Chad A. Rutkowski

Partner

Philadelphia
T +1.215.564.8910
F +1.215.568.3439

Overview

Chad Rutkowski’s practice focuses on the intersection of copyright and technology. As co-lead of BakerHostetler's Digital Transformation and Data Economy team, he assists clients in the midst of the “digital transformation,” helping them identify and capture the intellectual property (IP) in their valuable data, algorithms, and enterprise software. Clients rely on him to help identify their IP, to build internal processes for its management, navigate open source and other open innovation strategies, and to create licensing programs that enable full value realization. He further protects that value in disputes and litigation, whether through enforcing his clients’ IP rights or fending off attacks by competitors.

Chad is the principal author of the firm’s Beyond Source Code web tool, which digests all court decisions addressing the scope of copyright protection in the non-literal elements of source code. Chad writes and presents regularly on the robust protections afforded by copyright law to software, data, artificial intelligence, and related innovations. He has helped his clients protect innovations in healthcare technology, water management, smart cities, population health management, and online consumer lending.

Chad's interest in how IP law has adapted to digital transformation began in his former role as a founder and business manager of a digital media publisher. Drawing from his professional and legal experiences, he co-leads the firm’s Technology & IP Transactions and Outsourcing practice team and contributes regularly to the firm’s IP blogs. Additionally, he is an active member of the Copyright Society of the USA and the ABA IP Law Section. Chad is AV Preeminent-rated by Martindale-Hubbell and has been voted by his peers as a Pennsylvania Super Lawyer and Rising Star.

Select Experience

Digital Transformation
  • Counseled American Water Works Company in its development of enterprise software, data analysis, and machine learning technologies for operational and water quality enhancements, including implementation of IP capture, enforcement, and licensing practices and protocols.
Digital Media and Content Delivery
  • Serves as intellectual property counsel for 2U, Inc., a distance learning platforms and services for prestigious higher education institutions. In addition to helping 2U protect its intellectual property platform, he has helped draft and review numerous complex licensing deals.
Technology Platform Protection
  • Pursued CFAA and breach of contract claims against data scraping company for losses experienced by client’s retail ecommerce website.
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Experience

Digital Transformation
  • Counseled American Water Works Company in its development of enterprise software, data analysis, and machine learning technologies for operational and water quality enhancements, including implementation of IP capture, enforcement, and licensing practices and protocols.
  • Counseled a large healthcare plan and provider company on data ownership and IP protection strategies.
  • Counseled encrypted browser technology provider on source code and data ownership strategies and open source dedication issues.
  • Counseled a large pharmaceutical and consumer health corporation in software UX ownership and infringement issues.
  • Negotiated a complex three way data analysis agreement between a healthcare cost management consortium, healthcare plan providers, and IBM regarding use of Watson in optimizing healthcare costs.
  • Conducted an audit of client’s business practices to identify IP in technology firm enabling population health management, and designed best practices for IP development and management.
  • Drafted multiple IP and IT licensing contracts for client’s provision of learning management system and student drop/fail/withdraw analytics software.
  • Drafted IP and IT licensing contracts for client’s development of smart cities project.
  • Drafted IP and IT licensing contracts for client’s retail data analytics and reporting software platform utilizing Tableau and other software products.
Digital Media and Content Delivery
  • Serves as intellectual property counsel for 2U, Inc., a distance learning platforms and services for prestigious higher education institutions. In addition to helping 2U protect its intellectual property platform, he has helped draft and review numerous complex licensing deals.
  • Defended a client in copyright litigation against claims that photographs were used without permission on an audiovisual content menu guide.
  • Drafted licensing deal between audiovisual production company and retail brand client for development of over the top platform distribution.
  • Assisted video hosting company with development of content management best practices and DMCA compliance.
  • Helped client reach a favorable settlement in a copyright infringement assertion against an advertising agency that created an auto dealership marketing campaign on YouTube.
  • Successfully negotiated the resolution of an infringement claim by Facebook against a client, a provider of webpage layout services that allows users to customize their Facebook pages.
Technology Platform Protection
  • Pursued CFAA and breach of contract claims against data scraping company for losses experienced by client’s retail ecommerce website.
  • Assisted in client’s protection of IP assets in acquisition of technology-enabled consumer credit analysis firm.
Intellectual Property Licensing Litigation
  • Counseled online gaming provider on appeal options after a loss on DMCA content management information violation claims.
  • Developed copyright infringement and trade secret misappropriation claims against hold-over software licensee for unauthorized modifications to client’s virtual workspace software.
  • Pursued trademark infringement claims against hold-over licensee for unauthorized uses of nutraceutical trademarks.
  • Pursued trade secret misappropriation and unfair competition claims on behalf of value added reseller of software solutions against competitor that engaged in corporate raiding activities.
  • Defended client against hold-over licensee claims of copyright infringement relating to alleged use of photographs in marketing and promotion of home improvement goods.
  • Obtained a high seven-figure settlement in a patent licensing dispute involving technology for the location of cell phone users over wireless networks.
  • Pursued International Chamber of Commerce arbitration proceedings in London relating to a breach of an exclusive trademark license agreement for the licensee’s asserted failure to properly promote and increase the value of licensed nutraceutical trademark.
Intellectual Property Indemnification Recovery
  • Spearheaded the indemnification recovery efforts of a large wireless carrier in more than 100 patent infringement lawsuits since 2010. Helped develop processes to ensure timely notice and case updates to more than 200 potential indemnitors; established complex but transparent formulae for the allocation of responsibility across multiple technology fields; and increased both indemnitor tender acceptances and post-loss reimbursements for his client.
  • Successfully defended multiple clients against indemnification assertions, including a supplier of equipment used in polishing and finishing semiconductor wafers and the supplier of voltage metering equipment.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (500)
    • Recommended in Intellectual Property - Copyright
  • Martindale-Hubbell: AV Preeminent
  • Pennsylvania "Super Lawyer" (2013 to 2014)
    • Pennsylvania Super Lawyers "Rising Star" (2010 to 2011)

