John is experienced in litigating disputes in federal and state trial and appellate courts involving copyrights, patents, trademarks, trade secrets, technology, false advertising, restrictive covenants, licenses, computer and Internet rights, franchise rights, breach of contract and other intellectual property, business torts and unfair competition claims. Representative Experience Lead trial counsel to international sporting goods company in defense of patent infringement action involving golf irons; defeated plaintiff's motion for preliminary injunction and its infringement suit on summary judgment. Obtained a jury verdict of patent invalidity; successfully argued for affirmance in the Federal Circuit. Lead trial counsel to manufacturer of patented cap seal for chemical drums accused of unjust enrichment, unfair competition and breach of contract. Defeated some of plaintiff's claims on summary judgment and obtained a jury verdict for client on all remaining claims. Represented coaxial cable connector manufacturer accused of infringement. Case settled following jury verdict for plaintiff on some issues and client on others. Represented leading provider of salvage vehicle sales services accused of infringing online auction patent technology. The suit was resolved amicably with a dismissal of all of plaintiff's infringement claims and client's antitrust counterclaims, mutual denials of liability and no material amount paid by either party. Counsel to software company in action brought by competitor for patent infringement involving sorting software; reexamination resulted in narrowing of patent claim and favorable settlement. Counsel to medical device manufacturer in defense of patent infringement action involving devices used for treatment of patients suffering from respiratory disorders; case dismissed upon merger of parties. Counsel to television producer and radio station in defense of action alleging infringement of author's copyrighted works; defeated plaintiff's complaint on summary judgment and her motion to amend complaint; denial of motion to amend affirmed and rehearing denied by the Eleventh Circuit. Counsel to major entertainment company and classic motion picture network in action brought by competitor alleging copyright infringement and state law claims; defeated state law claims on motion to dismiss and obtained favorable settlement on copyright claim. Lead trial counsel to major motion picture distributor in copyright infringement action against cinema for unauthorized exhibitions of films; obtained temporary restraining order, permanent injunction, and monetary consent judgment. Lead trial counsel to international cable news network in action against off-shore television station for unauthorized use of copyrighted programming material and registered trademarks; obtained temporary restraining order, permanent injunction, and consent judgment. Counsel to sporting goods franchisor in action against its terminated franchisee for trademark infringement and breach of contract; obtained temporary restraining order, permanent injunction and consent judgment. Counsel to defendant telephone directory publisher against competitor's claims of false advertising and tortious interference; defeated plaintiff's preliminary injunction motion, and successfully argued for affirmance in the Eleventh Circuit. Counsel to plaintiff orange juice producer in action against competitor for false advertising resulting in permanent injunction and one million dollars in damages, including award of attorney's fees in district court; costs awarded after defendant dismissed its appeal. Counsel to telephone directory publisher in trademark infringement case brought by competitor over client's use of the "Walking Fingers" symbol; obtained summary judgment ruling that the "Walking Fingers" is a generic symbol for "yellow pages." Lead trial counsel to music label company, its producer and record company in action brought by competitor alleging copyright infringement and tortious interference with management contracts; defeated plaintiff's claims on motions to dismiss and for summary judgment; obtained affirmance by the Eleventh Circuit. Lead trial counsel to international manufacturer of synthetic fiber products in trade secret action against its former scientist based on inevitable disclosure theory; obtained temporary restraining order and preliminary and permanent injunctions. Counsel to musical group, its management and record company in defense of trademark infringement action; obtained injunction against plaintiff on client's counterclaim for tortious interference with business relations before reaching favorable settlement. Presentations and Speaking Engagements "Patent Litigation 2005," Practicing Law Institute, September, 2005 (speaker). "Pre and Early Stage Patent Litigation," Law Seminars International, December, 2004 (speaker). Work Experience Partner, Troutman Sanders LLP, 2000-present Associate, Troutman Sanders LLP, 1995-2000 Associate, Winston & Strawn, Chicago, Illinois, 1991-1995 Memberships · American Bar Association (Intellectual Property and Science and Technology Sections) · State Bar of Georgia (Intellectual Property Section and Technology Law Section, Litigation Committee) |