Robert A. Gutkin

Education
  • J.D., University of California, Davis School of Law, 1985, Law Review
  • M.A., University of Chicago, 1982
  • B.A., cum laude, Brandeis University, 1980
Court and Other Admissions
  • Admitted to practice in California, Virginia and Washington, DC.
  • Admitted United States Court of Appeals for the Federal Circuit; Ninth Circuit Court of Appeals; United States District Court for the District of Columbia; United States District Court for the Eastern District of Virginia; United States District Court for the Southern District of California; United States District Court for the Central District of California; United States District Court for the Northern District of California, as well as numerous admissions in other Courts pro hac vice.
Representative Litigation Experience
  • UHS of Delaware v. United Health Services, Inc., et al. (M.D. Pa.) – Represented United Health Services and six subsidiaries against allegations of trademark infringement
  • Frito-Lay North America, Inc. v. Innovia Films Limited, et al. (E.D. Tex.) – Represented Innovia in patent dispute involving biodegradable film patents
  • Gerda Edwards v. Janice L.M. Buxbaum and Enterprise Optimization Solutions, Inc. (E.D. Va.) – Represented Janice Buxbaum and Enterprise Optimization Solutions in a case involving business disputes and tort claims
  • Summit Data Systems LLC v. Infortrend Corporation, et al. (D. Del.) – Represented Infortrend against allegations of patent infringement involving RAID storage systems
  • The PACid Group, LLC v. SerComm Corporation, et al. (E.D. Tex.) – Represented SerComm against allegations of patent infringement involving network encryption
  • EON Corp. IP Holdings LLC v. SerComm Corporation, et al. (N.D. Ca.) – Represented SerComm against allegations of patent infringement involving femtocell and modem technology
  • Agio International Company, Ltd. v. Numark Industries (E.D. Va.) – Represented Numark against allegations of infringement of chair design patent
  • Fonar Corporation v. HealthSouth Corporation (E.D.N.Y) – Represented HealthSouth against allegations of patent infringement of the multi-angle oblique imaging feature on MRI scanners
  • Ciena Corporation v. Corvis Corporation (D. Del.) – Represented Corvis against allegations of patent infringement of Wavelength Division Multiplexing systems used in fiber optic communications
  • Trounson Automation LLC v. Yaskawa Electric Corporation (E.D. Tx.) – Represented Trounson in pursuing patent infringement of a machine tool servo control system
  • Leighton Technologies LLC v. Oberthur Card System; and HID Corporation v. Leighton Technologies LLC (N.D. Ohio and C.D. Cal.) – Represented Leighton in multiple cases pursuing patent infringement of a process for manufacturing smart cards with integrated circuits
  • Linz v. Campbell Soup (D.N.J.)– Represented Campbell Soup against allegations of trade secret misappropriation and design patent infringement involving gravity feed displays used to sell soup products
  • Motorola v. Qualcomm and Qualcomm v. Motorola(S.D. Ca.) – Represented Qualcomm in a series of lawsuits covering 10 patents that included Qualcomm’s CDMA standard technology, as well as Motorola’s flip phone design
  • TRG Accessories, LLC v. InGEAR Corporation, Olivet International, Inc. v. InGEAR Corporation, and Cool Gear International, Inc. v. InGEAR Corporation – Represented InGEAR against allegations of infringement of trademark, and utility and design patents involving luggage
  • Western Phase Change v. Sterilube– Represented Western Phase Change in patent litigation involving lubricant for dental equipment

Kvaerner Chemetics v. Fleck – Represented Kvaerner in pursuing patent infringement of catalytic converters used in sulfuric acid production

Overview

Bob has over 30 years of experience in both intellectual property and complex business litigation. He has tried matters in state and federal courts, before judges and juries, and represented clients in alternative dispute resolution proceedings, including arbitrations, mediations and administrative law proceedings. He has also been successful in developing innovative approaches and strategies to resolve disputes to avoid litigation. In addition to intellectual property and commercial litigation matters, his experience includes the negotiation and preparation of licenses and other technology transfer documents.

Over the course of his career, Bob has managed budgets on many multimillion dollar matters and led teams of attorneys, staff, experts and outside vendors. He has also served in firm management positions.

Bob has litigated patent, trademark, trade secret and copyright matters, that include technologies as diverse as: cellular communication, fiber optics, data transmission and storage, smart cards, power control circuitry, breast cancer treatments, surgical lasers, biodegradable packaging, cryogenic devices, magnetic resonance imaging equipment, catalytic converters for sulfuric acid production, lubricants for dental equipment, gravity feed displays, and chair and luggage design. He has tried patent infringement cases on complex technology before juries, where it was critical to simplify the presentation of issues of law and technology. He has also tried complex business litigation matters, including securities issues, contract disputes, business torts, fraud and conversion. Bob has represented clients before the International Trade Commission and appellate courts. Bob has also represented witnesses before both the U.S. Senate and House Committees.

Bob has lectured both in the U.S. and abroad on topics that include arbitration, electronic discovery, licensing and litigation strategies, and served as an instructor for the National Institute for Trial Advocacy and the Patent Bar Review course offered by the Patent Resources Group. He has also served on the Discovery Committee for the Intellectual Property Owners Association.