Memberships

  • Copyright Society of the USA
    • Secretary (2020 to 2022)
    • Trustee and Executive Committee (2013 to present)
    • Philadelphia Chapter: Chair (2012 to 2013)
  • American Bar Association, Intellectual Property Law Section
    • Copyright Division, Emerging Technology Committee: Chair (2020); Vice Chair (2019)
    • Artificial Intelligence Task Force: Co-Chair

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Admissions

  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, District of New Jersey
  • Pennsylvania
  • New Jersey

Education

  • J.D., Rutgers University School of Law, 1996
  • B.A., Rutgers University, 1993

Blog

In The Blogs

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Data Counsel
Accelerate: Getting to Your North Star Faster
By Chad A. Rutkowski, Theresa M. Weisenberger
June 2, 2020
In May, BakerHostetler’s new Digital Transformation and Data Economy (DTDE) team presented a four-part webinar series for business leaders that covered the legal implications surrounding COVID-19. Panelists, including in-house attorneys...
Read More ->
Data Counsel
Positioning for What's Beyond the Horizon: What Digital Transformation and the Data Economy Mean for You
By Janine Anthony Bowen, Chad A. Rutkowski, Jeewon K. Serrato, Theresa M. Weisenberger
May 8, 2020
BakerHostetler’s new Digital Transformation and Data Economy Team (DTDE) is presenting a four-part webinar series in May where attorneys will cover legal implications surrounding COVID-19 for business leaders. Panelists, including in-house...
Read More ->
Data Counsel
Meeting Client Needs: Our New Digital Transformation and Data Economy Team
By Janine Anthony Bowen, Theodore J. Kobus III, Chad A. Rutkowski, Jeewon K. Serrato
April 27, 2020
I am excited to announce the seventh practice team under our Digital Assets and Data Management (DADM) Practice Group. By focusing on capitalizing on innovations that maximize IP, data, and technology, this team advises on optimal...
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2017 – The Year in Which Copyright Went Beyond Source Code
By Chad A. Rutkowski
January 16, 2018
2017 was a big year for raising the profile of copyright in protecting computer programs. Two cases in particular helped bring attention to a myth that was addressed and dispelled some time ago but persists in some circles nonetheless...
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Does Copyright Now Cover Functionality?
By Chad A. Rutkowski
March 24, 2017
On March 22, 2017, the U.S. Supreme Court decided the case of Star Athletica, L.L.C. v. Varsity Brands, Inc. regarding the scope of copyright protection for “pictorial, graphic or sculptural features” that have been added to useful...
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