John joined Brooks Kushman in 1999. His focus is federal patent litigation and appeals in the software, electrical, and mechanical arts. He holds an M.S. degree in Electrical Engineering, a B.S. degree in Mechanical Engineering. He litigates patent cases nationwide. He is admitted to practice before the Federal Circuit Court of Appeals, the Sixth Circuit Court of Appeals, and U.S. District Courts in Delaware, California, Texas, Illinois, Florida, Massachusetts, Michigan, and Wisconsin. John is a registered patent attorney, and is authorized to practice before the U.S. Patent Office.
John is a member of Brooks Kushman's management committee. He also runs the firm’s open source software audit and compliance department. John advises manufacturing clients and software developers regarding the proper use and distribution of open source software. John also manages the Firm’s pro-bono trial program. He has been honored six times for his pro-bono service.
Representative Litigation Matters
AgentWare, Inc. v. Ford Motor Company
Defended Ford in trade secrets case relating to computer software for assembly line visualization. AgentWare sought over $400 million from Ford. The court and the jury found for Ford, rejecting AgentWare’s claims.
GreenLeaf LLC/Ford Motor Company v. Technology Solutions Company
The lawsuit resulted from a failed development of a custom computer system for GreenLeaf (a Ford subsidiary) capable of tracking its national inventory and processing sales transactions. GreenLeaf, represented by Brooks Kushman, demanded a refund of the fees it paid TSC over the course of the unsuccessful development project. After a week-long trial, the jury awarded GreenLeaf $2.3 million.
z4 v. Microsoft Corporation and Autodesk, Inc.
Represented z4 in a patent infringement case involving two patents relating to technology for reducing software piracy. Infringing products included Microsoft’s Windows and Office software, and Autodesk’s AutoCAD software. Brooks Kushman secured a $133 million jury verdict, and a $25 million enhanced damages award for z4. (U.S. Patent Nos. 6,785,825 and 6,044,471) On November 16, 2007, the case was affirmed by the Federal Circuit. (Click here to view the decision)
Cheetah Omni LLC v. Verizon Services Corporation, et al.
Represented Cheetah Omni in a patent infringement lawsuit concerning fiber optic switching technology. Secured a $5.4 million jury verdict.
Bose Corporation v. Lightspeed Aviation
Defended Lightspeed Aviation in patent infringement lawsuit in the District of Massachusetts relating to aviation noise cancelling headset technology. Managed litigation through summary judgment and negotiated settlement between Bose and Lightspeed.
Facebook, Inc. v. MaxBounty, Inc.
Defended MaxBounty software case involving claims under Computer Fraud and Abuse Act and the CAN-SPAM Act. Negotiated settlement resolving all claims.
Quantum Corp. v. Storage Technology Corp.
Defended StorageTek (now Sun Microsystems) in a N.D. California patent infringement suit involving two patents relating to magnetic data recording technology. The case settled shortly after the filing of StorageTek’s summary judgment motions for non-infringement and invalidity. (U.S. Patent Nos. 5,474,253 and 4,809,110)
Omega Patents LLC v. Lear Corporation
Defended Lear in patent infringement action involving six patents relating to vehicle remote start technology.
Honors & Awards
“Top Lawyer,” DBusiness Magazine, 2013.
“Rising Star,” Michigan Super Lawyers, Intellectual Property, 2008-2010, 2013.
“Up & Coming Lawyer,” Michigan Lawyers Weekly, 2008.
Quoted, “How to Keep ESI at Bay in E-Discovery,” Corporate Counsel, November 2010.
Speaker, “Open Source: Its Free – Terms and Conditions Apply,” ARM TechCon, October, 30 2013.
Speaker, “Open Source Software in the Battery Electric Vehicle,” Electric & Hybrid Vehicle Technology Expo, September, 17 2013.
Speaker, “Legal Risks Associated with Open Source Software,” Licensing Executives Society: Software Committee, December 13, 2011.
Speaker, “What CIOs Need to Know About the Legal Risks Associated with Open Source Software,” ExecSense Webinar: Intellectual Property, August 12, 2011.