Andrea L. Gothing

650.784.4011

Experience

Andrea Gothing is a Partner in the Intellectual Property Litigation Department. She is an instructor in the firm's Exceptional Advocate Training Program and has served on the firm's hiring committee. She has been recognized for her professional accomplishments and leadership, being named an "Up and Coming Attorney" by Minnesota Lawyer. She is a member of the National Honor Society of Engineers and the National Honor Society of Electrical Engineers. 

Ms. Gothing is registered to practice in the U.S. Patent & Trademark Office. In the courtroom, she has represented clients both as plaintiffs and as defendants, in many varying technological fields, including semiconductors, signal processing, nuclear magnetic resonance, medical devices, Internet technology, telephony, entertainment set-top boxes, shape-memory devices, artificial intelligence, database technology and optical storage devices. Ms. Gothing has significant experience running large multi-patent cases, with all of the complexity they can involve, including developing high-level case themes and nuanced details of claim construction, infringement, validity, and damages.  

Ms. Gothing is adept at learning complex technologies and she draws on her extensive experience as a graduate-level teaching assistant in Electrical Engineering to explain technologies to both clients and courts. She has significant experience developing claim-construction positions as well as arguing those positions in federal court. 

In addition to her intellectual property practice, Ms. Gothing is committed to the firm's pro bono efforts, focusing on juvenile protection and criminal defense. 

Ms. Gothing earned her J.D., magna cum laude, from the University of Minnesota, where she was Note and Comment Editor for the Journal of Global Trade

Ms. Gothing has a Bachelor’s Degree in Electrical Engineering from Worcester Polytechnic Institute with high distinction, the highest honor bestowed. For her senior project, Ms. Gothing designed and implemented a light-seeking robot.

Ms. Gothing continued her studies at the Institute of Technology at the University of Minnesota, where she earned a Master's in Electrical Engineering. Her thesis, titled "Image Reconstruction for Positron Emission Tomography," was in the areas of digital-signal processing and image reconstruction. Ms. Gothing also worked as a research assistant in the Department of Biomedical Engineering, where she designed and built a micro NMR coil on a wafer. 

Before law school, Ms. Gothing was an engineer at Motorola in its semiconductor product sector in Austin, Texas.

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Grellner v. Raabe et al. (E.D. Wash.): Defense counsel for Covidien in matter alleging breach of partnership, breach of contract and theft of trade secrets. Case settled on the eve of trial.

OpenTV v. Verizon. (E.D. Tex.): Lead counsel for patent holders OpenTV and Nagra France (members of the Kudelski Group) in case alleging infringement of seven patents related to streaming technology. Case settled under confidential terms.

TiVo v. Verizon (E.D. Texas): Represented TiVo in a suit against Verizon alleging Verizon's FiOS service and products infringed three TiVo patents. Verizon counterclaimed with six patents related to various set-top box features. Ms. Gothing’s role spanned the entire case from the liability, validity and damages cases for the TiVo-asserted patents to the non-infringement and invalidity cases for the Verizon-asserted patents. She briefed TiVo's claim-construction positions for the nine patents at issue. She also argued on behalf of TiVo at the claim-construction hearing. Verizon dismissed all but one of its counterclaim patents. The case settled before trial with Verizon agreeing to pay TiVo at least $250.4 million. 

Medtronic v. Edwards Lifesciences Corp. Represented Medtronic in suit alleging Edwards infringed 4 Medtronic patents related to replacement heart valves (aortic and mitral) and pseudoelastic devices for manipulating matter within the human body. Edwards counterclaimed with 3 patents related to annuloplasty rings and holders for tricuspid valve repair. Case settled before trial as part of a global settlement of multiple actions.

Reshare Commerce, LLC v. State Farm Mutual Automobile Insurance Company et al.: Lead counsel for the American Automobile Association. Obtained a stipulation for dismissal on behalf of client.

Imation Corp. v. Koninklijke Philips Elec. N.V (D. Minn.): Represented Imation in a patent infringement and contract matter where Philips alleged infringement of eight patents related to CD storage technology. Ms. Gothing briefed and argued claim construction. While awaiting a claim construction ruling, the district court entered judgment against Imation pursuant to Rule 54(b), holding that Imation was not licensed under a cross-license agreement. The Federal Circuit reversed and ordered judgment for Imation on the question of whether certain entities formed or acquired later qualify as "subsidiaries" that could benefit from Imation's patent license with Philips. The case settled shortly thereafter. 

