Phil Goter is a Partner at Barnes & Thornburg LLP, where he 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.
With Judge Alan Albright no longer a lock for patent litigants in the Western District of Texas, prospective claimants and their counsel should be rethinking their venue selection strategies. Litigants and lawyers who previously relied on Judge Albright’s favorable procedural rules and efficient trial schedules as a proxy for more rigorous due diligence will now need to take a closer look at the merits of their cases when considering whether and where to file. For those navigating this new world order, litigation funders serve as a valuable resource. Experienced funders can offer objective advice about the strengths and weaknesses of complex patent infringement cases, strategic insights about potential litigation venues, and non-recourse financing for meritorious cases.
On August 16, the National Highway Traffic Safety Administration (NHTSA) announced that it had opened a probe into Tesla’s driver-assistance technologies after it identified 11 crashes since 2018 in which a Tesla vehicle had struck an emergency-response vehicle. All Tesla vehicles involved had been using the automaker’s Autopilot feature at the time of the crashes, which enables the vehicles to steer, accelerate, and brake automatically. The crashes have attracted the scrutiny of lawmakers and regulators of Autopilot and similar technologies. With increased attention being paid to AV safety, AV companies are shifting their research and development and IP strategies toward technologies designed to address consumers’ real-world safety concerns.