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Peter Schmidt focuses his practice on intellectual property litigation, including patent, copyright, trademark, trade secret, and false advertising disputes. He also has in-depth experience in systems integration and licensing litigation.

His prior experience as a computer engineer in Silicon Valley and as a management consultant at McKinsey & Company enable him to bring a unique perspective on complex technical and financial issues, such as computer hardware and software analysis and rights valuations.

Peter's cases span a wide range of industries and technologies, including fintech, networking and network security, cloud computing, ecommerce, streaming, transportation, wireless/cellular, energy, and music. He frequently leverages his industry, technical, and consulting experience in developing case strategies and working with fact and expert witnesses.

Peter believes in a thoughtful and efficient approach to case management: He values identifying key issues early on and using standard work practices where possible for cost efficiency. He also emphasizes frequent client updates to ensure alignment on strategy and progress towards each client's desired resolution.

Full Bio

Credentials

J.D./M.B.A., Harvard Law School, Magna Cum Laude

M.S. Electrical and Computer Engineering, Carnegie Mellon University

B.S. Electrical and Computer Engineering, Carnegie Mellon University

B.S. Physics, Carnegie Mellon University

District of Columbia

U.S. District Court for the Eastern District of Wisconsin

Wisconsin

English

News

In the News · Source: Law360, Global Competition Review, Bloomberg Law, New York Law Journal, Law.com International, Global Arbitration Review, Daily Journal, The Deal, Intellectual Property Magazine, World Trademark Review, Commercial Dispute Resolution, Global Investigations Review, Le Monde du Droit, La Lettre des Juristes d’Affaires, Daily Report, The Oath, Houston Business Journal, The Texas Lawbook and Chicago Daily Bulletin

December 3, 2021
K&S elects 32 new partners and promotes 16 counsel across 16 cities

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Matters

Represented F5, Inc. in a five-patent suit brought by Brazos Licensing, involving load balancing and networking hardware and software. Achieved voluntary dismissal of four patents and summary judgment of noninfringement on the remaining patent after successfully transferring the case from the Western District of Texas to the Western District of Washington. The case is currently on appeal.

Represented F5, Inc. in a three-patent suit brought by SunStone Information Defense, focusing on bot defense and network security technologies. Invalidated one patent at the Patent Trial and Appeal Board and obtained a ruling that the remaining patents were invalid for indefiniteness. The case was initially filed in the Eastern District of Virginia and later transferred to the Northern District of California. It is currently on appeal.

Represented multinational technology company against record labels in the Copyright Royalty Board's Web V trial to set digital performance royalties for noninteractive streamers. Obtained a post-trial decision that rejected the labels' positions and adopted much of our client’s argument.

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Matters

Represented F5, Inc. in a five-patent suit brought by Brazos Licensing, involving load balancing and networking hardware and software. Achieved voluntary dismissal of four patents and summary judgment of noninfringement on the remaining patent after successfully transferring the case from the Western District of Texas to the Western District of Washington. The case is currently on appeal.

Represented F5, Inc. in a three-patent suit brought by SunStone Information Defense, focusing on bot defense and network security technologies. Invalidated one patent at the Patent Trial and Appeal Board and obtained a ruling that the remaining patents were invalid for indefiniteness. The case was initially filed in the Eastern District of Virginia and later transferred to the Northern District of California. It is currently on appeal.

Represented multinational technology company against record labels in the Copyright Royalty Board's Web V trial to set digital performance royalties for noninteractive streamers. Obtained a post-trial decision that rejected the labels' positions and adopted much of our client’s argument.

Represented digital music service against music publishers in the Copyright Royalty Board's Phonorecords III trial to set mechanical royalties for interactive streamers. Secured a post-trial decision that achieved our client’s principal objectives and rejected the publishers' request for a per-play royalty rate.

Represented NCR and several of its financial services customers against patent infringement allegations related to mobile check image capture. Successfully achieved dismissal of all claims under the doctrine of claim vitiation on a motion for judgment on the pleadings after obtaining stays of the individual suits against the customers.

Represented toll road technology supplier Roper Technologies in an International Trade Commission case accusing competitor Kapsch of patent infringement related to E-ZPass tags and readers. Achieved a desired financial settlement for the client after the close of discovery.

Represented multinational automotive company in a 10-patent suit brought by Intellectual Ventures in the Western District of Texas, involving wireless and smart automotive technologies. Secured a favorable settlement after significant claim construction victories.

Represented leading financial services company in a patent infringement suit brought by Intellectual Ventures. Achieved stipulated non-infringement on one patent after a claim construction win and obtained invalidity of the remaining patents under Section 101 of the Patent Act.

Represented an ATM manufacturer in a copyright, trade secret, trademark, and false advertising suit against a former business partner. Secured a settlement that was more than three times the initial assessment of the suit's value.

