Arthur Gollwitzer III

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1 CONTACT INFORMATION T T F F vcard Austin Hill Country Boulevard, Suite R-275 Austin, Texas Chicago Two Prudential Plaza, 180 North Stetson Avenue Suite 2000 Chicago, Illinois LEGAL ASSISTANT Patricia Guevara T x32129 RELATED LEGAL SERVICES Litigation Intellectual Property Litigation Government Investigations, Compliance and White Collar Criminal Defense Banking and Financial Services Arthur Gollwitzer III MAIN BIO EXPERIENCE SPEECHES PUBLICATIONS NEWS EVENTS Arthur Gollwitzer is a partner in the firm s Litigation Practice Group. Mr. Gollwitzer combines trial and appellate experience gained as a federal prosecutor in the Southern District of New York with more than 21 years of handling patent, copyright, trademark, and trade secrets litigation. Mr. Gollwitzer also has experience in a wide range of litigation outside of intellectual property and criminal law, including employment, partnership and breach of fiduciary duty, and breach of contract litigation. Prior Work Experience Prior to joining Michael Best, Mr. Gollwitzer served as an Assistant United States Attorney in the Southern District of New York, where he was the lead prosecutor in criminal trials, including federal intellectual property crimes, and argued federal criminal appeals. Professional Activities Chairman, National Outreach Committee, and Member, Preservation and Early Assessment Committee, Seventh Circuit Electronic Discovery Pilot Program Chairman, Seventh Circuit Bar Association s Intellectual Property Committee Member, Executive Committee of the Federalist Society s Intellectual Property Practice Group Vice-Chair, American Bar Association, Intellectual Property Section, Ethics Committee Member, Austin Intellectual Property Inn of Court Member, Austin Intellectual Property Lawyer s Association Honors and Recognitions In 2009, Mr. Gollwitzer was recognized as an Illinois Rising Star by Super Lawyers Magazine in the area of Intellectual Property Litigation. In 2010 and 2015, that same publication recognized him on the Illinois Super Lawyer list. Mr. Gollwitzer is also listed as one of The Best Lawyers in America, published by Woodward/White, Inc. in the area of Intellectual Propery Litigation for 2014 and In 2007, Chicago s Law Bulletin Publishing Company named Mr. Gollwitzer one of its "40 Illinois Attorneys Under 40 Years Old to Watch." In 2005, he received a service award from the U.S. Department of Housing and Urban Development, Office of the Inspector General. In that same year, Mr. Gollwitzer received a service award from the New York City Police Department. Experience Intellectual Property Litigation Defended manufacturer of light fixtures in design and utility patent suits Defended major telecommunications provider in various patent suits Protected patent rights of DRAM inventor in suits against major videogame makers, including obtaining a Writ of Mandamus from the United States Court of Appeals for the Federal Circuit. See in re Shared Memory Graphics LLC, 659 F.3d 1336 (Fed. Cir. 2011) Defended patent rights of color half-toning inventor in suit against major printing company Defended major retailer in patent and copyright suits. Obtained prompt dismissals of a pair of patent suits against a prominent university Defended telecommunications supplier in patent and trade secret action. Protected trademark rights of well-known restaurant chain. Defended a major financial institution in patent litigation relating to MICHAEL BEST ATTORNEYS NAMED THE BEST LAWYERS IN AMERICA 2015 Michael Best & Friedrich LLP is proud to announce that 82 attorneys have been selected for inclusion in The Best Lawyers in America 2015 in over 50 different areas of legal practice nationwide. Read More EDUCATION University of Wisconsin Law School, Juris Doctor (J.D.), cum laude, 1994 University of Notre Dame, Bachelor of Arts (B.A.), magna cum laude, 1991 BAR ADMISSIONS Illinois, 1994 Wisconsin, 1994 New York, 2005 Texas, 2010 COURT ADMISSIONS U.S. Court of Appeals, Federal Circuit, 2000 U.S. Court of Appeals, Second Circuit, 2005 U.S. Court of Appeals, Fifth Circuit, 2013 U.S. Court of Appeals, Seventh Circuit, 2003 U.S. District Court, Northern District of Illinois, 1995 U.S. District Court, Central District of Illinois, 2003 U.S. District Court, Western District of Wisconsin, 1994 U.S. District Court, Eastern District of Wisconsin, 2000 U.S. District Court, Northern District of Indiana, 2006 U.S. District Court, Southern District of New York, 2007 U.S. District Court, Western District of Texas, 2010 U.S. District Court, Eastern District of Texas, 2010 U.S. District Court, Northern District of Texas, 2011 U.S. District Court, Southern District of Texas, 2011

