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 analyses, 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 U.S. 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 Twin Cities office.
Outside of the office, you will often see Phil at the hockey rink, coaching the youth hockey teams of his three children.
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).
Phillip W. Goter, The Basics of Autonomous Vehicles, Part II: Legal Challenges and Opportunities, Fish Blog (December 2020).
Phillip W. Goter, The Basics of Autonomous Vehicles, Part I: Artificial Intelligence, Fish Litigation Blog (May 2020).
Phillip W. Goter, How to Protect Intellectual Property Investment in Autonomous Vehicle Technology, Automotive World (January 2020).
Featured, “U of M Law School presents free IP and Entrepreneurship clinic,” Star Tribune (September 19, 2019).
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., Inc, Fish 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).
Sound View Innovations, LLC v. Cigna Corporation, 1:19cv00964 (D. Del.) – Represent Cigna in a lawsuit related to web services and big-data analytics technologies.
Bell Northern Research, LLC v. Huawei Device Co., Ltd. et al, 3:18cv01784 (S.D. Cal.) – Represent Huawei in a lawsuit related to mobile cellular device technology.
SIMO Holdings, Inc. v. Hong Kong uCloudlink Network Technology Ltd. and uCloudlink (America), Ltd., 1:18cv05427 (S.D.N.Y) – Represent uCloudlink in post-trial motions and appeal adverse to SIMO Holdings in patent case related to cellular wifi hotspots.
Duke University et al. v. Sandoz Inc., 1:18cv997 (D. Col.); Duke University et al. v. Alembic Pharmaceuticals Ltd. et al., 3:17cv7453 (D.N.J.) – Represent Duke in related patent cases adverse to Sandoz and Alembic related to Sandoz’s and Alembic’s alleged infringement.
Teleconference Systems LLC v. Metaswitch Networks Corp., 6:18cv234 (E.D. Tex.) – Represented Metaswitch in a lawsuit concerning videoconferencing telecommunications technology. Case resolved favorably.
Ribbon Communications and Sonus Networks Inc. v. Metaswitch Networks Ltd., et al., 2:18cv57, 2:18cv58 (E.D. Tex.) – Represent Metaswitch adverse to Ribbon Communications (Sonus) in two related lawsuits concerning alleged infringement of 10 of Ribbon’s patents and 10 of Metaswitch’s patents related to voice over IP telephony. Case resolved favorably.
Athena Diagnostics Inc., et al. v. Mayo Collaborative Services LLC, et al., 1:15cv40075 (D. Mass.) & 2017-2508 (Fed. Circ.) – Represent Mayo in a medical diagnostic patent case brought by Athena. Athena’s patent was found invalid under § 101. The ruling was affirmed at the Federal Circuit.
Maxell, Ltd. v. Huawei Device USA, Inc. and Huawei Device Co., 5:18cv0033 (E.D. Tex.) – Represented Huawei in a lawsuit concerning mobile phone hardware and chipset technologies. Case resolved favorably.
Sumitomo Dainippon Pharma Co., Ltd. v. Emcure Pharma Ltd. et al. (D.N.J.): Represented Plaintiffs in Hatch-Waxman litigation over schizophrenia and bipolar depression medication LATUDA®. Case resolved favorably.
Certain Subsea Telecommunication Systems and Components Thereof, 337TA1098 (ITC) – Represented NEC Corporation in an investigation concerning subsea telecommunications equipment.
Huawei Technologies Co. Ltd v. T-Mobile US, Inc. and T-Mobile USA, Inc., 2:16cv52, 2:16cv56, 2:16cv57 (E.D. Tex.) – Represented Huawei adverse to T-Mobile in a series of four related lawsuits concerning T-Mobile’s infringement of 14 of Huawei’s patents related to cellular network infrastructure equipment and services. Cases resolved favorably just before trial.
GlaxoSmithKline v. Teva Pharmaceuticals, 1:14cv878 (D. Del.) – Counsel for GlaxoSmithKline in a patent case involving methods of treating heart failure patients with carvedilol. In June 2017, a jury found Teva liable for willful infringement, found GSK’s patent valid, and awarded $235 million in damages. Currently on appeal to the Federal Circuit.
SRI International, Inc. v. Cisco Systems, Inc., 13-1534 (D. Del.) – Counsel for SRI against Cisco in a patent infringement suit involving network security technology. Jury Verdict for $23.7M, enhanced for willfulness and attorney fees. Infringement and fees award affirmed at the Federal Circuit.
CDR v. FedEx Office, 2:14-cv-00801-JRG (E.D. Tex.) – Represented FedEx Office against CDR in a case involving online printing. Case dismissed by plaintiff.
Pillar Vision Inc. v. InfoMotion Sports Technologies Inc., 2:14cv43 (N.D. Al.) – Represented InfoMotion Sports in a patent infringement case and inter partes review related to a “smart” basketball and training app.
Innovatio IP Ventures v. FedEx Corp., 1:11-cv-09308 (N.D. Ill.) – Counsel for FedEx in a patent infringement suit involving wireless network technology. Case settled favorably after bench trial on damages.
Tower Reinforcement, Inc. v. Crown Castle et al., 3:12cv60 (S.D. Ind.) – Counsel for Tower Reinforcement in a case involving patents on monopole cell phone tower reinforcement systems. Case settled favorably during discovery.
Nest Labs, Inc. v. Honeywell International, Inc., 0:12cv299 (D. Minn.) – Counsel for Nest Labs in defense of claims of infringement of seven Honeywell patents related to thermostats. The case settled after inter partes reexamination proceedings were initiated by Nest Labs.
Finjan Inc. v. McAfee Inc. et al., 1:10cv593 (D. Del.) – Counsel for McAfee in patent lawsuit involving antivirus software. Case resolved favorably.
Recognized as a 2018 “North Star Lawyer” by the Minnesota State Bar Association for a commitment to pro bono work.
- IP Licensing, Transactions, and Agreements
- ITC Litigation
- Patent Litigation
J.D. with high distinction and honors, Order of the Coif , University of Iowa College of Law (2011)
M.B.A., University of Iowa (2008)
M.S., Computer Science, University of North Dakota (2005)
B.S., Computer Science, University of North Dakota (2001)
- 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
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
January 28, 2021
Fish & Richardson Wins Full Federal Circuit Reversal and Summary Judgment of Non-Infringement for uCloudlink in Patent Dispute
January 7, 2021
Fish & Richardson Receives 2020 “Attorney of the Year” Group Award from Minnesota Lawyer
December 18, 2020
The Basics of Autonomous Vehicles, Part II: Legal Challenges and Opportunities
Authors: Phillip W. Goter, Joseph A. Herriges
October 1st, 2020
2020 Midwest IP Institute
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
March 19, 2020
Autonomous Vehicles Q&A
Authors: Phillip W. Goter, Joseph A. Herriges
April 16th, 2020 | 4:00 pm CDT
Patents on Tap | Patent Eligibility at the Supreme Court: What You Need to Know
January 8, 2020
Phillip Goter & Joseph Herriges Author Article in Automotive World, "Protecting Your Intellectual Property Investment in AV Technology"
December 10th, 2019 | 1:00 pm EST
Webinar | Autonomous Vehicles Technical Advancements and Legal Considerations
October 3, 2019
White Paper | Technical Advancements and the Legal Considerations of Autonomous Vehicles
Authors: Markus D. Weyde, Phillip W. Goter, Joseph A. Herriges
October 24th, 2019 | 4:00 pm CDT
Patents on Tap | Autonomous Vehicles