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Background

Phillip Goter is an intellectual property attorney with 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, and cloud computing provides his clients with a competitive advantage. Phillip has litigated across a diverse technology spectrum, including pharmaceuticals, cosmetic implants and injectables, gallium nitride LEDs, “smart” sporting goods, casualty insurance business methods, filtration, medical devices, and photonics. His cases frequently include complicated competition law issues related to intellectual property, such as monopolization, attempted monopolization, Walker Process, and sham litigation claims.

Phillip counsels startup companies to Fortune 100 companies around the world seeking to protect their intellectual property, especially in emerging technologies such as 5G, autonomous vehicles, clean energy, and artificial intelligence. His practice includes patent litigation in district courts around the country, 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.

Leveraging his M.B.A., Phillip also has significant experience with complex damages and economic matters that arise in litigation. 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, Phillip 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. Phillip 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, Phillip 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, Phillip worked at Rockwell Collins focusing on project management, software architecture, and systems integration of software-defined radio and networking technologies.

Outside of the office, Phillip is committed to pro bono work, coaching his children’s youth hockey and baseball teams, and volunteering with the Boy Scouts.

Education

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


University of Iowa 2008
M.B.A.


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


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

Admissions

  • 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, “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).

Experience

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What's trending with Phillip

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Fish Litigation Blog
May 18, 2020
The Basics of Autonomous Vehicles, Part I: Artificial Intelligence
Authors: Phillip W. Goter, Joseph A. Herriges
IP Litigation
News
January 8, 2020
Phillip Goter & Joseph Herriges Author Article in Automotive World, "Protecting Your Intellectual Property Investment in AV Technology"
Media Mention
Articles
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
News
August 26, 2019
White Paper | Technical Advancements and the Legal Considerations of Autonomous Vehicles
Articles
Fish Litigation Blog
August 8, 2019
5G Developments: From Rollout to Regulation
Authors: Phillip W. Goter, Joseph A. Herriges
IP Litigation
Event
April 29th, 2020 | 1:30 pm EDT
Webinar | NPE Litigation: Trends & Strategies
Webinar
Fish Litigation Blog
March 19, 2020
Autonomous Vehicles Q&A
Authors: Phillip W. Goter, Joseph A. Herriges
IP Litigation
Event
April 16th, 2020 | 4:00 pm CDT
Patents on Tap | Patent Eligibility at the Supreme Court: What You Need to Know
Speaking Engagement
Event
December 10th, 2019 | 1:00 pm EST
Webinar | Autonomous Vehicles Technical Advancements and Legal Considerations
Webinar
Event
October 24th, 2019 | 4:00 pm CDT
Patents on Tap | Autonomous Vehicles
Speaking Engagement
Event
September 26th, 2019
2019 Midwest IP Institute - MIPLA
Conference/Convention
Sponsorship
Event
April 17th, 2018 | 4:30 pm CDT
Panel on Best Practices in Trade Secret Litigation
Speaking Engagement
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