Krista S. Schwartz

Top litigators don’t always get the easy ones. Electronic design automation client Synopsys Inc. retained Schwartz to replace its prior counsel as a result of her recent successes in other matters for them — after the earlier legal team sustained a $36 million adverse verdict and injunction in both the trial and appellate courts for patent infringement.

“When the case didn’t go well, Synopsys turned to Jones Day,” she said. “You have to step back and take a new look and try a fresh approach. You try to strengthen the client’s position.” Schwartz is now lead trial counsel in remand proceedings involving five patents relating to EDA software, in which the plaintiff seeks hundreds of millions of dollars in damages. After the U.S. Circuit Court for the Federal Circuit affirmed the earlier verdict and remanded for proceedings on supplemental damages and willful infringement, Schwartz coordinated with appellate counsel to work on a petition for certiorari to the U.S. Supreme Court.

If that doesn’t work, she is preparing for trial back in the District of Oregon. “I’ve never come into a case post-verdict before,” Schwartz said. “The $36 million damage award remains on the table and patents remain at issue on both sides, which we hope can chip away at the damages. Technically, we’re in pre-retrial mode, and we are in discussions. The case could resolve amicably.” Mentor Graphics Corp. v. Synopsys Emulation and Verification S.A., 3:10-cv-00954 (D. Ore., filed Aug. 12, 2010).

“I do enjoy this. The easy ones aren’t the ones that get to the point of retrial,” she said. “I am helping our clients deal with their most difficult issues.”

Schwartz is a member of both the Copyright Committee and the Women in IP Committee of the Intellectual Property Owners Association. She is also on the board of directors of the San Francisco Rock Project, a not-for-profit music school that brings together professional musicians and children interested in learning to teach musical skills and to instill confidence.

Two of her teenage children are members. “It’s one of the side things I do,” Schwartz said. “I grew up playing flute, and I’m a bit of a frustrated rock musician. We find opportunities for the kids to perform. We partner with the San Francisco Public Library, and our kids teach other kids. We provide free music lessons.”

Her children play drums and bass. “We tried to carpet the room they practice in,” she said, “but you can only dampen the sound so much.”

— John Roemer