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Robert Goethals

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Robert Goethals

Partner

[email protected]

212-419-5210, ext. 5

914-772-1143 (mobile)

In his 28 year career as a patent litigator, Robert Goethals has tried numerous cases in the federal district courts, including jury and bench trials, and the U.S. International Trade Commission. His patent litigation experience covers a wide range of technologies, including chemical products, mechanical devices, electronic consumer products, electro-mechanical equipment, and medical devices. He has served as lead counsel in patent infringement cases for major companies, including Bombardier Recreational Products, Inc., Volkswagen AG, Gerber Scientific International, Inc., E.I. du Pont de Nemours & Co. and Procter & Gamble.

Mr. Goethals’ practice also involves trademark and copyright litigation and counseling, patent opinions and licensing, as well as intellectual property due diligence analysis in connection with corporate transactions.

Education

University of Notre Dame Law School, J.D. (1990)

University of Notre Dame, B.S., Mechanical Engineering (1986)

Bar Admissions

New York

Southern District of New York

Eastern District of New York

Eastern District of Wisconsin

Federal Circuit Court of Appeals

United States Patent and Trademark Office

Professional Associations

New York Intellectual Property Law Association

American Intellectual Property Law Association

Representative Experience

Patent Litigation

  • Arctic Cat Inc. v. Bombardier Recreational Products, Inc., (D. Minn.): First chair counsel for Bombardier in patent litigation involving five patents directed to engineignition timing and fuel injection control systems. Case dismissed after obtaining summary judgements of indefiniteness and non-infringement.
  • Polaris Industries, Inc. v. Bombardier Recreational Products, Inc., (D. Minn.): First chair counsel for Bombardier in patent litigation regarding snowmobile suspension system. Case dismissed after successful patent reexamination challenge in the U.S. Patent and Trademark Office.
  • Bombardier Recreational Products, Inc. v. Arctic Cat Inc., (D. Minn.): First chair counsel representing Bombardier in patent litigation regarding high performance snowmobile chassis.
  • Kruse Technology Partnership v. Daimler AG et al. (C.D. Cal.): Lead counsel for Volkswagen AG and Volkswagen Group of America Inc. in patent infringement action regarding diesel engine combustion processes. Case dismissed after obtaining summary judgment of non-infringement.
  • Gerber Scientific International, Inc. v. Satisloh AG and Satisloh North America, Inc. (D. Conn.): First chair counsel for Gerber in patent infringement action involving ophthalmic lens manufacturing equipment.
  • Bombardier Recreational Products, Inc. v. Kawasaki Heavy Industries, Ltd., et al. (M.D. Fla.); Bombardier v. Kawasaki et al. (E.D. Tex.); Kawasaki v. Bombardier Recreational Products (E.D. Tex.): Lead counsel for Bombardier in three patent infringement actions directed to personal watercraft. Globally settled before trial.
  • Medtronic Vascular, Inc. v. Boston Scientific Corp., Scimed Life Systems, Inc., Boston Scientific Scimed, Inc. and Medinol, Ltd, (D. Del.): Lead counsel for Medinol in patent infringement action involving cardiovascular stents.
  • ATMI, Inc. Praxair, Inc. (S.D. N.Y.) and Praxair, Inc. v. ATMI, Inc. (D. Del.): Lead counsel for ATMI in patent infringement actions involving sub-atmosphericion implant gas delivery systems used in the fabrication of semiconductor chips.
  • Yamaha et. al. v. Bombardier et. al. (C.D. Cal.): Lead counsel for Bombardier in patent infringement action by Yamaha involving 33 patents directed to personal watercraft. Case favorably settled with companion ITC proceeding.
  • E.I. du Pont de Nemours & Co. v. Millennium Chemicals, Inc. (D. Del.): Lead counsel for DuPont in patent infringement action involving polymer masterbatches containing silanized titanium dioxide pigments.
  • Procter & Gamble v. Paragon Trade Brands (D. Del.): Lead counsel for P&G in a patent infringement action involving disposable diapers resulting in a $178 million damages award for P&G.
  • Mobil Oil Corporation v. Amoco Chemicals Corporation, (D. Del.): Lead counsel for Mobil in liability and damages trials of patent infringement action involving catalysts for processing petroleum resulting in a $120 million damages award for Mobil.

 

International Trade Commission Investigation

  • In the Matter of Certain Snowmobiles With Engines Having Exhaust Temperature-Controlled Engine Technology and Components Thereof (U.S. ITC Inv. No. 337-TA-940 (2014). First chair counsel for Bombardier in ITC investigation involving three Arctic Cat patents directed to engine control systems. Investigation terminated following favorable claim construction hearing.
  • In the Matter of Certain Semiconductor Devices, DMA Systems, and Products Containing Same (U.S. ITC Inv. No. 337-TA-607 (2008)). Represented 15 non-parties that received subpoenas served by complainant Samsung; successfully quashed all 15 subpoenas.
  • In the Matter Of Certain Baseband Processor Chips and Chipsets, Transmitter and Receiver (Radio) Chips, Power Control Chips, and Products Containing Same, Including Cellular Telephone Handsets (U.S. ITC Inv. No. 337-TA-543 (2007)): Represented Research In Motion in Federal Circuit appeal of ITC limited exclusion order against non-respondents. Federal Circuit vacated limited exclusion order on grounds that the ITC lacked authority to issue a limited exclusion order against non-respondents.
  • In The Matter Of Certain Personal Watercraft and Components Thereof (U.S. ITC Inv. No. 337-TA-452 (2002): Lead counsel for Bombardier in ITC investigation involving 11 Yamaha patents directed to personal watercraft. Obtained dismissal of five of the patents before ITC hearing through motions for summary determination of noninfringement, invalidity, and lack of jurisdiction (no domestic industry). The matter was favorably settled after the hearing on the remaining five patents.

 

Copyright Litigation

  • BISYS Communication v. NatWest Bank, NA (W.D. Pa.): Lead counsel for NatWest in copyright infringement action relating to telephony scripts. Settled after NatWest defeated motion for preliminary injunction.

 

Counsel For Amicus Curiae

  • Lighting Ballast Control v. Philips Electronics, (Fed. Cir. 2013): Co-authored Amicus brief on behalf of the American Intellectual Property Law Association.

 

Publication

  • Author, “Practical Strategies For Effectively Managing Complex Patent Litigation in the International Trade Commission,” Mealey’s Litigation Report, Intellectual Property (November 4, 2002).