John Moehringer handles complex patent litigation, primarily in the electrical engineering, telecommunications, and computer science fields. In addition to representing clients in patent infringement suits in the U.S. district courts, John also has substantial experience representing clients in the U.S. International Trade Commission. He also counsels clients with respect to various Intellectual Property issues, including IP licensing and transactions, and rendering non-infringement and invalidity opinions.
Prior to joining Cadwalader, John was a partner with Morgan & Finnegan. Before graduating from law school, he worked as an electrical engineer for Grumman Aerospace Corporation. John is currently a Board Member of the New York Intellectual Property Law Association (NYIPLA) and is a member of the New York State Bar Association and the Conner Inn of Court.
John received his J.D. from Fordham University School of Law, where he was a member of the Intellectual Property Law Journal. He received his Bachelors Degree in Electrical Engineering, cum laude, and his Masters Degree in Engineering Management from Polytechnic University (now NYU-Poly).
· Convolve Inc. v. Compaq Computer Corp.: Represent plaintiffs Convolve, Inc. and Massachusetts Institute of Technology against Compaq Computer Corp. and Seagate Technology LLC. The case involves technology related to disk drive vibration control and input shaping and includes claims of patent infringement, trade secret misappropriation, breach of contract and other torts. This case is anticipated to be tried in 2011.
· Ganas v. IBM: Defending IBM against allegations of infringement in multi-defendant patent infringement suit in Eastern District of Texas (E.D. Tex.; 2:10-cb-320).
· Broadcom Corp. v. Qualcomm, Inc.: Substituted as counsel of record on the eve of the trial to defend Qualcomm against allegations of infringement by its 3rd Generation baseband processors and proprietary network software. Broadcom alleged that these products infringed telecommunications patents related to video encoding and network switching technologies. The case settled on favorable terms.
· In The Matter of Certain Computer Products, Computer Components And Products Containing Same: Represented complainant IBM before the International Trade Commission in an infringement proceeding involving several of IBM's patents related to cooling, power conservation and router technology against respondents ASUSTek Computer, Inc. and ASUS Computer International as well as in a parallel federal district court litigation. While on appeal to the Federal Circuit, the case settled on favorable terms.
· In the Matter of Certain Wireless Communication Devices, Components Thereof, And Products Containing The Same: Represented complainants Ericsson Inc. and Telefonaktiebolaget LM Ericsson in a patent infringement investigation before the International Trade Commission involving wireless telecommunication equipment. The investigation was successfully brought to conclusion through a stipulated dismissal and settlement resolved to the satisfaction of all parties.
· SCO v. IBM: Represented IBM in patent counterclaim involving three patents related to high availability and encoding.
· IBM v. Compuware (S.D.N.Y)/ Compuware v. IBM (E.D. Mich.): Represented plaintiff IBM in the Southern District of New York in a patent infringement litigation involving several of IBM's patents related to database management, distributed computing and data processing. Also represented IBM in the Eastern District of Michigan defending against Compuware's claims of trade secret theft, copyright infringement and antitrust violations and in asserting counterclaims of infringement of six patents related to graphical user interfaces, fault detection and system monitoring. The cases were favorably settled.
· Lucent Technologies Inc. v. Micron Technology, Inc.: Represented Lucent in the District of Delaware in asserting several of Lucent's semiconductor device and fabrication technology patents as well as a breach of license/contract claim. Also represented Lucent in declaratory judgment action of invalidity and non-infringement of several Micron patents covering complex telecommunication technology. The team was successful in achieving a rare transfer of Micron's countersuit from Eastern District of Virginia to Delaware. The case settled favorably.
· TM Patents v. IBM: Represented IBM against allegations of infringement of four complex computer patents in the area of data storage, memory control and parallel processing data routing. In a case of first impression, the Court ruled that a patentee is collaterally estopped from challenging claim construction rulings obtained in a prior action that was settled before appeal. 72 F. Supp. 2d 370 (S.D.N.Y. 1999) (includes favorable Markman rulings). Our lawyers succeeded in obtaining a ruling that the patent holder lost his rights to the parallel processing data router patent for which he had received government funding when he failed to comply with the government-grant license requirements - resulting in the Government acquiring title. 121 F. Supp. 2d 349 (S.D.N.Y. 2000). IBM won summary judgment dismissing some of the patents following Markman ruling. 121 F. Supp. 2d 349 (S.D.N.Y. 2000). The case settled on the eve of trial on terms highly favorable for the client.
· Union Oil Company Of California v. Atlantic Richfield Company: Represented defendants Atlantic Richfield Company, Chevron U.S.A., Inc., Exxon Corporation, Mobil Oil Corporation, Shell Oil Products Company and Texaco Refining And Marketing, Inc. in bench trial in the Central District of California involving alleged inequitable conduct during prosecution of plaintiff Union Oil Company of California's patent directed to low-emission unleaded automotive gasoline and in a jury trial involving alleged infringement of the patent.
· United States Treasury - Chrysler: Retained by The United States Treasury in connection with Chrysler's Chapter 11 bankruptcy proceeding and related transactions such as merger agreements, sale agreements, and loan agreements. The effort included conducting IP due diligence and overseeing relevant filings of IP releases, assignments, name changes, and security interests in the United States and abroad, which is continuing. In re: Old Carco LLC (f/k/a/ Chrysler LLC), 09-50002 (Bankr. S.D.N.Y.)
· United States Treasury - GM: Retained by the United States Treasury in connection with GM's Chapter 11 bankruptcy proceeding and related loan agreements. The firm advised extensively on IP aspects of the bankruptcy, and is continuing to oversee relevant IP filings in the United States and abroad. In re Motors Liquidation Company, et a., f/k/a/ General Motors Corp., et a., 09-50026 (Bankr. S.D.N.Y.)