Robert Auchter is a principal in McKool Smith’s Washington, D.C. office. Robert is a registered patent lawyer with more than 20 years of experience in patent litigation who has also represented clients in commercial real estate, copyright, trademark, trade secret, and other commercial litigation in district courts and the International Trade Commission (ITC) and provided extensive counseling on European patent matters. Representative clients include numerous international and domestic public and private companies such as BMC, Clark Construction, Medtronic, and Wi-LAN Inc.
Robert’s work in federal and state courts and the ITC encompasses patent litigation involving aerospace technology, medical devices, instruments and procedures, software, networking, telecommunications, polymer technology, and semiconductor processing, as well as trade secret misappropriation, trademark and copyright infringement, and DMCA litigation, and successfully obtaining injunctive relief over international defendants. Additionally, Robert’s experience arguing at the federal circuit and representing both petitioners and patent owners as lead counsel in IPR proceedings before the Patent Trial and Appeal Board ensures knowledgeable representation in almost any forum for intellectual property litigation.
Robert’s background as a software engineer with experience in object-oriented design and programming, and as an electrical engineer providing network and test engineering, has provided him with the technical expertise necessary to succeed in scientifically complex litigation.
Robert has extensive knowledge in all areas of intellectual property and commercial litigation, leading many cases to a successful outcome. A representative sampling of those cases, as well as cases he has handled since joining McKool Smith, includes:
- Certification Trendz. Lead counsel for the global leader in internet distribution of certification test preparation materials in numerous copyright and trademark litigation matters involving American, Chinese, and Russian parties, many of which resulted in injunctions ending continuing infringement of intellectual property rights.
- Connell, et al v. KLN Steel Prod Co, et al. Represents Clark Construction Group in patent and trade secret litigation in district courts and the United States Court of Federal Claims.
- District of Columbia. Represented the District of Columbia in litigation challenging the development of 5 city blocks of downtown DC encompassing CityCenterDC and the Walter E. Washington Convention Center.
- Medtronic Inc. Represented Medtronic Inc. in several patent litigation matters involving spinal surgery devices, instruments, and procedures and cardiac pacemakers.
- Tulip Computers. Successfully represented Tulip Computers in patent litigation relating to novel computer architecture in the United States and Europe.
- ChriMar Systems Inc. et al v. Cisco Systems Inc. et al. Represented a pioneer in the development of Power over Ethernet networking technology asserting its patents at the ITC and in district courts.
- NFC Technology, LLC v. HTC America, Inc. et al. Successfully represented patentees with important Near Field Communications patents in patent litigation around the world, including at the Patent Trial and Appeal Board and the Court of Appeals for the Federal Circuit.
- BMC Software v. Cherwell Software. Represent the leader in IT Service Management in 7 patent litigation in district courts and the PTAB.
- Transportation Technologies, LLC v. Los Angeles County Metropolitan Transportation Authority. Successfully representing Metro in patent litigation relating to the ExpressLane tolls in district court, the PTAB and the Federal Circuit.
Rankings & Honors
- Named a Super Lawyer in Washington, D.C. (2014-2019)
- Named "IP Star" by Managing IP (2013-2018)
- Tau Beta Pi
- Eta Kappa Nu
Community & Professional Activities
- Member, the Bencher Editorial Board
- International Trade Commission Trial Lawyers Association
- Giles S. Rich American Inn of Court
- Institute of Electrical and Electronics Engineers
- Association of Computing Machinery
- Member, Law360 Intellectual Property Editorial Advisory Board
Media & Events
J.D., High Honors, George Washington University Law School
B.S., cum laude, Electrical Engineering, George Washington University
- District of Columbia
- The U.S. District Court for the District of Colorado
- The U.S. District Court for the Southern District of Indiana
- The U.S. Court of Appeals for the Second, Ninth, and Federal Circuits
- The U.S. Court of Federal Claims
- The U.S. Patent and Trademark Office
- American Intellectual Property Law Association