John Luken focuses his practice primarily on patent infringement litigation as well as complex commercial and other intellectual property litigation. He has handled patent infringement cases involving a variety of services and products, including commercial forms and related software, software-related business method patents in the printing and financial services industries, metal beverage cans and closures, surface coal mining blasting methods, service station petroleum equipment, and retail security products.
While his practice now focuses largely on patent infringement matters, John has handled a wide variety of other types of complex litigation matters, ranging from securities, commodities, RICO and fraud claims arising out of complicated derivatives transactions to shareholder derivative litigation, environmental litigation, business and government contracts cases, and ERISA class action cases. John's approach is to focus first on client needs and objectives and to approach matters flexibly and creatively, rather than in a one-size-fits-all manner, so that complex matters can be resolved favorably, expeditiously, and cost-effectively.
John also chairs the firm's e-Discovery Group and is an active member of the influential Sedona Conference Working Group on Electronic Document Retention and Production (WG-1), participating in several Sedona drafting teams, including the Case for Cooperation (urging more rational, expeditious, and less expensive discovery processes).
In the community, John is the recipient of a number of leadership awards from the United Way and from the Cincinnati Bar Association. For the last six years, John has taken up distance running, and he now has completed 18 marathons.
Memberships & Affiliations
· Downtown Cincinnati, Inc., Member of Clean and Safe Committee; Former Board Member and Executive Committee Member
· United Way of Greater Cincinnati, Counsel; Chair, Ohio Public Policy Committee; Former Board Vice-Chair
· Hamilton County Office of Maternal and Infant Health and Infant Mortality Reduction, Board Member, Former Board Chair
· Leadership Cincinnati, Member, Class XXIV
· Northwestern University Alumni Admission Council, Member, Host of Annual Interview Sundays
Distinctions
· Peer Review Rated AV in Martindale-Hubbell
· Cincinnati Bar Association - Community Service Award
· United Way of Greater Cincinnati - Geier Family Leadership Award for Community Service
· Listed in The Best Lawyers in America®
· Selected for the Ohio Super Lawyers® List since 2008
Experience
Related Experience
Patent Infringement Litigation
Industrial Machine Manufacturer
Patent infringement litigation in a number of venues with amounts at issue in the tens of millions of dollars
Patent Infringement Litigation
Beverage Packaging Manufacturer
Patent infringement litigation in a number of venues with amounts at issue in the tens of millions of dollars
OPW Fueling Components/PISCES Underground Piping Patent Litigation and Related Cases
PISCES by OPW, Inc., OPW Fueling Components, Division of Dover Corporation
Patent infringement, breach of contract, licensing
White Consolidated Industries, Inc. v. Westinghouse Electric Corporation
Westinghouse Electric Corporation
CERCLA, Breach of contract
Trademark Infringement Litigation
Multiple Clients
Trademark infringement litigation
Procter & Gamble v. Bankers Trust
The Procter & Gamble Company
Breach of contract, fraud, negligence, breach of fiduciary duty, federal and state securities and commodities claims, RICO
Nash Finch Company Litigation
Nash Finch Company, Super Foods Services, Inc.
Various matters, including breach of contract, deceptive trade practices, antitrust, fraud and misrepresentation
Duramed Pharmaceuticals, Inc. v. Schein Pharmaceuticals
Schein Pharmaceuticals
Breach of contract
Chemed Corporation v. PCI Holding Corp., et al.
Chemed Corporation and Vitas Healthcare Corporation
Our complaint asserted breach of contract; counterclaim asserted breach of contract, fraud, misrepresentation, deceptive trade practices, misappropriation of trade secrets and other claims.
Beneficial Franchise Company v. BankOne, et al.
River City Bank and Republic Bank & Trust
Defended clients in patent infringement case
Microsoft Windows Antitrust Class Action Litigation (Ohio and Kentucky Cases)
Microsoft Corporation
Alleged violations of federal and state antitrust laws, state deceptive trade practices acts, unjust enrichment and other claims.
Large Charitable Representation
Greater Cincinnati Public Charity Organizations
Ongoing representation of several of the largest public charities in the Greater Cincinnati region.
Indian Coffee v. Procter & Gamble
The Procter & Gamble Company
Predatory pricing and Robinson-Patman price discrimination
Publications
October 31, 2012, TROLLS: Unlike Zombies, They Want Your Money Not Your Brains
Presentation
September 20, 2012, "Non-Profits: Director Responsibilities, Risks and Protections," United Way of Greater Cincinnati, Volunteer Leadership Development Program
August 14, 2012, "eDiscovery and IP Litigation," Cincinnati Intellectual Property Law Association
April 18, 2012, "Electronic Evidence on a Budget: Practical Advice on How to Effectively Introduce or Object to Email Messages and Other Social Media Evidence," Cincinnati Bar Association, Domestic Relations Institute
February 9, 2012, "Non-Profits: Director Responsibilities, Risks and Protections," United Way of Greater Cincinnati, Volunteer Leadership Development Program
January 13, 2012, "eDiscovery Issues and Intellectual Property Litigation," Dayton Intellectual Property Law Association
January 10, 2012, Document Retention and Litigation Hold Training, Dinsmore & Shohl Client
October 20, 2011, "Non-Profits: Director Responsibilities, Risks and Protections," United Way of Greater Cincinnati, Volunteer Leadership Development Program
September 30, 2010, "Non-Profits: Director Responsibilities, Risks and Protections," United Way of Greater Cincinnati, Volunteer Leadership Development Program
April 21, 2011, "Non-Profits: Director Responsibilities, Risks and Protections," United Way of Greater Cincinnati, Volunteer Leadership Development Program
August 31, 2010, "Recent Developments in Patent Damages," Cincinnati Bar Association, Intellectual Property Litigation Committee