Christopher S. Schultz

Experience

• OrthoAccel Technologies, Inc. v. Propel Orthodontics LLC (N.D. of California) (Federal Circuit 2019)
  
  • Lead counsel for Propel in a bet-the-company case. A competitor sued Propel to prevent Propel from selling its industry-leading orthodontic device. Schultz defeated a motion for preliminary injunction at the district court and at the subsequent appeal to The United States Court of Appeals for the Federal Circuit. Case reported here.
• OrthoAccel Technologies, Inc. v. Propel Orthodontics LLC (Patent Trial and Appeal Board)  
  • Lead Counsel for Propel in inter partes review filed to invalidate patent asserted against Propel. The PTAB found all claims invalid, and noted that the oral argument was “one of the best argued hearings in the last five or six years.” OrthoAccel has appealed. Case reported here.
• Impact Selector International,LLC v.Petromac IP Ltd. (Patent Trial and Appeal Board)
  • Lead Counsel for client Petromac. Obtained a denial of institution of an IPR petition filed against a patent covering Petromac’s industry leading product, a device that carries sensor equipment through a wellbore.
• Roland Corp. v. inMusic Brands (Patent Trial and Appeal Board) 
  • Serving as lead counsel for inMusic Brands, secured three non-institution decisions on three inter partes review (IPR) petitions seeking to invalidate inMusic’s patents related to electronic drum kit technology.
• UTStarcom, Inc. v. Starent Networks Corp. (N.D. Illinois) 
  • Lead Counsel for Starent Networks in a complex patent, trade secret, and copyright case involving wireless telecommunications infrastructure technology in which the plaintiff alleged 20 counts against Starent and eighteen of its current or former employees. Prior to settlement, all but four claims and four defendants were dismissed through motion practice, and the court granted Starent's motion for summary judgment of noninfringement on one of the patents-in-suit. Case reported here.
• Flashmark LLC v. Gtech (E.D. Texas)
  • Lead counsel for client Gtech defending a major Gtech product line accused of infringement. Schultz briefed and argued the Markman hearing and obtained a stipulation of non-infringement after the Court’s Markman ruling precluded the possibility of infringement.
• UTStarcom, Inc. v. Starent Networks Corp. (N.D. California) 
  • Represented Starent Networks in a case involving a patent that described a way for mobile devices to connect to the Internet. Played a lead role in successfully opposing the plaintiff's motion for preliminary injunction, and in Starent's claim construction and motion for summary judgment of noninfringement, which was affirmed by the Federal Circuit.
• Commonwealth of Massachusetts v. Davis (Superior Ct.) (Supreme Judicial Court)
  • Served as lead counsel with the New England Innocence Project in a landmark pro bono case in which client Arthur Davis was granted a new trial after 33 years of incarceration. Mr. Davis was convicted of first degree murder and sentenced to life without the possibility of parole in 1986. Eight years of investigation, motion practice, and DNA testing culminated in a motion for new trial filed in 2017, which was granted in November 2018 . The Commonwealth has sought review by the Supreme Judicial Court of Massachusetts. Case reported here.

Memberships

American Bar Association

Boston Patent Law Association

PTAB Bar Association

Speaking Engagements

"Halo and Opinions," SAS Forum on Non-Practicing Entities (NPE) Litigation, September 2019

Articles & Publications

quotes

"Eligibility Ruling Provides ‘Fertile Ground’ for Patent Lawyers," Bloomberg Law, March 2020

Resources