Fred Whitmer is the Managing Partner of the firm's New York office. He focuses his practice in intellectual property and business litigation. Mr. Whitmer's patent litigation experience has involved a wide array of technologies across many industries, ranging from the simple mechanical to complex computer software and systems patents, to medical devices and chemical products. He has successfully represented both plaintiffs and defendants in patent infringement matters. Mr. Whitmer has tried cases to successful verdict and appeal for nearly three decades in courts around the country in cases before both judges and juries.

Complementing his extensive intellectual property litigation experience, Mr. Whitmer has wide-ranging general litigation experience in several high profile matters, including in antitrust, telecommunications, libel, press rights, privacy issues and trade secrets. He has litigated complex matters on behalf of Fortune 100 clients throughout the country and abroad. Mr. Whitmer has also supplemented his trial experience with a substantial appellate practice, successfully representing both appellants and appellees.

Mr. Whitmer’s article titled “Claim Construction in Patent Cases: A Question of Law?” published in Landslide Vol. 2, No. 6 in July/August 2010 was cited in the dissenting opinion in the recent Phillips en banc decision in the U.S. Court of Appeals for the Federal Circuit.

In 2000, the National Law Journal named Mr. Whitmer one of the top 10 litigators then practicing with firms whose principal offices were New Jersey-based, saying, "Mr. Whitmer has appeared before the Supreme Court of New Jersey four times and won all four cases, including one that helped create the law interpreting the New Jersey Business Corporation Act and another, while representing two large media entities, that established rules for the press in court." He has also been listed for many years in Who's Who in American Law. Mr. Whitmer has been honored as a 2012 Top Rated Lawyer in Commercial Litigation by Martindale-Hubbell in the Litigation Special Report issue of The American Lawyer and Corporate Counsel magazines. Mr. Whitmer was recognized as a New York "Super Lawyer" in 2016 and the five years immediately preceding by Super Lawyers magazine. He was named a 2013, 2014, 2015 and 2016 "IP Star" by Managing Intellectual Property magazine. Mr. Whitmer is AV Preeminent® rated by Martindale-Hubbell.*

*AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Professional & Community Activities

American Bar Association, Member

New Jersey State Bar Association, Member

Education

  • Columbia Law School, J.D.
    Harlan Fiske Stone Scholar
  • Wabash College, B.A.
    with honors, Phi Beta Kappa

Bar Admissions

  • New York
  • New Jersey

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Federal Circuit

Who We Are

The Grace Building, 1114 Avenue of the Americas
New York, NY, 10036-7703
USA
t +1 212.775.8773
f +1 212.775.8821

Frederick L. Whitmer

Experience Highlights

Patent litigation for global industrial company
Represented a global industrial company in a patent case involving a plastic carrier for integrated circuit chips. The firm obtained a defense more
Auto-Kaps LLC v. Clorox Co., No. 2:15-cv-01737 (E.D.N.Y. 2015).
Represent Clorox in a patent infringement claim alleging that the spray bottle in which Clorox sells almost all its liquid cleaning products more
EON Corp. IP Holdings, LLC v. Motorola Mobility LLC
On March 5, 2014, Kilpatrick Townsend was successful on behalf of Motorola Mobility in winning summary judgment against EON Corp. IP Holdings, LLC more
Advanced Video Technologies LLC v. Motorola Mobility Inc.
The firm served as lead counsel in the representation of Motorola Mobility against claims of patent infringement in a suit involving video coding and more