Kevin Schubert is an associate in McKool Smith's New York office. He focuses his practice on patent litigation. He has been involved in all phases of litigation, including pre-suit analysis, taking and defending dozens of fact and expert depositions, drafting summary judgment motions, and preparing pre- and post-trial briefing.
Recently, Kevin represented Wi-LAN in a patent dispute against Apple in the Southern District of California. On August 1, 2018, a San Diego jury returned a verdict in favor of Wi-LAN for $145.1 million. Kevin first-chaired a number of significant technical hearings in the matter, including Markman and the summary judgment hearing. Kevin also argued the motion to transfer in the Northern District of California before Judge Wilken, which resulted in the case being transferred to the Southern District of California.
Kevin also recently represented BMC software in a patent dispute against ServiceNow in the Eastern District of Texas. Kevin argued at the Markman hearing and at the pre-trial conference on behalf of BMC software before the case settled in early 2016.
Before law school, Kevin worked as a patent examiner in Washington, D.C., at the United States Patent and Trademark Office in the Cryptography department. There, he examined more than 100 patent applications, interviewed lawyers and inventors, and wrote appeal briefs to the Board of Patent Appeals and Interferences.
Since the Leahy-Smith America Invents Act took effect in 2012, courts have taken varying approaches in their application of â€œso-called inter partes review estoppel â€” that is preclusion of a validity challenge in ...