John LeRoy is a highly skilled litigation professional. He uses his electrical and mechanical engineering background, and two decades of intellectual property litigation experience, to represent his clients in high-tech legal disputes and complex licensing negotiations.
John’s practice focuses on patent, trade secret and copyright litigation involving software, electronics, and mechanical systems. With over 20 years of experience, a Master’s degree in electrical engineering, and a Bachelor’s degree in mechanical engineering, he has successfully represented clients in many different industries. He focuses on efficiently resolving litigation disputes outside of the courtroom, leaving the jury trial as a “last resort.” And in the courtroom, John has won, and successfully defended against, multiple “$100+ million dollar” jury trials (and related appeals) involving complex technology and intellectual property claims.
Leveraging his extensive software litigation experience, John leads the firm’s FRAND licensing and Open Source Software audit and compliance practice. With respect to FRAND licensing, John works with automotive OEMs and suppliers to address licensing standard essential patents for wireless communication technology. John also advises companies regarding effective use of open source software in their commercial products. He helps companies develop customized corporate policies and strategies for compliance with applicable open source license terms. John’s team manages source code audits and works closely with software developers and business managers to properly navigate the various open source license terms. John’s team has undertaken the audit-and-advice service on complex systems in the automotive, consumer electronics, medical device, and computer industries.
John is devoted to his clients’ business interests. He brings a creative approach to his practice to solve the most complex issues his clients face. For example, John worked with several automotive companies to create the SmartDeviceLink Consortium, a thriving new organization of automotive companies managing an open source platform for communication between smart devices and automobiles.
John is admitted to practice before the United States Supreme Court, Federal Circuit Court of Appeals, the Sixth Circuit Court of Appeals, and the U.S. District Courts in the Eastern and Western District of Michigan, the Eastern District of Texas, the Western District of Wisconsin, and Colorado. John is also a registered patent attorney, and is authorized to practice before the U.S. Patent Office.
John holds a Master’s Degree in Electrical Engineering from the University of Michigan, and an undergraduate degree in Mechanical Engineering from the University of Buffalo, where he graduated cum laude. John’s background in both electrical and mechanical engineering allows him to handle patent cases involving many different technologies.
John is a regular guest lecturer on Patent Fundamentals at the University of Michigan. John has also personally handled six pro bono civil actions, including a pro bono jury trial.
Outside the office, John enjoys fishing and boating with his family in northern Michigan, playing ice hockey, and racing at the M1 Concourse. He is also a Pack Master for his local scout pack, which according to John, makes IP litigation look easy. Charities John regularly supports through donation and service include Alternatives for Girls, St. Jude, Gleaners Food Bank, and his local humane society.
Representative District Court/ITC Matters
FMReps Consulting Enterprises, LLC v. Ford Motor Company (U.S. District Court): Served as litigation counsel for Ford Motor Company in a patent infringement lawsuit alleging that Ford’s software supporting its certified pre-owned vehicle program infringed two patents directed to a computerized certification process. Under Brooks Kushman’s direction, Ford moved to dismiss at the pleading stage, arguing the asserted patents were invalid under 35 U.S.C. § 101. The court agreed, holding the patents were directed to an unpatentable abstract business idea and relied on routine computer functions such as dashboards, real-time data displays, role-based access, and tabbed interfaces to automate a longstanding process. The court dismissed all claims before discovery, expert reports, or trial, delivering an early and complete victory for Ford.
Safe Driving Technologies, LLC v. Ford Motor Company (Patent Trial and Appeal Board): Served as Ford Motor Company’s litigation and Patent Trial and Appeal Board (PTAB) counsel, recently defended Ford in a patent infringement case filed by Safe Driving Technologies, LLC, which alleged Ford infringed four patents related to telematic safety features. Under Brooks Kushman’s direction, Ford filed Inter Partes Reviews (IPRs) against the four asserted patents. The PTAB ultimately held 43 claims unpatentable, with the plaintiff dedicating an additional 10 claims to the public. Brooks Kushman also represented Ford in the appeal, where the judgment was affirmed. Case No. 1:21-cv-00064
Lear Corporation v. NHK Seating of America Inc. (Settlement – E.D. Michigan): Only days into a federal jury trial, Lear Corp., represented by Brooks Kushman, and NHK Seating, informed a Michigan federal judge that the companies had reached a settlement in the patent infringement case involving headrest patents. Lear sued NHK Seating in 2013 saying the company infringed multiple patents for technology they used in their vehicle headrests. The case has been settled in its entirety.
