John Presper
Direct: 202-822-4111
Email: jpresper@fostermurphy.com
John Presper is a registered patent attorney whose practice focuses on representing domestic and foreign clients in Section 337 investigations before the U.S. International Trade Commission (ITC). He was most recently a member of the winning ITC trial teams in Certain Thermoplastic-Encapsulated Electric Motors (Inv. Nos. 337-TA-1052 and 337-TA-1073), Certain Windscreen Wipers (Inv. No. 337-TA-964) and Certain Windshield Wipers (Inv. No. 337-TA-928/937).
Prior to joining Foster Murphy, Mr. Presper was a partner at Oblon, McClelland, Maier & Neustadt, an intellectual property boutique in Alexandria, Virginia, where he litigated cases in the ITC, district court, and the USPTO involving such diverse technologies as medical devices, polymers, optics, automotive powertrains, communications protocols, and smartphones.
Following law school, Mr. Presper was a clerk to the Honorable Thomas P. Smith of the United States District Court for the District of Connecticut.
Rankings and Recognition
- Martindale-Hubbell® AV Preeminent™
Professional and Community Involvement
- ITC Trial Lawyers Association
- Federal Circuit Bar Association
- American Bar Association
- American Intellectual Property Law Association
Court Admissions
- United States Court of Appeals for the Federal Circuit
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
- United States District Court for the District of Connecticut
- United States District Court for the Eastern District of Michigan
- United States District Court for the Western District of Michigan
- Supreme Court
Education
- J.D., University of Connecticut School of law, 2003
- B.S. (Chemical Engineering), Bucknell University, 1997
Bar Admissions
- District of Columbia
- New York
- Connecticut
- U.S. Patent and Trademark Office
Selected Publications
- Co-Author, “The Pros and Cons of Asserting U.S. Patents Against Foreign Companies”, IP Litigator (June 2, 2021)
- Co-Author, “Section 101 Arguments on the Rise at ITC”, IP Law360 (Jan. 6, 2017)
- Co-Author, The Supreme Court on Patent Law, Ch. 4 (Claim Construction),
Wolters Kluwer (March 2014) - Co-Author, “The U.S. International Trade Commission and Intellectual
Property Litigation”, E-Commerce Law & Policy, Vol. 14, Issue 8 (Aug. 2012) - “Copyright Restoration Under § 104A: Rethinking Copyright Law’s First Amendment Immunity”, 18 Conn. J. Int’l L. 431 (2002)
Representative Engagements
- Certain Hazelnuts, Inv. No. 337-TA-1337 (Pratum Farm v. Balsu et al.). Successfully represented Balsu respondents against allegations of false advertising by complainant Pratum Farm. Complainant withdrew the complaint and investigation was terminated during discovery phase.
- Thermoplastic-Encapsulated Electric Motors, Inv. Nos. 337-TA-1052 and 337-TA- 1073 (Intellectual Ventures II v. Aisin Seiki, Toyota, Honda, et al.). Successfully represented Aisin Seiki respondents against allegations of patent infringement by IV. The 1052 investigation was terminated on summary determination due to complainant’s lack of standing. After IV filed a nearly identical complaint in the 1073 investigation, no violation was found based on a finding of no domestic industry.
- Certain Windscreen Wipers, Inv. No. 337-TA-964 (Trico v. Valeo). Successfully represented respondent Valeo against complainant Trico in charges of patent infringement involving windscreen wipers. The investigation settled favorably during trial.
- Certain Windshield Wipers, Inv. No. 337-TA-928/937 (Valeo v. Federal-Mogul and Trico). Successfully represented complainant Valeo against respondents Federal-Mogul and Trico in charges of patent infringement involving windshield wiper connectors. After settling favorably against Federal-Mogul, Valeo obtained a limited exclusion order against Trico.