Represented a natural gas pipeline operator in AAA arbitration, defending against breach of contract claims related to an enterprise software development agreement. Achieved a final award significantly less than the plaintiff's prehearing demand.

News

In the News · Source: Law360, Global Competition Review, Bloomberg Law, New York Law Journal, Law.com International, Global Arbitration Review, Daily Journal, The Deal, Intellectual Property Magazine, World Trademark Review, Commercial Dispute Resolution, Global Investigations Review, Le Monde du Droit, La Lettre des Juristes d’Affaires, Daily Report, The Oath, Houston Business Journal, The Texas Lawbook and Chicago Daily Bulletin

December 3, 2021
K&S elects 32 new partners and promotes 16 counsel across 16 cities

View all

Matters

Represented F5, Inc. in a five-patent suit brought by Brazos Licensing, involving load balancing and networking hardware and software. Achieved voluntary dismissal of four patents and summary judgment of noninfringement on the remaining patent after successfully transferring the case from the Western District of Texas to the Western District of Washington. The case is currently on appeal.

Represented F5, Inc. in a three-patent suit brought by SunStone Information Defense, focusing on bot defense and network security technologies. Invalidated one patent at the Patent Trial and Appeal Board and obtained a ruling that the remaining patents were invalid for indefiniteness. The case was initially filed in the Eastern District of Virginia and later transferred to the Northern District of California. It is currently on appeal.

Represented multinational technology company against record labels in the Copyright Royalty Board's Web V trial to set digital performance royalties for noninteractive streamers. Obtained a post-trial decision that rejected the labels' positions and adopted much of our client’s argument.

See more

Close

Matters

Represented F5, Inc. in a five-patent suit brought by Brazos Licensing, involving load balancing and networking hardware and software. Achieved voluntary dismissal of four patents and summary judgment of noninfringement on the remaining patent after successfully transferring the case from the Western District of Texas to the Western District of Washington. The case is currently on appeal.

Represented F5, Inc. in a three-patent suit brought by SunStone Information Defense, focusing on bot defense and network security technologies. Invalidated one patent at the Patent Trial and Appeal Board and obtained a ruling that the remaining patents were invalid for indefiniteness. The case was initially filed in the Eastern District of Virginia and later transferred to the Northern District of California. It is currently on appeal.

Represented multinational technology company against record labels in the Copyright Royalty Board's Web V trial to set digital performance royalties for noninteractive streamers. Obtained a post-trial decision that rejected the labels' positions and adopted much of our client’s argument.

Represented digital music service against music publishers in the Copyright Royalty Board's Phonorecords III trial to set mechanical royalties for interactive streamers. Secured a post-trial decision that achieved our client’s principal objectives and rejected the publishers' request for a per-play royalty rate.

Represented NCR and several of its financial services customers against patent infringement allegations related to mobile check image capture. Successfully achieved dismissal of all claims under the doctrine of claim vitiation on a motion for judgment on the pleadings after obtaining stays of the individual suits against the customers.

Represented toll road technology supplier Roper Technologies in an International Trade Commission case accusing competitor Kapsch of patent infringement related to E-ZPass tags and readers. Achieved a desired financial settlement for the client after the close of discovery.

Represented multinational automotive company in a 10-patent suit brought by Intellectual Ventures in the Western District of Texas, involving wireless and smart automotive technologies. Secured a favorable settlement after significant claim construction victories.

Represented leading financial services company in a patent infringement suit brought by Intellectual Ventures. Achieved stipulated non-infringement on one patent after a claim construction win and obtained invalidity of the remaining patents under Section 101 of the Patent Act.

Represented an ATM manufacturer in a copyright, trade secret, trademark, and false advertising suit against a former business partner. Secured a settlement that was more than three times the initial assessment of the suit's value.

Represented a natural gas pipeline operator in AAA arbitration, defending against breach of contract claims related to an enterprise software development agreement. Achieved a final award significantly less than the plaintiff's prehearing demand.

News

In the News · Source: Law360, Global Competition Review, Bloomberg Law, New York Law Journal, Law.com International, Global Arbitration Review, Daily Journal, The Deal, Intellectual Property Magazine, World Trademark Review, Commercial Dispute Resolution, Global Investigations Review, Le Monde du Droit, La Lettre des Juristes d’Affaires, Daily Report, The Oath, Houston Business Journal, The Texas Lawbook and Chicago Daily Bulletin

December 3, 2021
K&S elects 32 new partners and promotes 16 counsel across 16 cities

View all

Credentials

J.D./M.B.A., Harvard Law School, Magna Cum Laude

M.S. Electrical and Computer Engineering, Carnegie Mellon University

B.S. Electrical and Computer Engineering, Carnegie Mellon University

B.S. Physics, Carnegie Mellon University

District of Columbia

U.S. District Court for the Eastern District of Wisconsin

Wisconsin

English