State v. Reginald Hill (D. Ct. Minn.): Represented defendant charged with aiding and abetting first-degree aggravated robbery. Under the Minnesota Sentencing Guidelines, defendant risked over six years in prison. On the day of trial, Ms. Gothing oversaw a plea negotiation that resulted in a plea to an offense seven severity levels lower than the original charge. Sentence included no addition jail time and three years of probation. 

State v. Thomas Scott (D. Ct. Minn.): Represented defendant in a complex criminal matter involving thirteen felony counts of theft by swindle and racketeering. The client risked twenty years of incarceration under Minnesota statutes. Ms. Gothing helped plea negotiate a resolution that entailed client to serve less than two years in prison. 

In the Matter of the Welfare of the Child(ren) of: T.L.C., Parent: Lead trial counsel in a team of four attorneys representing a Guardian ad Litem and Petitioner in complex termination of parental rights case involving multiple children and parties. Contrary to the County's position, the district court found that termination was warranted, stating "this Court has failed [the child] and will seek to make corrections. . . . Far too much time has passed during these critical months . . . and far too many mistakes have been made." Case was affirmed on appeal by the Minnesota Court of Appeals. 

Internet Media Corporation v. Dell, Inc., et al. (D. Del.): Represented internet technology company in patent-infringement case against multiple defendants involving technology for accessing particular internet locations. Case settled under confidential terms. 

NEBL, Inc. et al.  v. American Medical Systems, Inc. (D. Mass.): Represented medical device company in theft of trade secret case. Case settled under confidential terms. 

Carlson Marketing Group, Inc. et al. v. SME Associates, et al., (D. Ct. Minn.): Represented Carlson in an action against SME and its principals for theft of trade secrets relating to Carlson's Olympic hospitality business.  Obtained a temporary injunction and subsequent settlement including a permanent injunction.

  • Named a “North Star Lawyer” by the Minnesota State Bar Association for providing at least 50 hours of pro bono legal services (2016)
  • Named an "Up and Coming Attorney" by Minnesota Lawyer (2011)
  • The National Honor Society of Electrical Engineers (Eta Kappa Nu)
  • The Engineering Honor Society (Tau Beta Pi)
Bar Admissions
  • California
  • Minnesota
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Minnesota
  • U.S. District Court, Southern District of California
  • U.S. Patent and Trademark Office
Education
  • University of Minnesota Law School, J.D., magna cum laude (2002); Minnesota Journal of Global Trade, Staff Member (2000-2002), Note and Comment Editor (2001-2002)
  • University of Minnesota, M.S., Electrical Engineering; Thesis: Image Reconstruction for Position Emission Technology
  • Worcester Polytechnic Institute, B.S., Electrical Engineering, with high distinction
Professional Associations
  • Leadership Council on Legal Diversity, Fellow (2015)
  • Federal Bar Association
  • American Bar Association
  • American Intellectual Property Law Association

  • Fitting the Pieces Together: Holistic IP Strategy Integrating Trade Secrets, Copyrights, and More
    Panel Moderator, Midwest IP Institute (September 27, 2019)
  • Trade Secrets Positioning and Damages
    Bay Area In House Med-Tech Association, Mountain View, California (February 27, 2019)
  • Patent Litigation Going Going Gone
    Panelist, Licensing Executives Society, Palo Alto, California (April 26, 2017)
  • Litigation Tactics for Patent Holders
    Practising Law Institute, San Francisco, California (September 27, 2016)
  • Women, Entrepreneurship and IP Monetization: Success Through Hard-Earned Insight
    Licensing Executives Society, Palo Alto, California (January 20, 2016)
  • Women Entrepreneurship and IP Monetization Success Through Hard Earned Insight
    Panelist, American Conference Institute, San Francisco, California (May 15, 2015)
  • Balancing on the Tightrope of Todays Legal Profession
    Webinar, Minneapolis, Minnesota (February 17, 2015)
  • An Argument for Civility
    WestLegal Ed, Webcast (June 21, 2011)
September 26-27, 2019
2019 Midwest IP Institute
Minneapolis, MN
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