Philip R. Bautista

Phil is a partner in Taft’s Intellectual Property and Litigation Practice groups and is a member of the firm’s Executive Committee. Phil is a trial lawyer who has extensive first-chair litigation and trial experience. Having a background in science, Phil has litigated numerous cases throughout the United States involving trademarks, patents, copyrights and trade secrets. Phil also has extensive experience in litigation involving technology and trade secrets matters, as well as product liability, engineering, and construction matters.

Phil is a member of the Taft team that has been repeatedly named a Tier 1 firm in Cleveland for Litigation – Intellectual Property by Best Lawyers® “Best Law Firms.” He has been listed as an Ohio Super Lawyer since 2014 for Intellectual Property Litigation Law. Phil is recognized in Best Lawyers in America and Chambers USA for Intellectual Property Law and Insurance Law, and is one of the 1000 top trademark professionals worldwide, as recognized by the World Trademark Review.

In the past several years, Phil has represented clients in over 70 intellectual property-related lawsuits and proceedings in district and state courts and before the USPTO. Phil has also managed and monitored numerous other litigations in the European Union, Asia, South America, and Australia for clients.

In addition to his intellectual property and technology focus, Phil also has extensive experience in matters involving insurance. He has litigated on behalf of both insureds and insurers in matters involving general liability, commercial auto, directors and officers, employment practices, errors and omissions, and specialty lines of insurance. He also has extensive experience with coverage issues.

Phil has represented or is currently representing:

• A grey market importer in an antitrust, trademark infringement, and counterfeiting dispute venued in multiple United States District Courts.
• Lead counsel for a multinational computer technology company in trademark enforcement proceedings, in the United States and worldwide.
• A national manufacturer of construction products in a lawsuit involving trademark infringement, unfair competition, and antitrust claims, and related state law claims.
• A global retailer of LED products in lawsuits to assert design patent, trademark, copyright, and deceptive trade practices claims against parties selling infringing products through online retailers.
• A retailer of LED products in a patent infringement lawsuit filed by a multinational manufacturer.
• A global distribution and packaging business and its officers in a Federal Court lawsuit involving unfair trade practices in connection with the termination of a patent license.
• A global manufacturer of athletic products and apparel in a Federal Court lawsuit involving trademark and licensing claims.
• Numerous companies in the food and beverage, apparel, safety, and financial industries in opposition and cancellation proceedings before the Trademark Trial and Appeal Board.
• A global manufacturer of a diverse baking and kitchen product lines apparel in a Federal Court lawsuit in numerous opposition and cancelation proceedings before the United States Patent and Trademark Office Trademark Board.
• A global manufacturer of firearm accessory products in Federal Court lawsuit involving trademark infringement and counterfeiting claims.
• Software developers in a lawsuit involving the purported infringement of a copyright over computer software.
• A global manufacturer of apparel in appeal before the United States Court of Appeals for the Federal Circuit involving trademark matters.
• Software development companies in involving patent infringement claims filed by non-practicing entities.

Speeches

• Featured Speaker, “Survey Says? Using Apportionment Surveys in Defence of a Trade Mark Infringement,” Chambers Expert Focus Podcast, Aug. 15, 2024.
• Moderator, National Filipino American Lawyers Association (NFALA) Panel Discussion, Feb. 13, 2024.
• Presenter, “Trademark Modernization Act,” Taft Webinar, Sept. 21, 2021.

Publications

• Uniloc v. Hulu: A Full Blown Examination of Proposed Amendments to Claims in an IPR, Taft Law Bulletin, Aug. 11, 2020.
• A Blow (Rightfully) to Creative Lawyering – PTAB Denies St. Regis Mohawk Tribe’s Motion to Terminate IPRs Based on Tribal Immunity, Taft Law Bulletin, March 8, 2018.
• TC Heartland LLC v. Kraft Foods Group Brands LLC Changed the Law on Where Patent Lawsuits May Be Properly Venued and Filed – But Questions Linger as to Whether Corporate Defendants Can Now Successfully Challenge Venue Based Upon This New Law, Taft Law Bulletin, Nov. 17, 2017.
• Supreme Court Limits Patent Owners’ Post-Sale Power Through Ruling on Exhaustion Doctrine in Impression Products, Inc. v. Lexmark International, Inc., Taft Law Bulletin, June 1, 2017.
• Supreme Court Limits Venue for Patent Suits in TC Heartland v. Kraft, Taft Law Bulletin, May 23, 2017.
• Federal Circuit Clarifies Scope of the AIA’s “On-Sale Bar” Rule, Taft Law Bulletin, May 3, 2017.
• U.S. Supreme Court Eliminates Laches as a Defense in Patent Infringement Suits, Taft Law Bulletin, March 24, 2017.
• Federal Trade Secrets Act Signed into Law, Taft Law Bulletin, May 12, 2016.