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.), Litigation – Intellectual Property, 2014-2021, 2023
- Lawdragon 500 Leading Litigators in America, 2022
- 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
- Author, “Don’t Use My Trademarks in Your NFTs! The Hermes v. Rothschild Verdict,” The Federalist Society (April 2023)
- Guest, “Navigating Potential COVID Relief and Healthcare Fraud Issues,” Jackson Walker Fast Takes Podcast (August 2021)
- 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
- “Texas Courts ‘Flooded with Patent Cases’ in 2021,” The Texas Lawbook (March 2022)
- “Fed. Circ. Eases Serving Of Patent Suits On Foreign Cos.,” Law360 (September 2021)
- “The Changing Face of Fraud During the Pandemic,” D Magazine (September 2021)
- “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
June 5, 2023Insights
Alabama Baseball, Iowa Football, and Things Everyone Should Know About Sports Gambling
By Arthur Gollwitzer
Over the past five years, online sports wagering has become commonplace in the United States. DraftKings, FanDuel, and BetMGM have become household names. This is the result of the United States Supreme Court’s decision in Murphy v. NCAA, in which the Court struck down a federal law prohibiting sports wagering. Since that time, 33 states have legalized sports gambling in some form. As a result, online sports books have expanded access to wagering across the nation, making a sports bet as easy as downloading an app on your phone.
May 3, 2023Newsletters
JW Media | VIA ePostcard – May 2023
View the May 2023 edition of the JW Media | VIA ePostcard.
April 17, 2023Insights
Don’t Use My Trademarks in Your NFTs! The Hermes v. Rothschild Verdict | The Federalist Society
By Arthur Gollwitzer | On February 8, 2023, a jury in the Southern District of New York returned a verdict in favor of Hermes, finding NFTs linked to digital images depicting Hermes’ famous “Birkin” handbags infringe Hermes’ trademark rights. This appears to be the first trial focused on the interplay between NFTs—or non-fungible tokens—and trademark law.
October 7, 2022Attorney News
Jackson Walker Congratulates 36 Attorneys Named Among the Lawdragon 500 Leading Litigators in America
Jackson Walker announces the selection of 36 attorneys to Lawdragon’s inaugural list of the 500 leading litigators in America.
August 18, 2022Attorney News
‘The Best Lawyers in America’ Honors 214 Jackson Walker Attorneys in 2023 Edition, Including 11 “Lawyers of the Year” and 41 “Ones to Watch”
The Best Lawyers in America has recognized 214 Jackson Walker attorneys across 6 offices and 79 specialty practice areas in its 2023 edition, including 11 Lawyers of the Year and 41 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.
July 28, 2022Mentions
Patent Lawyers: WDTX Waco Order Unfair, Misguided and Hypocritical | The Texas Lawbook
In a Texas Lawbook article discussing an order to “equitably distribute” all future patent cases filed in the Waco Division, Jackson Walker partner Arthur Gollwitzer shared insight as a former federal prosecutor and a current patent litigation attorney.
“Patent owners chose the Waco Division because Judge Albright embraces patent cases, capably manages his docket, has a long history of working in patent law and his standing orders and procedures provided a great deal of predictability for both plaintiffs and defendants,” Art noted.
July 8, 2022Insights
U.S. Supreme Court Again to Address DOJ’s Prosecution of ‘Honest Services Fraud’
By Arthur Gollwitzer
Can a private citizen who holds no elected office or government position owe a fiduciary duty to the general public such that he can be convicted of honest services fraud? On June 30, 2022, the Supreme Court granted certiorari in Percoco v. United States to answer that question.
March 23, 2022Mentions
Arthur Gollwitzer Discusses Current State of Litigation in the Nation’s Busiest Court for Patent Cases
As the Western District of Texas maintains a steady docket for patent infringement lawsuits, Arthur Gollwitzer spoke with The Texas Lawbook about the federal court’s popularity.
September 24, 2021Mentions
Arthur Gollwitzer Discusses Federal Circuit Decision in Patent Suit Involving Foreign Company
Following a decision by the Federal Circuit Court of Appeals to deny a mandamus petition by Chinese smartphone manufacturer OnePlus Technology, Law360 spoke with Jackson Walker partner Arthur Gollwitzer about the case.
September 8, 2021Mentions
The Changing Face of Fraud During the Pandemic | D Magazine
“The intersection between COVID-19 relief funds and health care fraud is one of their highest priorities,” Jackson Walker partner Arthur Gollwitzer told D Magazine as the Department of Justice sets out to investigate COVID-19 related fraud.