John Marshall is of counsel in the firm's Intellectual Property Practice Group. His practice concentrates on civil litigation involving patent, trademark and copyright infringement, representation of patent and trademark applicants before domestic and foreign government agencies, and advice and counseling to clients on intellectual property matters.
Civil Litigation. John began his law career in 1979 with an intellectual property firm where he became the primary associate in a series of actions involving patents on digital organs and keyboards. In 1981, he joined a general practice firm to concentrate on aircraft accident litigation, representing aircraft and equipment manufacturers and air carriers. He returned to intellectual property practice in 1988. John has tried cases in state and federal courts, and in the International Trade Commission, and has argued appeals in the Superior and Supreme Courts of Pennsylvania and in the Court of Appeals for the Federal Circuit. In one jury trial involving medical laser technology, he obtained a verdict for the plaintiff of willful infringement of three patents with an eventual settlement in excess of $8 million.
Patent Prosecution and Guidance to Clients. John became a registered patent attorney in 1979. He represents patent applicants in diverse technologies, provides advice to clients on matters of patent scope and validity, and assists clients in developing business strategies for exploiting their intellectual property assets.
In General. Before entering the practice of law, John was a U.S. Navy officer and aviator. He graduated from the Naval Academy in 1969, received his gold wings and a master's degree in aeronautical systems engineering in 1970, and flew maritime patrol aircraft in the Pacific and Southeast Asian regions until 1973, when he became an NROTC instructor at Holy Cross. John left active service in 1976 to attend law school, but remained in the reserve forces until he retired as captain in 1993.
John has served on the board of governors for the Philadelphia Intellectual Property Law Association, past president of the Benjamin Franklin American Inn of Court, and the Committee on Professionalism and Ethics of the American Intellectual Property Law Association. He is a member of the Pennsylvania and American Bar Associations and AIPLA. John is listed in America's Leading Lawyers for Business, published by Chambers USA, The Best Lawyers in America, and has been named a Pennsylvania Super Lawyer by Philadelphia Magazine. Chambers USA 2010 ranked John in Intellectual Property Law.
John's published works include: "Comparison of Patent and Trademark Office Code of Professional Responsibility to Pennsylvania Rules of Professional Conduct," PBI ethics course 1993843, available at the Philadelphia Bar Association Library; and "Proximate Causation as the Grand Unification Theory of Patent Damages," AIPLA Quarterly Journal, Volume 3, Number 4, Fall 1995.
Publications
1/10/2011, The Federal Circuit Court of Appeals Requires Damages Experts To Rely On ... Evidence?
Patent Alert
John Marshall
1/13/2010, Higher Fines for False Patent Marking
Patent Alert
John Marshall
10/9/2006, Intellectual Property Update
John Marshall
6/30/2005, Intellectual Property Update
Amy Carroll, John Marshall
4/30/2002, Design Patents: an Alternative to Copyright
Philadelphia's Business Journal
John Marshall
Speaking Engagements
4/17/2012, 28th Annual Joint Patent Practice Seminar
"Litigation Panel"
John Marshall, New York, NY
3/29/2012, PBI 6th Annual Intellectual Property Institute
"America Invents Act I: Overview and Update"
Robert Stoll, John Marshall, Philadelphia, PA
10/17/2011, Pennsylvania Bar Institute
"The Changing Face of U.S. Patent Law"
John Marshall, Allentown, PA
3/5/2009, Third Annual Intellectual Property Law Institute
Mock Expert Examination in a Patent Infringement Case
John Marshall, Philadelphia, PA
4/30/2008, The 24th Annual Joint Patent Practice Seminar
"Recent Developments in Supreme Court Cases"
John Marshall, New York, NY