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Phil Goter counsels startup companies 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, and resolving complex disputes. Phil leverages his M.B.A. 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. He has advised numerous companies in healthcare, food services, logistics, and advertising spaces. Phil also has extensive experience working with high tech clients in the computer software and hardware space. His keen familiarity with standards-essential cellular infrastructure, 5G, GPS, mobile apps, autonomous vehicles, artificial intelligence, computer and network security, VoIP, wireless networking, home automation, medical devices, and cloud computing provides his clients with a competitive advantage.

Phil has litigated across a diverse technology spectrum, including pharmaceuticals, cosmetic implants and injectables, gallium nitride LEDs, “smart” sporting goods, and casualty insurance. His practice includes patent litigation in district courts around the country and the Federal Circuit, with the majority in key patent litigation venues such as Delaware and Eastern Texas. He has vast experience providing counsel to international businesses on U.S. intellectual property matters, including representing Chinese networking and telecommunications companies and a major Japanese pharmaceutical company in U.S. patent litigations.

Phil also has significant experience with complex economic matters, and his cases frequently include complicated competition law issues, such as monopolization, attempted monopolization, 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 leveraged this experience to help clients successfully defend against antitrust claims, such as anticompetitive conduct by an alleged monopolist or attempted monopolist.

In addition to being a Principal at Fish, Phil is an Adjunct Professor of Law at the University of Minnesota Law School where he teaches Intellectual Property and Entrepreneurship. He helped launch a drop-in clinic at the Law School where he assists with a limited-representation for inventors, authors, entrepreneurs, startups, and small businesses. Phil is also a member of the Expert Network for Lunar Startups, an incubator specializing in growth, connection, and innovation for women, people of color, and other high-potential entrepreneurs.

In law school, Phil was a founding member of the Iowa Medical Innovation Group, dedicated to incubation and commercialization of medical device startups. He also assisted noted antitrust scholar, Professor Hovenkamp, and noted copyright scholar, Professor Bohannan, with their research. Before law school, he worked at Rockwell Collins focusing on project management, software architecture, and systems integration of software-defined radio and networking technologies.

Phil serves as the Marketing Leader for Fish’s Minneapolis office.

Outside of the office, you will often see Phil at the hockey rink, coaching his three children’s youth hockey teams.


University of Iowa College of Law 2011
with high distinction and honors, Order of the Coif

University of Iowa 2008

University of North Dakota 2005
Computer Science, M.S.

University of North Dakota 2001
Computer Science, B.S.


  • Minnesota 2011
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Minnesota
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the District of Colorado

Memberships & Affiliations

Contributing Editor, Iowa Law Review
Member, Hon. Jimmie V. Reyna IP Inn of Court
Federal Bar Association, Minnesota Chapter Board Member, Chairman of the Golf Tournament Committee, Member of the Intellectual Property Practice Committee

Other Distinctions

​Recognized as a 2018 “North Star Lawyer” by the Minnesota State Bar Association for a commitment to pro bono work.

Media Mentions

Featured, “U of M Law School presents free IP and Entrepreneurship clinic,” Star Tribune (September 19, 2019).

Speaking Engagements

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

Co-Speaker, “NPE Litigation: Trends & Strategies,” Fish Litigation Webinar (April 29, 2020).

Co-Speaker, “Autonomous Vehicles: Technical Advancements and Legal Considerations,” Fish Litigation Webinar (December 10, 2019).

Co-Speaker, “Autonomous Vehicles: Technology and Law,” Fish & Richardson Patents on Tap CLE Event (October 24, 2019).

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

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

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

Speaker, University of Minnesota Patent Law Proseminar (February 4, 2016).

Co-Speaker, “Here We Go Again: 7 Ways Congress May (Yet Again) Change the Patent Laws and How Those Changes May Affect You,” Fish & Richardson Patents on Tap CLE Event (September 10, 2015).

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

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

Keynote Speaker, University of Iowa’s “Iowa Medical Innovation Group” Series (January 22, 2014).

Selected Publications

Phillip W. Goter, How to Protect Intellectual Property Investment in Autonomous Vehicle Technology, Automotive World (January 2020).

Phillip W. Goter, Technical Advancements and the Legal Considerations of Autonomous Vehicles, Fish Litigation Blog (August 2019).

Phillip W. Goter, Renewed Interest in Autonomous Vehicle Legislation, Fish Litigation Blog (August 5, 2019).

Phillip W. Goter, Judge Gilstrap Provides Guide for Post-TC Heartland Venue Analysis, Fish Litigation Blog (July 12, 2017).

Phillip W. Goter, Exhaustion and the “Right to Repair”: Ownership Rights after Impression Products, Inc. v. Lexmark Intern., IncFish Litigation Blog (June 22, 2017).

Phillip W. Goter, Fish Presents Inter Partes Review Master Course at The University of Iowa College of Law, Fish Litigation Blog (March 30, 2017).

Phillip W. Goter, District Courts Appear to Defer, Even Post-Halo, to Juries’ Willfulness Findings, Fish Litigation Blog (September 12, 2016)

Phillip W. Goter, Certain Post-Hypothetical Negotiation Information is Relevant to Calculation of Reasonable Royalty, Fish Litigation Blog (May 19, 2015)

Phillip W. Goter, The Commercial Exploitation Continuum, 13 MINN. J. L. SCI. & TECH. 795 (2012).

Phillip W. Goter, Note, Princo, Patent Pools and the Risk of Foreclosure: A Framework for Assessing Misuse, 96 IOWA L. REV. 699 (2010).

Phillip W. Goter, Usage Mining and Recommender Systems for the World-Wide Web (M.S. Thesis, UND Press 2005).


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October 1st, 2020
2020 Midwest IP Institute
Speaking Engagement
Terms of Use Blog
May 18, 2020
The Basics of Autonomous Vehicles, Part I: Artificial Intelligence
Authors: Phillip W. Goter, Joseph A. Herriges
April 29th, 2020 | 1:30 pm EDT
Webinar | NPE Litigation: Trends & Strategies
Fish Litigation Blog
March 19, 2020
Autonomous Vehicles Q&A
Authors: Phillip W. Goter, Joseph A. Herriges
IP Litigation
April 16th, 2020 | 4:00 pm CDT
Patents on Tap | Patent Eligibility at the Supreme Court: What You Need to Know
Speaking Engagement
January 8, 2020
Phillip Goter & Joseph Herriges Author Article in Automotive World, "Protecting Your Intellectual Property Investment in AV Technology"
Media Mention
December 10th, 2019 | 1:00 pm EST
Webinar | Autonomous Vehicles Technical Advancements and Legal Considerations
Fish Litigation Blog
October 3, 2019
White Paper | Technical Advancements and the Legal Considerations of Autonomous Vehicles
Authors: Markus D. Weyde, Phillip W. Goter, Joseph A. Herriges
IP Litigation
October 24th, 2019 | 4:00 pm CDT
Patents on Tap | Autonomous Vehicles
Speaking Engagement
August 26, 2019
White Paper | Technical Advancements and the Legal Considerations of Autonomous Vehicles
September 26th, 2019
2019 Midwest IP Institute - MIPLA
Fish Litigation Blog
August 8, 2019
5G Developments: From Rollout to Regulation
Authors: Phillip W. Goter, Joseph A. Herriges
IP Litigation
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