Versata Software v. Ford Motor Company (E.D. Michigan and E.D. Texas): Lead counsel for Ford in lawsuits involving over 30 alleged trade secrets, 16 patents, 5 copyrights and 3 breach of contract claims relating to complex enterprise software for product configuration. Versata originally sought over $1.4 Billion in damages from Ford. After more than 8 years of litigation in federal courts in Michigan and Texas, more than 20 IPRs/CBMRs, over 60 depositions, over 1000 docket entries including multiple rounds of claim construction, summary judgment and Daubert challenges, and a three-week jury trial, John and his team held Versata to just $3 in nominal damages. Case No. 2:15-cv-10628.
Eagle Harbor Holdings/Medius v. Ford Motor Company (Jury Trial – W.D. Washington): Defended Ford in patent infringement trial in which plaintiff was asserting several patents against Ford’s SYNC infotainment system, and Ford’s automatic parking system. Plaintiffs sought damages of $250 million. Jury found patents not infringed, and awarded no damages to plaintiff. Jury also found that plaintiffs had misappropriated Ford trade secrets. Case No. 3:11-cv-05503
Maxchief v. Plastic Development Group (Settlement – E.D. Michigan) – Lead counsel for Defendant, Plastic Development Group (PDG) in a patent infringement matter regarding blow-molded tables. Successfully transferred the case to E.D. Michigan shortly after the Supreme Courts decision in TC Heartland. Also served as counsel to PDG during inter partes review proceedings to challenge the asserted patents validity. The Patent Trial and Appeal Board instituted on all grounds for all challenged claims. The case settled favorably shortly after transferring to PDG’s home forum and institution of the inter partes review. Case No. 2:17-cv-12662
WP Banquet, LLC et al. v. Target Corporation et al. (Settlement – C.D. California) – Lead counsel for furniture manufacturer Plastic Development Group and retailer Target accused of infringing four patents. Successfully moved to sever and stay the case for Plastic Development Group’s customer Target. Managed to secure a favorable settlement on behalf of Plastic Development Group shortly thereafter. Case No. 2:16-cv-02082
Kar Enterprises v. Ford Motor Company (Settlement – D. Massachusetts): Counsel for defendant Ford Motor Company in patent infringement lawsuit involving speed limiting system for a vehicle. The case concluded in a favorable settlement for Ford. Case No. 4:11-cv-11200
Ancora Techs. v. Apple, Inc. (Federal Circuit): Counsel for Ancora Technologies patent infringement action concerning computer software. Obtained a positive claim construction ruling for the patent holder on appeal to the Federal Circuit. Case No. 744 F.3d 732
AgentWare Systems, Inc. v. Ford Motor Company (Jury Trial – E.D. Michigan): Defended Ford in trade secrets case relating to computer software for assembly line visualization. AgentWare sought $400 million from Ford in damages. The court and the jury found for Ford, rejecting AgentWare’s claims. Case No. 02-cv-71959
Ford Motor Company and Greenleaf LLC v. Technology Solutions Company (Jury Trial – Wayne County Circuit Court ): Obtained a $2.3 million dollar verdict and judgment on behalf of Ford and a former Ford subsidiary in a breach of warranty action against a software supplier. Case No. 01:123853
z4 v. Microsoft and Autodesk (Jury Trial – E.D. Texas): 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. The Federal Circuit affirmed the jury verdict. Case No. 507 F.3d 1340
Cheetah Omni LLC v. Verizon Services Corporation, et al. (Jury Trial – E.D. Texas): Represented Cheetah Omni in a patent infringement lawsuit concerning fiber optic switching technology. Secured a $5.4 million jury verdict. Case No. 6:11-cv-00160
Omega Patents, LLC v. General Motors LLC et al. (Settlement – N.D. Georgia): Counsel for defendants General Motors and Onstar in a patent infringement lawsuit involving vehicle remote systems. The case concluded in a favorable settlement for defendants. Case No. 1:12-cv-01192
Omega Patents, LLC v. Lear Corp. (Settlement – M.D. Florida): Counsel for defendant Lear Corporation in patent infringement lawsuit involving vehicle remote start technology. The case concluded in a favorable settlement. Case No. 6:07-CV-1422
ST Sales Tech Holdings, LLC v. Ford Motor Company (Summary Judgment – E.D. Texas): Lead counsel for Ford in successful defense of patent infringement action. Case No. CIV.A. 6:07-CV-346
