group
    The Registry Resort, Naples, Florida (April 25-27, 1996)
  • Organizing the Conduct of the Trial for Success
    The American Conference Institute Seminar on Jury Trials in Patent and High Tech Litigation, Hotel Nikko, Chicago, Illinois (April 22-23, 1996)
  • High Stakes-High Tech Intellectual Property Trials Course Chair
    Minnesota Institute of Continuing Legal Education, Bloomington Marriott Hotel, Bloomington, Minnesota (April 12, 1996)
  • Pitfalls in IP Practice That Lead to Allegations of Malpractice
    ABA Section of Intellectual Property Law Eleventh Annual Spring Educational Programs, Washington National Airport Hilton, Arlington, Virginia (April 11, 1996)
  • Strategic Considerations and the Interplay Between Licensing and Litigation
    Licensing Executives Society Luncheon Meeting, Minneapolis Athletic Club, Minneapolis, Minnesota (November 2, 1995)
  • How to Work with and Prepare Expert Witnesses in Federal Court Commercial Litigation to Support a $110 Million Verdict
    Minnesota Chapter of the Federal Bar Association, Minneapolis Athletic Club, Minneapolis, Minnesota (October 18, 1995)
  • Patent Litigation
    Minnesota Intellectual Property Law Association CLE at the 1995 Minnesota State Bar Association Convention, Bloomington, Minnesota (June 22, 1995)
  • Pretrial Strategies
    Intellectual Property Litigation Seminar, Minnesota State Bar Association Continuing Legal Education, Minneapolis, Minnesota (February 10, 1995)

* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and do not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

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