Arthur Gollwitzer combines experience gained as a federal prosecutor with 25 years in private practice to represent clients in patent, copyright, trademark, and trade secret disputes, including jury trials and appeals. In addition to defending and enforcing intellectual property rights, Arthur is highly experienced in investigations and criminal litigation. He has considerable experience helping clients navigate issues involving government regulation, corporate compliance, internal investigations, and False Claims Act suits.
Arthur writes and speaks frequently on patent litigation reform and other intellectual property issues.
Prior to Jackson Walker, Arthur served as the managing partner in the Austin office of an AmLaw 200 national law firm. While previously serving as an Assistant United States Attorney in the Southern District of New York, Arthur was the lead prosecutor in criminal trials, including federal intellectual property crimes.
B.A., magna cum laude, University of Notre Dame
J.D., cum laude, University of Wisconsin Law School
U.S. Courts of Appeals for the Second, Fifth, Seventh, and Federal Circuits
U.S. District Court for the Eastern, Northern, Southern, and Western Districts of Texas
U.S. District Court for the Central and Northern Districts of Illinois
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern and Western Districts of Wisconsin
Intellectual Property Litigation
- Won a patent trial before the Patent Trial and Appeal Board (PTAB) for golf retailers, invalidating patents claiming to cover custom golf club fitting.
- Obtained a Markman ruling favorable to an industrial supply company, blocking a competitor’s use of an innovative new product and leading to favorable settlement.
- Obtained a Markman ruling favorable to a major lighting company on all terms, bringing the case to a quick close.
- Obtained summary judgment for a bank against a patentee claiming that its patents covered online financial account approval systems.
- Defended a medical device manufacturer in a Markman hearing and two-week patent infringement jury trial.
- Defended a kitchen cabinet manufacturer in a two-week design patent infringement jury trial.
- Represented a DRAM inventor in patent infringement suits against video-game makers, including obtaining a writ of mandamus from the Federal Circuit Court of Appeals.
- Obtained a pre-trial dismissal of two patent suits filed by a notorious patent troll.
- Secured a trial victory and permanent injunction in a trademark infringement suit for a financial services firm.
- Defeated effort to enjoin a major hardware retailer’s use of longstanding trademarks in a new market.
- Obtained preliminary injunction barring a competitor’s use of an alcoholic beverage company’s brand name.
- Defended an automobile manufacturer in trade dress litigation against a competitor with a similar design for a sport utility vehicle.
- Defended a toy-maker against a competitor’s trade dress infringement claims.
- Represented a factory supply company in a suit against a competitor that used the client’s internet domain name to confuse customers, leading to one of the first published opinions establishing personal jurisdiction in cyber-pirate cases.
Copyright and Software Cases
- Successfully represented an educational products company in a copyright case against a major textbook publisher accused of copying the client’s original educational products.
- Successfully represented an educational products company in suit to block a big box store’s sale of foreign knock-off products.
- Defended a software company against a preliminary injunction request based on allegations of copyright infringement and theft of trade secrets.
- Represented an industrial supply company in a suit against a competitor making unauthorized use of proprietary, copyright-protected software.
White Collar Defense & Government Enforcement
- Represented client’s COO in testimony before a U.S. House subcommittee investigating the business practices of the U.S. Postal Service.
- Represented an elected official in response to a grand jury inquiry.
- Conducted internal investigation into alleged violations of the Computer Fraud and Abuse Act.
- Advised a seller of health care products in response to a FDA investigation and lawsuit, allowing the client to continue uninterrupted sales.
- Represented a client in response to False Claims Act investigation initiated by the U.S. Department of Justice and the Inspector General of the U.S. Postal Service, including conducting a thorough internal review and negotiating a favorable resolution.
- Represented software companies in response to allegations of computer source code theft.
- Represented seller of oil field partnerships in response to SEC and federal criminal investigation.
- Represented more than a dozen defendants in a variety of pro bono federal criminal cases, including homicide, fraud, sale of controlled substances, and federal firearms offenses.
- Represented a defendant in a pro bono appeal of his conviction before the United States Court of Appeals for the Seventh Circuit, resulting in a written commendation from the Court of my advocacy. See United States v. Lawton, 366 F.3d 550 (7th 2004).
