John F. Murphy

Partner

Philadelphia
T +1 215.564.1603  |  F +1 215.568.3439

John Murphy focuses his practice on patent, copyright, trademark, trade secret and other intellectual property litigation. In spite of the prevalence of patent litigation brought by non-practicing entities, the great majority of John's experience is in disputes between business competitors. Consequently, John frequently goes beyond the courtroom to advise on the strategic business uses and implications of IP litigation. John represents both plaintiffs and defendants in district courts and before the U.S. Court of Appeals for the Federal Circuit, as well as the U.S. International Trade Commission, arbitration panels and mediators. His representations have involved a variety of technologies, including orthopedic medical devices and materials, chemical and biological therapeutics, semiconductor manufacturing, commercial packaging, and cryptographic and other software, as well as proprietary business information.

John teaches Patent Litigation as an adjunct professor at Rutgers Law–Camden, using the patent litigation and strategy casebook that he co-authored along with Federal Circuit Judge Kimberly A. Moore and Emory Law Associate Dean and Professor Timothy Holbrook. John also speaks and writes regularly on developments at the Federal Circuit and in patent law. Prior to law school, John completed his Ph.D. at Caltech, where he focused on the analysis of gene expression in the context of a laboratory focused on developing new methods for non-viral gene therapy and drug delivery.

Select Experience

  • Represented a large software and hardware company in a patent case involving wireless and disk-encryption technologies. Developed detailed litigation defense strategies on both the liability and damages sides of the case, and implemented these strategies in depositions, developing expert testimony and motion practice. After several favorable court rulings, the case settled prior to trial.
  • Represented a leading container manufacturer in several patent litigations against competitors, including multiple Federal Circuit appeals and arguments at a Markman hearing.
  • Represented a large software and hardware company in an ITC investigation involving tablet computer devices. Held primary responsibility for substantive claim construction, infringement, and validity theories for one patent. The case settled after the evidentiary hearing.
More »

Experience

  • Represented a large software and hardware company in a patent case involving wireless and disk-encryption technologies. Developed detailed litigation defense strategies on both the liability and damages sides of the case, and implemented these strategies in depositions, developing expert testimony and motion practice. After several favorable court rulings, the case settled prior to trial.
  • Represented a leading container manufacturer in several patent litigations against competitors, including multiple Federal Circuit appeals and arguments at a Markman hearing.
  • Represented a large software and hardware company in an ITC investigation involving tablet computer devices. Held primary responsibility for substantive claim construction, infringement, and validity theories for one patent. The case settled after the evidentiary hearing.
  • Represented the medical device company in a trade secret misappropriation case involving spinal implants. Developed substantive defenses and obtained a dismissal after several depositions of the plaintiff's witnesses.
  • Represented a medical device company in patent litigation against a competitor in the field of orthopedics. Developed claim construction, infringement, and invalidity theories, and co-led the team at a mediation that resulted in a settlement.
  • Represented the appellants and appellees at the Federal Circuit in six appeals from the USPTO and district courts, with responsibilities including primary brief writing. The appeals involved technologies such as pharmaceuticals, medical devices, biotechnology and packaging, as well as legal issues such as claim construction, written description, obviousness, anticipation, infringement, interference procedure and inter partes reexamination procedure.
  • Represented a large business software company defending allegations of copyright infringement and trade secret misappropriation brought by a consulting firm.
  • Represented a medical device company in patent litigation against a competitor involving stem cell technology.
  • Represented an equipment manufacturing company in patent litigation involving semiconductor processing tools.
  • Represented a pharmaceutical consulting firm in a copyright and trade secret misappropriation case against a competitor.
  • Represented a large biotechnology company in patent litigation involving therapeutic proteins.
  • Represented an analytical biotechnology company in declaratory judgment patent litigation involving imaging technology; obtained a dismissal.
  • Represented an insurance broker in trade secret misappropriation litigation against a competitor and former employee.
  • Represented a medical device company in an ITC investigation and related district court litigation against competitors involving endodontic files.
  • Represented a medical device company in trade secret misappropriation and breach of contract litigation against a former officer of the company.

Recognitions

  • The Legal Intelligencer: "Lawyers on the Fast Track" (2016)
  • Pennsylvania Super Lawyers "Rising Star" (2014 to 2016)

Memberships

  • Federal Circuit Bar Association
    • Litigation Committee
    • Litigation Skills Committee
    • Veterans Pro Bono Committee
  • Philadelphia Intellectual Property Law Association: Amicus Committee

Community

  • Foundation for Learning (FLITE): Advisory Board

Pro Bono

  • Represents veterans before the U.S. Court of Appeals for Veterans Claims, seeking to establish their entitlement to veterans' benefits and other related issues.

Services

Industries

Prior Positions

  • Served as a judicial clerk at the Federal Circuit for Judge Moore (2008 to 2009)
  • Mobil Technology Company: Research and Co-Op Engineer (1997 and 1998)

Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Middle District of Pennsylvania
  • U.S. Patent and Trademark Office, Registration No. 54,329
  • U.S. Supreme Court
  • Pennsylvania

Education

  • J.D., Harvard Law School, 2007, cum laude; Editor-in-Chief, Harvard Journal of Law & Technology
  • Ph.D., Chemical Engineering, California Institute of Technology, 2004, National Science Foundation Graduate Research Fellowship
  • B.S., Chemical Engineering, Cornell University, 1999, summa cum laude, Degree Marshal for College of Engineering, Merrill Presidential Scholar