David Schumann Email & Phone Number

San Francisco

Marton Ribera Schumann & Chang LLP is a Northern California-based litigation and counseling practice representing businesses and entrepreneurs in commercial and intellectual property matters in federal and state courts throughout the country, and before the United States Patent and Trademark Office. • Patent and other intellectual property litigation and counseling principally relating to wireless including UMTS and LTE, semiconductors, networking, telecommunications, software, cryptography, payment systems, Internet technologies and related computer science subjects. • Significant experience with post-grant review proceedings such as Covered Business Method and Inter Partes Reviews.• Intellectual Property portfolio analysis, contract analysis, due diligence and strategic patent prosecution. This included providing recommendations and proactive legal advice concerning clients’ product roadmap versus intellectual property protection to achieve desired business strategy and inform strategic direction. • Provided analysis and advice to investing partners regarding target company IP. • Negotiated contract terms to secure key IP rights.• Responsible for developing various pricing and fee models, and reporting on resulting performance of those models.

I have broad pre-trial and trial experience as well as significant pre-litigation counseling experience. I represented Asyst Technologies in trial in the patent lawsuit Asyst Technologies v. Empak, et al. The jury found Asyst’s patent valid and infringed, and awarded Asyst $74.7 million in lost profits damages for lost sales and price erosion. I also represented Informatica Corporation in a patent lawsuit against Business Objects where the jury awarded Informatica $25.2 million in damages. • Experienced in all aspects of the day-to-day case management and operations of high-stakes intellectual property litigation and licensing disputes including patent, software copyright/open source, and trade secret matters. Results include jury verdicts in excess of one hundred million dollars in a single year for plaintiff clients, as well as numerous walk-away and summary judgment wins for defendants.• Participated in multiple patent infringement trials. This included frequent public speaking via in-court arguments and witness examinations.• Managed teams of attorneys, paralegals and outside consultants such as experts, jury consultants, graphics and discovery vendors dealing with all aspects of trial preparation and legal advice. • Member of Associate Performance Review, Associate Bonus, and Innovation Committees.• Responsible for budget development, tracking, and reporting for most clients.• Handled over two-dozen post-grant review proceedings.• Case subject matter included: cryptography, virus and intrusion detection, compression, payment systems, wireless including UMTS and LTE, networking, video streaming, speech recognition, inertial navigation, semiconductor, big data, database and data warehouse software, cloud computing and storage.I have also represented Amazon.com, Cryptography Research, Hewlett-Packard, Intuit, Nuance Communications, Savi Technology (Lockheed), Silver Spring Networks, VIA Technologies, and other technology companies.

Experienced in all aspects of the day-to-day operations of high-stakes intellectual property litigation including patent, copyright, and trade secret matters.Participated in two patent infringement trials both resulting in favorable verdicts.At trial conducted direct examination of fact witness; argued evidentiary motions; argued JMOL; assisted with all aspects of pre-trial, trial and post-trial proceedings, documentation and hearings; managed all aspects of trial preparation including preparation of trial briefs, motions in limine, jury instructions, verdict forms, and outlines for direct examination, cross examination, opening statements and closing arguments; assisted with focus group presentations to test case themes; worked with witnesses, experts, graphics vendors, and jury consultants; drafting settlement and mediation statements.Developed case strategy and schedules including developing infringement, noninfringement and invalidity positions; managed junior associates and paralegals, experts, vendors; drafted, or directly managed drafting, pleadings and briefs, including expert reports, summary judgment motions, and claim construction briefs; trained junior associates;; Took and defended depositions, including expert and fact witness depositions; argued two dispositive motions and numerous discovery matters; counseled clients regarding case strategy and options, including serving as primary client contact.Case subject matter includes cryptography, speech recognition, inertial navigation, semiconductor, database software and optical drive technologies.Drafted patent applications and office action responses related to Internet, computer, ERP, compiler, and wireless technologies.

Drafted patent applications dealing with Internet search, network and GPS technologies.

P-Q Controls, Inc. designs and manufactures smart sensors and input device, and electronic modules for use on industrial equipment. These products generally involve real-time embedded controllers and bus interfaces. • Responsible for all design and development activities as well as compliance with various regulations. Performed activities ranging from developing product architecture and managing electrical and mechanical engineering personnel, to frequent customer contact and relationship building, including extensive travel to customer sites. Negotiated development agreements with major customers including intellectual property and quality system issues. • Demonstrated leadership abilities through managing engineering, manufacturing and sales teams, managed all electrical engineering projects, and performed hardware/software design.

Developed testing software, performed yield enhancement and failure analysis, and had overall cost responsibility for the CS3310 stereo volume control and CS4332 stereo codec integrated circuits.

Performed hardware design and development of a fiber optic gyroscope and related inertial navigation system hardware and production tools. These products are certified to fly on all commercial aircraft made in the United States and currently flies on the Boeing 777, among others.

J.D.

Activities and Societies: Magna Cum Laude, University of Miami Law Review Articles and Comments Editor, Order of the Coif

Bs, Electrical Engineering

Activities and Societies: IEEE

Education record