- The Best Lawyers in America (Woodward/White Inc.), 2014-2021
- Litigation – Intellectual Property
- “Super Lawyer,” Super Lawyers by Thomson Reuters, 2010, 2015-2019
- “Rising Star,” Super Lawyers by Thomson Reuters, 2009
- Service awards recipient, U.S. Department of Housing and Urban Development, Office of the Inspector General, and from the New York City Police Department, 2005
Publications & Speaking Engagements
- Speaker, “Patent Litigation in the Western District of Texas: An Afternoon Discussion with Judge Alan Albright and a New Take on Patent Case Procedures,” The Federalist Society Teleforum (September 2020) – Presented with Hon. Alan D. Albright (Western District of Texas, Waco Division)
- Speaker, “Courthouse Steps Oral Argument Teleforum: United States Patent and Trademark Office v. Booking.com,” The Federalist Society Teleforum (May 2020)
- Author, “Willfulness not a Prerequisite to an Award of a Trademark Defendant’s Profits,” Client Alert (April 2020)
- Speaker, “Varsity Blues, Honest Services Fraud, and Your Company,” Association of Corporate Counsel, Austin Chapter Annual Conference (August 2019)
- Speaker, “Ethics and Internal Investigations,” Association of Corporate Counsel, Austin Chapter Annual Conference (August 2018)
- Speaker, “Ethical Traps for Hin-House Counsel,” Association of Corporate Counsel, Austin Chapter Annual Conference (August 2017)
- Speaker, “Courthouse Steps: Samsung v. Apple: Design Patents at the Supreme Court,” The Federalist Society Teleforum (January 2017)
- Author, “Fix Venue – Fix Patent Litigation, Parts I, II, and III,” The Federalist Society Blog (October 2015, December 2016, and May 2017)
- Author, “ED of Texas Patent Docket Facing Headwinds,” The Federalist Society Blog (March 2016)
- Author, “Texas Patent Law Landscape Is Changing,” Austin-American Statesman (December 2015)
- Author, “A Look Back at the Supreme mCourt’s 2013-14 Term – Is More “Reform” Needed?” Engage (October 2015)
- Author, “The PATENT Act: Be Careful What You Wish For,” White Paper (June 2015)
- Speaker, “The Supreme Court’s Recent Patent Law Decisions: The Year in Review,” Seventh Circuit Bar Association Annual Meeting (May 2015)
- Speaker, “2014 Patent Reform in Congress and the Courts,” The Federalist Society Austin Lawyers Chapter (September 2014)
- Speaker, “Patent Reform,” Seventh Circuit Bar Association Annual Meeting (May 2014)
- Speaker, “Patent Reform – Watching the Sausage Being Made,” Austin Intellectual Property Lawyers’ Association (2014)
- Speaker, “No Freedom without Privacy: the ECPA Needs an Upgrade,” America’s Freedome Foundation (2014)
- Speaker, “Don’t Tweet My Trademark,” CLE Presentation (2013)
- Speaker, “Electronic Discovery: Limiting Costs of Maintaining and Searching Records,” (2012)
- Author, “Local Patent Rules – Certainty and Efficiency or a Crazy Quilt of Substantive Law,” Engage (May 2012)
- Speaker, “Seventh Circuit’s Electronic Discovery Principles,” ESI Bytes (May 2012)
- Speaker, “Markman, Summary Judgment, and De Novo Review,” Seventh Circuit Bar Association Annual Meeting (May 2012)
- Speaker, “Just a Minor Fix or Patent Reform? Qui Tam Actions and the False Marking Statute,” The Federalist Society (2011)
- Author, “False Marking after Stauffer v. Brooks Brothers,” IP Law360 (September 2010)
- Speaker, “Three Felonies a Day, a Panel Discussion of the Federalization of Criminal Law,” The Federalist Society Chicago Lawyers Chapter (2009)
- Author, “New Local Patent Rules in the Northern District of Illinois,” BNA Patent, Trademark, and Copyright Journal (November 2009)
- Speaker, “Design Patents and the Implications of Egyptian Goddess v. Swisa,” Milwaukee Bar Association (2009)
- Author, “Pleading Inequitable Conduct: Be Particular About the Who, What, Where, Why, and How,” Intellectual Property Today (November 2009)
- Speaker, “Patent Litigation and Local Rules,” Seventh Circuit Bar Association Annual Meeting (May 2009)
- Author, “Has the Federal Circuit Strengthened Design Patent Protection?” Intellectual Property Strategist (November 2008)
- Speaker, “The Foreign Corrupt Practices Act: Are you Addressing It?” CLE Presentation (2008)
- Speaker, “Patent Damages: Economic and Exemplary,” Corporate Intellectual Property Law Conference (2008)
- Speaker, “Other People’s Property: a Discussion of Copyright Law and Advertising,” Ad Law Seminar (2003)
- Speaker, “Analysis of the Anti-Cybersquatter Consumer Protection Act,” Technology Law Group Seminar (2000)
In the News
- “TaylorMade fires back hard (and humorously) against PXG in legal filings over iron patents,” Golf Digest (September 2017)
- “Clubfitting industry spared headaches as Cool Clubs, Worldwide Golf win appeals case, have patents invalidated,” Golf Digest (August 2017)
- Austin Intellectual Property Inn of Court
- Austin Intellectual Property Lawyer’s Association
- Seventh Circuit Bar Association’s Committee on Intellectual Property, Chair
- Seventh Circuit Electronic Discovery Pilot Program Committee
- Past Chair, National Outreach Subcommittee
- Member, Preservation and Early Case Assessment Subcommittee