Patent litigation attorney
Gary M. Butter
1 tracked appearance — 1 plaintiff · 0 defendant.
Specialty & background
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Gary M. Butter — Patent Litigation Practice Summary
Specialty / focus areas. Mr. Butter's patent practice centers on high-tech and electronics litigation, with an electrical-engineering background (B.S.E.E.) that aligns with the hardware/software subject matter in his tracked matters. His single tracked appearance, American Calcar, Inc. v. American Honda Motor Co., concerned vehicle computer systems—multimedia interfaces, navigation, in-vehicle search, and service-provider notification features—so his demonstrated litigation experience skews toward computer and electronics-based patents rather than pharma or life sciences. A professional bio describes his practice more broadly as "high-tech patent litigation," with additional experience in IP due diligence, counseling, licensing, and patent preparation/prosecution. No Wi-Fi/standards-essential-patent or life-sciences matters are documented in the available record.
Side preference. On the tracked data he appears exclusively on the plaintiff side (1 plaintiff-side appearance, 0 defendant-side), as lead counsel representing the patent owner in the American Calcar assertion. That is a small sample and should not be read as a firm-side preference; his bio emphasizes patent litigation generally rather than a plaintiff-only or defense-only practice.
Firm context. The tracked case lists him at Baker Botts, where he was a partner for more than ten years. A Veterans Consortium board bio states that he subsequently moved in-house as patent counsel in the New York office of Google Inc., and that he has served as an adjunct professor at Brooklyn Law School. (Site for the bio is undated; the transition timing is not confirmed by a second source.)
Notable cases / outcomes. American Calcar, Inc. v. American Honda Motor Co. (S.D. Cal. 06-cv-02433) is his most prominent tracked matter. He argued claim construction for plaintiff American Calcar at the district court and argued the appeal for plaintiff-appellant to the Federal Circuit in 2011 (2009-1503). The case ended unfavorably for his client: the asserted vehicle-system patents (including the '497, '465, and '795 patents) were held unenforceable for inequitable conduct, a finding affirmed in American Calcar, Inc. v. American Honda Motor Co., 768 F.3d 1185 (Fed. Cir. 2014), and the district court granted Honda's motion for exceptional-case attorney's fees under 35 U.S.C. § 285. Note a name discrepancy in the record: the Federal Circuit opinion refers to counsel as "Gary M. Butler," while the district court Markman order and docket list "Gary M. Butter" of Baker Botts for the plaintiff—these appear to be the same individual, likely a transcription variant.
PTAB / IPR experience. No IPR, PGR, or other PTAB appearances by Mr. Butter appear in the tracked data or in the searchable results reviewed; I could not verify regular PTAB practice, so this should be treated as unconfirmed.
Bar / education. B.S.E.E., United States Naval Academy; J.D., New York University School of Law; admitted in New York, New Jersey, and the District of Columbia (per a Veterans Consortium board bio; not independently corroborated).
Firms
Roles
- lead counsel1
Cases (1)
- π plaintiffAmerican Calcar, Inc. v. American Honda Motor Co., Inc. et al.Baker Botts · lead counsel