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Education
B.S. Chemistry, University of Massachusetts (1977)
M.S. Molecular Biochemistry, Boston College (1981)
J.D., University of Oklahoma
Bar Admissions
Oklahoma 1985
Washington 2003
District Court, Northern District of Illinois Trial Bar
Seventh Circuit Court of Appeals
District Court, Western District of Washington
Ninth Circuit Court of Appeals
Court of Appeals for the Federal Circuit
U.S. Supreme Court
U.S. Court of International Trade
U.S. Patent and Trademark Office
U.S. Court of Federal Claims
(not admitted in Illinois)
Professional Profile
John P. Luther has been an intellectual property litigator for over twenty years, and has been lead counsel in such important matters as Dorr-Oliver v. Fluid-Quip, widely cited in initial interest confusion trademark infringement cases, and Xechem v. University of Texas M.D. Anderson Cancer Center, a controversial decision in which the Federal Circuit Court of Appeals ruled that a suit for correction of patent inventorship against a state university was blocked by Eleventh Amendment sovereign immunity.
Mr. Luther has recently successfully defended Delta Airlines as lead counsel in a copyright infringement case brought by Wiley Publishing in the Southern District of New York, and is currently lead defense counsel in a patent infringement case brought in the Northern District of Illinois involving batting training techniques used in Major League Baseball. A representative list of his various litigations as lead counsel and second chair is available upon request.
Mr. Luther has also authored and prosecuted many patents, both domestically and overseas, and has appeared before the Board of Patent Appeals and Interferences successfully arguing for patentability over ten times. His patent practice has been primarily in the pharmaceutical and chemical arenas, and most recently in the Internet and telecommunications arts. Prior to joining Ladas & Parry, Mr. Luther practiced with both boutique and large national firms and was Vice President and General Counsel of a start-up biopharmaceutical firm specializing in anti-cancer, anti-viral, anti-infective and anti-sickle cell anemia drugs.
REPRESENTATIVE LITIGATIONS:
CP Films, Inc. v. Solar Lunar Performance Film, 07 CV 7338, Southern District of New York; Lead counsel in trademark infringement and cybersquatting action; settled favorably for client.
Ventura Foods, LLC v. Supreme Oil Company Incorporated, 07 CV 7338, Southern District of New York; Lead counsel defending a national food products company against claims of trademark and trade dress infringement and related state causes of action; settled favorably for client after expedited discovery.
Luster Products, Inc. v. Intimate Beauty Corporation and Victoria’s Secret Catalogue, Inc., 05 CV 4527, Northern District of Illinois, 2005; Pending action for trademark infringement and related causes of action.
John Wiley & Sons, Inc. & Wiley Publishing, Inc. v. Delta Airlines, Inc., 06 CV 11424, Southern District of New York, 2007; Lead counsel representing Delta Airlines in a copyright, trademark/trade dress, unfair competition action; Obtained favorable settlement.
SRAM Corporation v. Formula S.R.L. et al., 06 C 1025, Northern District of Illinois 2006. Second chair defense counsel in pending patent infringement actions.
Conditioned Ocular Enhancement v. Bonaventura et al. Lead defense counsel in pending patent infringement action in the Northern District of Illinois, Chicago.
Xechem v. University of Texas M.D. Anderson Cancer Center et al., 382 F3d 1324 (Fed.Cir. 2004) cert. den. 161 L.ED.2d 111, 125 S.Ct.1314 (U.S. 2005). Lead counsel in declaratory judgment action to correct patent inventorship and ownership and defense of alleged patent infringement of new pharmaceutical formulations for paclitaxel-based oncology products.
Mailblocks v. Spam Arrest (W.D. Washington 2003). Defended client against alleged infringement of two spam blocking patents; plaintiff’s motion for preliminary injunction denied after convincing the court of the probable invalidity of both patents; case settled favorably for client.
Health-Partners (E.D. Pa. 1998). Lead counsel in copyright infringement and unfair competition action; obtained favorable settlement for defendant Health Partners.
ENSR Corporation v. N-Star Corporation (D.N.J. 1995). Lead counsel in action for trademark infringement, unfair competition and related state causes of action; settled favorably for trademark owner.
Geka-Brush v. Plastek (N.D. OH 1995). Lead counsel in action for patent infringement, trade dress/trademark infringement and unfair competition; Favorable settlement for client patent/trademark owner Geka-Brush.
Dorr-Olivier v. Fluid Quid 894 F. Supp. 1190 (N.D. Ill, 1995). Trademark, trade dress, unfair competition and counterfeiting litigation; obtained large damage award; one the first initial interest confusion cases in the Seventh Circuit.
Dorr-Oliver v. Fluid Quid 834 F. Supp. 1008 (N.D. Ill, 1993). Lead counsel in trademark, trade dress, unfair competition and counterfeiting litigation; denial of defendant’s motion for summary judgment to eliminate damage award; district court and subsequently 7th Circuit adopted proposed test for determination of generic trademarks.
Dorr-Oliver v. Pic-Tec, Inc. (N.D. Ill, 1993). Lead counsel in trademark, trade dress, unfair competition and counterfeiting litigation for infringement of client’s large-scale corn processing machinery; case settled favorably for client Dorr-Oliver.
Advanced Telecommunication Network v. American Telnet, Inc. (D.C. N.J. 1997). Second chair in defending unfair competition and trademark infringement action; settled.
CITA Americas, Inc. v. Lance L. Gooberman, M.D., et al. (N.J. Superior Ct. 1996). Second chair in defending trademark infringement, unfair competition and trade secret theft action; case partially dismissed during discovery and remaining counts withdrawn.
U.S. v. Hsu (E.D. PA 1997). Assisted in defending client against allegations of attempted trade secret theft and conspiracy to steal trade secrets related to spore production of paclitaxel-containing compounds; settled.
Pineapple Grove Designs V. Chemcrest Corporation, Ltd. (S.D. N.Y. 1998). Assisted in defending client against alleged copyright infringement and unfair competition; settled. |
