Josef Schenker

Josef Schenker focuses his practice on patent litigation in the electronics, computer, and software industries.  He litigates in district courts (including the Eastern District of Texas, the Western District of Texas, the District of Delaware, and the Northern District of California), the U.S. Court of Appeals for the Federal Circuit, the U.S. International Trade Commission, and the Patent Trial and Appeal Board.

Josef has litigated patent infringement cases relating to electronics and consumer products, computers, telecommunications, semiconductor devices, LEDs, optics, image processing, medical devices, cable television systems, fintech, and other technologies.  He has extensive experience in all aspects of litigation for both defendants and plaintiffs, including pre-suit diligence, performing validity and infringement analyses, overseeing all aspects of claim construction, conducting discovery investigations, managing expert witnesses, taking and defending depositions, arguing motions, and examining witnesses at trial.  Josef also represents clients in patent licensing negotiations and patent portfolio counseling.

Josef previously practiced in the IP Litigation group at Ropes and Gray LLP for more than 13 years, where he led intellectual property litigation matters involving advanced technologies.  Prior to his legal career, Josef obtained a degree in electrical engineering from Columbia University School of Engineering and Applied Science.

Josef’s representative matters include:
 

• defending Morgan Stanley and E*Trade in a patent litigation in the Eastern District of Texas, including successfully obtaining dismissal of all three asserted patents with prejudice;
• defending Target Corporation against a nine-patent infringement suit in the Middle District of Florida, including challenging all patents in IPR proceedings before the PTAB and successfully invalidating claims from eight of the asserted patents;
• defending Apple in a patent litigation brought by Speir Technologies in the Western District of Texas, including successfully transferring the case to the Northern District of California and then successfully staying the case pending IPR petitions;
• defending Palo Alto Networks in a 13-patent litigation brought by Centripetal Networks, Inc. in the United States District Court for the Eastern District of Virginia;
• representing Egenera, Inc. in a jury trial against Cisco in the United States District Court for the District of Massachusetts; defending Marvell Semiconductor and MACOM Technology Solutions in multiple district court litigations and ITC investigations; defending NetApp against patent infringement claims brought by Proven Networks in the ITC, and obtaining summary determination of no violation;
• representing Rovi against Comcast in an ITC investigation involving seven patents relating to interactive program guides and related technologies;
• representing BlackBerry in a multi-patent suit brought by Zipit in the District of South Carolina regarding wireless messaging and control of communications devices over a computer network;
• representing Braemar Manufacturing in four IPR proceedings relating to cardiac monitoring technology, and obtaining denial of institution of two of the petitions;
• defending Apple in a multi-patent jury trial against Smartflash relating to digital rights management;
• representing Spansion in multi-patent ITC cases relating to flash memory technology;
• representing CardioNet in two multi-patent litigations in the Eastern District of Pennsylvania relating to cardiac detection technology;
• defending Apple in a patent litigation relating to the display of panoramic images and street maps, including successfully transferring the case from the Middle District of Florida to the Northern District of California;
• defending EMC Corporation (now Dell) in multiple patent litigations in the District of Delaware and the District of Massachusetts relating to distributed file systems and information processing technology;
• representing Motorola against Microsoft in multi-district litigation directed to smartphones and set-top boxes.