2 Internet-based account applications. Defended a major automobile manufacturer in trade dress litigation against a competitor arising out of the design of a new sport utility vehicle. See General Motors, Inc. v. DaimlerChrysler Corp., 246 F. Supp. 2d 1030 (N.D. Ind. 2003). Defended a medical device manufacturer in a Markman hearing and two-week patent infringement jury trial. Defended a major kitchen cabinet manufacturer in a two-week design patent infringement jury trial. Defended a software company against a request for a preliminary injunction based on allegations of copyright infringement and theft of trade secrets. Represented a major manufacturer of video poker equipment in a patent infringement suit, resulting in an award of significant damages for our client. Represented a major factory supply company in its suit against a competitor who attempted to confuse customers by using our client s internet domain name. Our efforts resulted in one of the first published opinions establishing personal jurisdiction in cyber-pirate cases. See McMaster-Carr Supply Co. v. Supply Depot, Inc., 1999 WL (N.D. Ill. 1999). Represented a major music licensing company in several copyright infringement actions versus unlicensed performers of copyrighted musical works. Represented a popular toy manufacturer in several trademark and trade dress infringement matters, including the aggressive pursuit of sellers of counterfeit toys. Represented several clients in breach of contract disputes with computer software developers. General Litigation Represented client in hearing conducted by the House of Government Oversight Committee. Represented a defendant in an anti-trust jury trial in which the plaintiff was seeking approximately $750 million in damages. We obtained a complete defense verdict which was hailed as a National Law Journal 1995 verdict of the year. See Nestle Food Co. v. American Academy of Pediatrics, et al., 105 F.3d 665 (9th Cir. 1997). Represented a shipbuilder in a multi-million dollar dispute with a shipyard arising out of the construction of a cutting-edge high speed passenger vessel. Represented employers before the EEOC and in federal courts in several age and gender discrimination matters. Represented employers in several covenant-not-to-compete, breach of duty of confidentiality, and breach of employment agreement matters. Criminal Litigation Conducted internal investigations, including investigation of alleged violations of the Computer Fraud and Abuse Act. Represented the United States in appeals before the United States Court of Appeals for the Second Circuit, including multiple oral arguments. See e.g. United States v. Mejia 461 F3d 168 (2d.Cir. 2006) (holding that fast-track programs for resolving illegal entry cases do not create unwarranted sentencing descriptions); United States v. Morales, 151 Fed. App. 82 (2d Cir. 2005); United States v. Dent, 133 Fed. App. 784 (2d Cir. 2005); United States v. Perez, 131 Fed. App. 333 (2d Cir. 2005); United States v. Nosov, 119 Fed. App. 311 (2d Cir. 2004). Represented the United States before the Grand Jury and federal district courts in the Southern District of New York in more than one hundred criminal matters, including wire and bank fraud, government program fraud, Hobbs Act robberies, narcotics trafficking, alien smuggling, immigration crimes, and firearms crimes. Represented a defendant pro bono in an appeal of his conviction before the United States Court of Appeals for the Seventh Circuit, resulting in a written commendation from the Court of Mr. Gollwitzer s advocacy on behalf of the defendant. See United States v. Lawton, 366 F.3d 550 (7th Cir. 2004). Represented a defendant pro bono in response to an indictment