Education
J.D., University of Dayton
M.S., Electrical Engineering, University of Michigan, academic excellence
B.S., Mechanical Engineering, University of Buffalo, cum laude
Tau Beta Pi Engineering Honor Society
Pi Tau Sigma Engineering Honor Society
Organizations & Affiliations
Federal Bar Association (Liaison, Intellectual Property Law Section, E.D. Mich. Chapter)
United States Supreme Court
Intellectual Property Owners (IPO) Association – Open Source Committee
State Bar of Michigan
Recognitions
“Super Lawyer,” Super Lawyers, 2014-2018, 2020-2026
“Leading Individuals,” Chambers USA, 2026
“The Best Lawyers in America,” Best Lawyers, 2015-2027
“IAM Patent 1000,” Intellectual Asset Management, 2017–2026
“IP Star,” Managing Intellectual Property, 2016-2025
“Legal Lions of the Week,” Law360, 2023
“Top Lawyer,” DBusiness Magazine, 2013, 2015-2017, 2019-2021
“Michigan’s Outstanding IP Litigator of the Year,” Managing Intellectual Property, 2018
“Leader in the Law,” Michigan Lawyers Weekly, 2016
“Rising Star,” Super Lawyers, Intellectual Property, 2008-2010, 2012-2013
“Up-and-Coming Lawyer,” Michigan Lawyers Weekly, 2008
Eastern District of Michigan Pro Bono Service Recognition, 2005, 2007, 2008, 2010 – 2012
Presentations
Panelist, “The Evolving Licensing Landscape: SEP and FRAND”, Auto IP USA, IAM, May 2022
Panelist, “Global FRAND Issues: Precious Metals, Auto, and IoT,” Global Series Webinar, Federal Circuit Bar Association, October 2021
Panelist, “Billion Dollar Patent Verdicts: How, Why and Will the Federal Circuit Let Them Stand,” Patent Masters™ Litigation 2021, IPWatchdog, June 2021
Panelist, “FRAND and the Automotive Value Chain,” IPWatchdog SEP2020, November 2020
Moderator, “The SEP Landscape,” Auto IP Event, Intellectual Asset Management and Brooks Kushman P.C., September 2020
Co-presenter, “Year In Review: 2019 Intellectual Property Litigation,” BK Webinar, February 2020
Speaker, “You May Be Exhausted Over Standard Essential Patents (And Not Even Know It),” BK Video Presentation, December 2019
Co-Presenter, “Navigating License and Joint Development Agreements; Avoiding Litigation,” BK Webinar, September 2019
Speaker, “Creating Internal Open Source Compliance Strategies: What Every In-House Counsel Should Know,” Association of Corporate Counsel Webinar, July 2017
Speaker, “Open Source Software: What Every In-house Counsel Should Know,” Association of Corporate Counsel Webinar, February 2017
Panel Speaker, “Software Patentability,” United States Patent and Trademark Office (USPTO) program at Lawrence Technical University, May 2015
Speaker, “Open Source Software – The Devil is in the Details,” Society of Manufacturing Engineers’ Big M Manufacturing Convergence, June 2014
Speaker, “Open Source: Its Free – Terms and Conditions Apply,” ARM TechCon, October 2013
Speaker, “Open Source Software in the Electric Vehicle,” Electric & Hybrid Vehicle Technology Show, September 2013
Speaker, “Understanding & Managing Legal Obligations of Open Source Software,” SAE World Congress, April 2013
Speaker, “Legal Risks Associated with Open Source Software,” Licensing Executives Society: Software Committee, December 2011
Speaker, “What CIOs Need to Know About the Legal Risks Associated with Open Source Software,” ExecSense Webinar: Intellectual Property, August 2011
Publications
Co-Author, “Ford IPRs Instituted at Patent Trial and Appeal Board,” Brooks Kushman Trending IP Blog, January 2026
Co-Author, “Brooks Kushman Secures Federal Circuit Affirmance for Ford Motor Company in Patent Dispute, Upholding PTAB Rulings that the Asserted Automobile Safety Patents are Unpatentable,” Brooks Kushman Client Alerts, November 2025
Co-Author, “AI Integration, Copyright, and Privacy: Navigating the Challenges in Software Terms of Service,” Brooks Kushman Trending IP Blog, September 2024
Co-Author, “Director Vidal Issues Favorable Ruling in Ford IPR,” Brooks Kushman Client Alerts, March 2024
Co-Author, “Taking the Initiative: Proactive Litigation Strategies in Intellectual Property Disputes,” Brooks Kushman Trending IP Blog, January 2024
Co-Author, “Court Enters Final Judgement for $3 in Versata Software, Inc. v. Ford Motor Company,” Brooks Kushman Client Alerts, November 2023
Co-Author, “Covered Business Method Patent Review Will End as of September 16, 2020.” Client Alert, August 2020
Co-Author, “Open Source Software (OSS) – What Every Attorney Needs to Know,” Association of Corporate Counsel, October 2014
