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Henry B. Gutman
Of Counsel

425 Lexington Avenue
New York, NY 10017-3954
Phone:  (212) 455-3180
Fax:  (212) 455-2502
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Hank Gutman is of Counsel at Simpson Thacher & Bartlett LLP where he is the Chair of the Firm’s Intellectual Property Practice Group, concentrating in complex, high-technology litigation.  Since 1985, Mr. Gutman has served as lead counsel for Lotus Development Corporation, Intel, Daiichi Sankyo, Thompson Reuters, Verizon, Cisco, Apple, Qualcomm and other technology clients in a wide variety of major groundbreaking cases including, Lotus v. Borland (which he argued before the United States Supreme Court), Digital Equipment Corporation v. Intel, Trinko v. Verizon and Daiichi v. Mylan

Mr. Gutman is a Fellow of the American College of Trial Lawyers, where he serves as Chair of the Complex Litigation Committee and was a member of the State Committee for Downstate New York.  He is also a member of the Federal Bar Council, the American Bar Association, the Copyright Society of America, the AIPLA, the NYIPLA and the Association of the Bar of the City of New York.  He is a frequent lecturer on intellectual property and technology litigation subjects.

Mr. Gutman served for four years on the Governor’s Judicial Screening Committee for the Second Department, which includes Brooklyn where Mr. Gutman and his family reside and he has long been active in civic affairs.   He is also a Vice-Chair of the New York League of Conservation Voters.

Although he serves on numerous civic and charitable boards, Mr. Gutman has been most deeply involved in the decades-long effort to build Brooklyn Bridge Park, where he serves on the boards of both the Brooklyn Bridge Park Corporation and the Brooklyn Bridge Park Development Corporation, and where he was recently honored for his successful efforts to resolve a dispute concerning the adaptive re-use of two historic buildings.

Mr. Gutman graduated with honors from the University of Pennsylvania and Harvard Law School. He was a law clerk for the Hon. John F. Dooling, Jr. in the U.S. District Court for the Eastern District of New York.  Mr. Gutman is admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeals for the First, Second, Ninth, Eleventh and Federal Circuits and the courts of the State of New York.

Honors/Associations
•  Fellow, American College of Trial Lawyers
Publications
Anatomy of a Patent Case, Second Edition
New Wine in Old Bottles: Arthur Miller and Copyright Law
The Leahy-Smith America Invents Act
In re Seagate: A New Standard for Willful Patent Infringement
eBay: The Final Word?
The Changing Landscape of Patent Remedies after eBay
KSR v. Teleflex: A New Flexible Regime for Obviousness
Microsoft v. AT&T: Limiting the Extraterritorial Reach of U.S. Patent Law
The Supreme Court Rejects Automatic Permanent Injunctions in Patent Cases in eBay v. MercExchange
In Phillips v. AWH, the En Banc Federal Circuit Refocuses Claim Construction on a Patent's Intrinsic Evidence
Speaking Engagements
•  Henry Gutman Spoke at 20th Annual Fordham Intellectual Property Law and Policy Conference
April 17, 2012
Admissions
•  New York 1977
•  U.S. District Court, Eastern District of New York 1977
•  U.S. District Court, Southern District of New York 1977
•  U.S. District Court, Northern District of New York 1981
•  U.S. Tax Court 1981
•  U.S. Court of Appeals, Ninth Circuit 1978
•  U.S. Court of Appeals, Second Circuit 1984
•  U.S. Court of Appeals, Eleventh Circuit 1984
•  U.S. Court of Appeals, First Circuit 1989
•  U.S. Court of Appeals, Federal Circuit 1995
•  U.S. Supreme Court 1994
Clerkships
•  Hon. John F. Dooling, Jr., E.D.N.Y.
Education
•  Harvard Law School, 1975 J.D.
cum laude
•  University of Pennsylvania, 1972 A.B.
with Distinction in Major; cum laude



•  Intellectual Property
•  IP Litigation
•  Litigation
 
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