3 alleging first-degree murder. Represented a defendant in response to highly-publicized indictment alleging smuggling firearms to Mexico. Speeches The Supreme Court s Recent Patent Law Decisions: The Year in Review Seminar, 2014 Patent Reform in Congress and the Courts Federalist Society Austin Lawyers Chapter 2014 Patent Reform Developments in the Congress and Courts Watching the Sausage Being Made 2014 Patent Webinar Series, Webinar Patent Reform Patent Reform - Watching the Sausage Being Made Austin Intellectual Property Lawyers Association Don t Tweet My Trademark Austin, Texas Seminar, E-discovery: Limiting Costs of Maintaining & Searching Records 2012 Litigation Seminar: Limiting Litigation Costs Markman, Summary Judgment, and De Novo Review Seventh Circuit Electronic Discovery Principles ESI Bytes Just a Minor Fix in Patent Reform? Qui Tam Actions and the False Marking Statute Federalist Society Efficient Patent Litigation The Implications of National Healthcare Legislation for the Intellectual Property Community Federalist Society Three Felonies a Day Panel Discussion of Federalists of Criminal Law May 5, 2015 September 18, 2014 August 20, April 22, November 13, November 17, 2009

4 Merck v. Integra - How Safe is the Harbor, a discussion of the Hatch-Waxman Act s Section 271(e)(1) safe harbor Design Patents and the Implications of Egyptian Goddess v. Swisa Milwaukee Bar Association Patent Litigation and Local Rules Electronic Discovery Capitol University Law School Effective Summary Judgment Practice in Federal Court Michael Best & Friedrich Presentation Ethics in ediscovery Michael Best & Friedrich Risk Management Seminar Foreign Corrupt Practices Act: Are You Addressing It Michael Best & Friedrich Presentation Patent Damages: Economic and Exemplary Corporate Intellectual Property Law Conference Other People s Property, a Discussion of Copyright Law and Advertising Ad-Law Seminar Analysis of the Anti-Cybersquatting Consumer Protection Act Technology Law Group Seminar Design Patents and Trade Dress Loyola University Law School Overview of Intellectual Property Rights Technology Law Group Seminar August 11, 2009 February 17, December 2008 November 12, 2008 October 2, June 23, 2003 April 20, 2000 Fall 1999 October 1998 Publications Innovation Act Update United States v. Tsarnaev: Thoughts from a former federal prosecutor Westlaw Journal Computer & Internet Local Patent Rules - Certainty and Efficiency or a Crazy Quilt of Substantive Law? Engage March 9, 2015 November 12, 2014 May 17, 2012 False Marking Law after Stauffer V. September 17, 2010

5 Brooks Brothers Law360 Impediments to Innovation: Implications of National Health Care Legislation for the Intellectual Property Community Engage New Local Patent Rules in the Northern District of Illinois BNA's Patent, Trademark & Copyright Journal Pleading Inequitable Conduct: Be Particular About the Who, What, Where, Why, and How Intellectual Property Today Pleading Inequitable Conduct: Be Particular About the Who, What, Where, Why, and How Exergen Corp. v. Wal-Mart Stores, Inc., --- F.3d ----, 2009 WL (Fed. Cir. Aug. 4, 2009) Client Alert Has the Federal Circuit Strengthened Design Patent Protection? The Intellectual Property Strategist August 31, 2010 November 6, 2009 November 2009 August 25, 2009 November 2008 News Gollwitzer qoted in "Judge dread and patent law" Ten Michael Best Attorneys Named 2015 Illinois Super Lawyers Press Release Gollwitzer Quoted in "IP Bills Have Momentum In New Congress" Michael Best Attorneys Named The Best Lawyers in America 2015 Press Release Gollwitzer Quoted in James Bond Feature Art Gollwitzer Moderates Panel Discussion on Patent Reform Michael Best Attorneys Named Among The Best Lawyers in America, Press Release Michael Best Welcomes Back Arthur Gollwitzer III Press Release May 11, 2015 January 12, 2015 November 5, 2014 August 19, 2014 June 9, 2014 May 13, 2014 August 16, 2013 August 14, 2012 Events The Supreme Court s Recent Patent Law Decisions: The Year in Review Seminar, May 5, 2015 No Freedom Without Privacy: the ECPA Needs February 4, 2014

6 an Upgrade America's Freedom Foundation - Austin Roundtable Don t Tweet My Trademark Austin, Texas Seminar, 2013