Goutam Patnaik

Partner, Bingham

Goutam Patnaik has civil litigation experience in intellectual property and commercial matters, including patent, trademark and copyright disputes. He has extensive experience with Section 337 investigations at the International Trade Commission. His transactional experience includes negotiating and drafting licensing agreements for the development, use and maintenance of software applications in the insurance and banking industries, as well as for biotechnology material transfer and licensing.

Representative Matters
International Trade Commission

• Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof, Inv. No. 337-TA-604 — Representing six different respondents, including two manufacturers in China, in a case brought by Tate & Lyle alleging infringement of process patents relating to the production of sucralose and certain intermediate compounds; in September 2008, the ALJ issued an initial determination finding no violation by our clients based on non-infringement and other grounds; on April 4, 2009, after a full review of the decision, the Commission upheld the ALJ’s findings there was no violation of Section 337, resulting in a complete victory for our clients


• Wireless Conference Calling Devices, Components Thereof, and Devices Containing Same — Represented GN Netcom A/S, a Danish company, and its U.S. subsidiary named as respondents in a case alleging infringement of patent relating to wireless conference calling devices; after initial discovery, we submitted a draft motion for sanctions against the complainant, alleging the existence of material misrepresentations in the complaint; a week later, the complainant withdrew its complaint and agreed to termination of the ITC investigation


• Certain NOR and NAND Flash Memory Devices and Products Containing Same, Inv. No. 337-TA-560 — Representing SanDisk Corporation in patent infringement action against ST Microelectronics involving the assertion of patents directed to certain NOR and NAND flash memory chips


• Personal Computer/Consumer Electronic Convergent Devices, Inv. No. 337-TA-558 — Counsel for respondents CyberLink Corporation of Taiwan and its California subsidiary, CyberLink.com Corporation, in an ITC investigation involving notebook computers; after we successfully stayed the investigation pending reexamination, the complainant withdrew its complaint and the investigation was terminated


• Certain Color Television Receivers and Color Display Monitors, and Components Thereof, Inv. No. 337-TA-534 — Representing various BenQ companies as respondents in patent infringement investigation initiated by Thomson Licensing Inc. relating to LCD technology, color television receivers and color television monitors


• In the Matter of Certain Agricultural Machines and Components Thereof, No. 337-TA-487 — Representing Deere & Co. in International Trade Commission investigation involving Chinese imports and European gray goods infringing Deere’s green and yellow trademarks and trade dress

• Healthways and Robert Bosch North America v. Alere, LLC (Northern District of Illinois) — Representing Alere against claims of infringement of 11 patents covering medical monitoring technology; case pending


• Health Hero Network Inc. v. Alere Medical Inc. (Northern District of Illinois) — Representing Alere Medical against claims of infringement of eight patents covering home health monitoring technology; reexamination requests were filed on patents; case stayed after initial request was granted and notice of cancellation issued by USPTO


• Ingenio Filiale De Loto-Quebec, Inc. v. GameLogic Inc., Case No. 04-1532 (District of Delaware) — Representing GameLogic Inc. in defense of patent infringement claims stemming from interactive online lottery products


• Brucato v. Ezenia! Inc.(Eastern District of Virginia) — Jury trial in the Eastern District of Virginia representing Ezenia! Inc. against breach of contract claims; jury found liability, but awarded only a portion of the damages sought


• Deere & Co. v. MTD Holdings, Inc., No. 00-CV-596 (LMM)(Southern District of New York) — Representing Deere & Co. in matter protecting Deere’s famous green and yellow trade dress


• Agere Systems Corp. v. Proxim, Inc., No. 01 339 RRM (District of Delaware) — Representing defendant in infringement action concerning patents related to wireless technology


• Monsanto Company v. Aventis Cropscience, N.V., No. 4:00CV01915 ERW (Eastern District of Montana) — Representing defendant in patent infringement action regarding plant genetics

• Forest Grove School District v. T.A. (U.S. Supreme Court) — Assisted Supreme Court briefing on behalf of an Oregon child with a disability and his family who sought reimbursement for private special-education services under the Individuals with Disabilities Education Act; U.S. Supreme Court ruled 6-3 (after having divided 4-4 on the same question the previous term) that parents may recover reimbursement in appropriate cases whenever a school district fails to make a free appropriate public education available to the child (Case No. 08-305)

Memberships

• The Indus Entrepreneurs — TiE DC and New York chapters
• American Bar Association
• American Intellectual Property Law Association

• Admitted to practice in New York and the District of Columbia
• U.S. Court of Appeals, Federal Circuit
• U.S. District Court, Eastern District of New York
• U.S. District Court, Southern District of New York
• U.S. District Court, Central District of Illinois
• U.S. Supreme Court

• George Mason University School of Law, Juris Doctor, with honors, 1998
• University of Virginia, McIntire School of Commerce, Bachelor of Science, 1994