John F. Murphy

Partner

Philadelphia
T +1.215.564.1603
F +1.215.568.3439

Overview

John Murphy is a seasoned IP litigator and strategist. He focuses on litigation through trial and appeal, and applies those lessons to help guide clients through every phase of the IP life cycle, from research and development through product launch, portfolio development, licensing, transactions and enforcement.

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, the Patent Trial and Appeal Board, arbitration panels and mediators. His representations have involved a variety of technologies, including orthopedic medical devices and materials, chemical and biological therapeutics, smartphones and tablets, semiconductor manufacturing, telecommunications, specialty chemicals and materials, 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 Chief Judge Kimberly A. Moore and Emory Law Vice Provost 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.

Experience

  • Lead counsel for an international Fortune 500 manufacturer in several patent litigations against competitors, including multiple Federal Circuit appeals, Federal Circuit oral argument, arguments at multiple Markman hearings, arguments at summary judgment hearings and arguments at other pretrial hearings.

  • Represented a software developer in a four-week trial in the Northern District of Illinois, including cross-examination, jury instructions, motions in limine and arguments throughout trial. Jury rendered verdict in favor of client.

  • Defended a tablet and smartphone manufacturer against a complaint for patent infringement of 91 claims of eight patents filed in the Eastern District of Virginia. Successfully moved to transfer and stay the case, and argued series of IPRs through final judgment of invalidity of all 91 asserted claims.

  • Defeated petition for an IPR on client’s patent in the field of specialty chemicals.

  • Defeated petition for an IPR on client’s patent in the field of manufacturing machinery.

  • On behalf of a green energy company, successfully argued an appeal from ex parte prosecution and secured allowance of key patent.

  • On behalf of a large telecommunications company, presented oral argument and defeated a motion for summary judgment of invalidity for lack of patentable subject matter.

  • Argued at Federal Circuit on behalf of international materials company on an appeal from a PTAB decision.

  • Represented an international construction materials company in patent litigation against competitor, including arguing dispositive motions.

  • Represented a leading container manufacturer in several patent litigations against competitors, including multiple Federal Circuit appeals, arguments at a Markman hearing, arguments at summary judgment hearings and arguments at other pretrial hearings.

  • Represented a diversified science and chemicals company in an interference at the Patent Office and subsequent Federal Circuit appeal against a competitor. Won numerous motions and successfully negotiated settlement during appeal.

  • Defended publicly traded e-commerce company in patent litigation against patent owner asserting over 10 patents.

  • Represented a large manufacturing company in a commercial litigation involving allegations that emission control equipment was defective. After several years of litigation, successfully reached pretrial settlement to recover essentially entire cost of equipment.

  • Represented a large manufacturer in a multi-party commercial litigation involving emissions technology.

  • 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 was settled prior to trial.

  • Represented the appellants and appellees at the Federal Circuit in more than a dozen appeals from the USPTO and district courts, with responsibilities including oral argument and primary brief writing. The appeals involved technologies such as pharmaceuticals, medical devices, materials, industrial equipment, 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 green energy company in major investment and licensing deal, including patent analysis, strategy, diligence and negotiation.

  • Advises companies across a variety of industries by providing formal and informal opinions of counsel on issues relating to patent infringement, validity and the like.

  • 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 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 and Memberships

Recognitions

  • The Legal 500 United States
    • Recommended in Intellectual Property: Patents: Litigation (Full Coverage) (2022)
  • The Legal Intelligencer: "Lawyers on the Fast Track" (2016)
  • Pennsylvania "Super Lawyer" (2021 to 2022) 
    • "Rising Star" (2014 to 2017)

Memberships

  • Federal Bar Association, Eastern District of Pennsylvania Chapter
    • Board Member
    • Government Relations Representative
  • Federal Circuit Bar Association
  • Philadelphia Intellectual Property Law Association

News

News

Press Releases

Community

  • Tredyffrin/Easttown School District Strategic Planning Committee (2013 to Present)
  • Foundation for Learning in Tredyffrin/Easttown, Advisory Board Member (2013 to 2021)

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.
  • Represents plaintiffs in civil rights cases through the Prisoner Rights Panel of the Eastern District of Pennsylvania.
  • Represents voter-rights organizations and individual voters in challenge to certification of voting machine.

Industries

Prior Positions

  • Served as a judicial clerk at the Court of Appeals Federal Circuit for Chief  U.S. Circuit Judge Moore
  • Mobil Technology Company

Admissions

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