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Phillip Goter
OVERVIEW

Phillip Goter

Partner

Minneapolis

225 S. Sixth Street
Suite 2800
Minneapolis, MN 55402-4662

P (612) 367-8746

F 612-333-6798

Clients trust Phillip Goter to enforce and manage their valuable intellectual property. Phil counsels organizations – ranging from startups to Fortune 100 companies – around the world, managing litigation through trial and appeal, prosecuting patents and trademarks, conducting pre-suit investigations, advising on regulatory issues, conducting due diligence and freedom to operate analyses, and resolving complex disputes.

OVERVIEW

Clients trust Phillip Goter to enforce and manage their valuable intellectual property. Phil counsels organizations – ranging from startups to Fortune 100 companies – around the world, managing litigation through trial and appeal, prosecuting patents and trademarks, conducting pre-suit investigations, advising on regulatory issues, conducting due diligence and freedom to operate analyses, and resolving complex disputes.

Phil leverages his business and industry experience when working with his clients, and they value his strategic thinking and trust his counsel regarding product development and commercialization, licensing, and contract negotiation.

Phil frequently works with high-tech clients in the computer software and hardware space. His keen familiarity with computer hardware, standards-essential cellular infrastructure, 5G, GPS, mobile apps, autonomous vehicles, artificial intelligence, machine learning, computer and network security, VoIP, wireless networking, home automation, medical devices, and cloud computing aid him in providing successful outcomes for his clients.

He has deep experience providing counsel to international businesses on U.S. intellectual property matters, including representing European and Asian consumer electronics, networking and telecommunications companies, and pharmaceutical companies in global IP disputes. His practice includes patent litigation in U.S. district courts around the country and before the U.S. Court of Appeals for the Federal Circuit, with the majority in key patent litigation venues such as Delaware and Eastern Texas.

Phil also has significant experience with complex economic matters and his cases have included competition law issues, such as monopolization, attempted monopolization, and Walker Process and sham litigation claims. He has successfully obtained lost profits verdicts in pharmaceutical cases and has commissioned and used numerous expert surveys in litigation to prove infringement, indirect infringement, rates of infringement, apportionment, lost profits, and value of the invention.

He also has in-house counsel experience. Prior to joining Barnes & Thornburg, Phil was an investment manager and legal counsel for a global, publicly traded litigation finance and legal risk management company. He advanced the company’s IP initiatives and expanded its litigation funding presence globally, and also handled U.S. litigation matters through the entire life cycle of the litigation funding relationship, including sourcing, evaluating, and monitoring IP and commercial investments through to resolution.

Outside of his legal practice, Phil teaches intellectual property at the University of Minnesota Law School and can often be found at the hockey rink, coaching his three children’s youth hockey teams.

 

Professional and Community Involvement

Member, Expert Network for Lunar Startups

EXPERIENCE
Presentations

Panelist, Midwest IP Symposium, “What You Should Know about Litigation Funding,” October 2023

Panelist, IPWatchdog Live 2023, “Patent Litigation Funding, Deal Structures and Best Practices,” September 2023

Panelist, IPBC Europe “Litigation Funding and the Unified Patent Court,” March 2023

Panelist, Auto IP & Legal World Summit, “Stay Prepared for the Rise of Patent Litigation in the Automotive Sector,” June 9, 2021

Co-Speaker, Midwest IP Institute “Autonomous Vehicles: Novel Technical and Legal Considerations,” October 1, 2020

Co-Speaker, Midwest IP Symposium “The Section 101 Landscape,” September 27, 2019

Co-Speaker, Minnesota Association of Corporate Counsel Annual Conference “Update on Key Supreme Court Patent Decisions,” June 14, 2018

Lecturer, University of Iowa College of Law’s Innovation, Business and Law Center “Inter Partes Review Master Class,” March 24, 2017

Speaker, University of Minnesota Patent Law Proseminar, February 4, 2016

Co-Speaker, Minnesota Association of Corporate Counsel Annual In-House Counsel Conference, “The Current Landscape for NPE Litigation: Curbing NPE Activity,” June 18, 2015

Speaker, University of Iowa “Hawkeye Innovation Summit,” March 27, 2014

 
 
Publications

IP Watchdog, “How Patent Owners Should Be Rethinking Venue Selection and Case Strategy in a World Without Waco,” Aug. 15, 2022

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