John R. Gibson

Representative Matters

• Dali Wireless, Inc. v. AT&T Corp., et al., 2:22-cv-12 (E.D. Tex.), Dali Wireless, Inc. v. Cellco Partnership, et al., 2:22-cv-414 (W.D. Tex.), Dali Wireless, Inc. v. T-Mobile US, Inc., et al., 2:22-cv-414 (E.D. Tex.). Served as lead counsel for Ericsson in several related matters defending clients’ small cell products from wide-ranging patent litigation campaign brought by former operating entity against wireless carriers and their vendors.

• Pre-litigation resolution of patent infringement allegations involving client’s infrastructure products. Entity asserted infringement of over two dozen 4G LTE and 5G standards-essential patents. Led team in analyzing infringement and invalidity issues, and in negotiating settlement. Worked with client’s counsel in the United States and abroad.

• Defended SonicWall, a cybersecurity company, in a patent infringement action in which the Plaintiff sought over $100 million in damages. Led damages team that successfully argued in favor of excluding Plaintiff’s apportionment expert, which decision was affirmed on appeal. Finjan LLC v. SonicWall, Inc., 84 F.4th 963 (Fed. Cir. 2023).

• Represents several telecommunication companies, handling all damages and willfulness-related issues, and precluding willfulness from being brought into the cases.

• Centripetal Networks, Inc. v. Cisco Sys. Inc., 2:18-cv-94-HCM-LRL (E.D. Va.) Representing Cisco Systems, Inc. in a multi-patent infringement lawsuit brought by Centripetal Networks regarding cyber technology and network security.

• Ramot at Tel Aviv University Ltd. v. Cisco Systems, Inc. (E.D. Tex.). Defends Cisco in an ongoing patent infringement matter involving optical communication technology. 

• Finjan, Inc. v. Cisco Sys., Inc., 5:17-cv-72-BLF (N.D. Cal.) Represented Cisco Systems in a five patent infringement action alleging Cisco infringed five of Finjan, Inc.’s patents.

• Represented Cisco Systems in a seven patent infringement action concerning 40G and 100G optical fiber communications equipment. Plaintiff withdrew six of the seven patents from the case after claim construction and other victories. Secured summary judgment on a release defense for the final patent, which was affirmed by the Federal Circuit. Oyster Optics, LLC v. Coriant Am. Inc., 2:16-cv-01302-JRG (E.D. Tex. Dec. 4, 2018) (Dkt. 864).

• Represented Palo Alto Networks—a leader in network security and a Fortune Future 50 company—in a six patent infringement action concerning identification of applications by Palo Alto Networks’ network firewall equipment. Plaintiff Implicit LLC was seeking nearly $100 million in damages, plus treble damages due to alleged willful infringement, but Implicit withdrew four of the patents, and the parties ultimately resolved the litigation, to the client’s satisfaction, prior to trial. Implicit LLC v. Palo Alto Networks, Inc., 6:17-cv-336 (E.D. Tex.) (J. Gilstrap)

• Zen Design Group Ltd. v. Scholastic Inc., Case No. 2:16-cv-12936-RHC-EAS (E.D. Mich. 2016). Defended Scholastic in patent infringement action involving ultra-violet pen-lights utilizing invisible ink that fluoresces under ultra-violet light.

• Represents a Fortune 100 computer networking company in numerous patent litigation matters, including cases involving: (i) wireless modems, which resulted in summary judgment of non-infringement; (ii) broadband routers, which resulted in a stipulated judgment of non-infringement following a favorable Markman decision; (iii) SPAM filtering, which resulted in summary judgment of non-infringement (affirmed without opinion by Federal Circuit) and award of certain e-discovery costs; (iv) optical networking; and (v) network security.

• Represents global cybersecurity leader in patent infringement matter.

• Represents multinational networking and telecommunications company in patent infringement matters.

• Represents major children's book publisher in patent litigation matters.

• Court-appointed liaison counsel on behalf of dozens of defendants in multi-district patent litigation regarding messaging systems, which resulted in summary affirmance by the Federal Circuit of non-infringement and an award of attorneys’ fees.

• Represented internet service provider in various patent litigation matters involving email, search provider technology, and others.

• Successfully represented storage company in several matters brought by NPEs, resulting in dismissal with no payment.

• Successfully represented optical networking companies in patent litigation matter related to optical networking terminals.

• Successfully represented a major mobile network operator in numerous patent litigation matters related to VoIP telephony, which resulted in dismissal following successful inter partes reexamination, and wireless modems, which resulted in a settlement that the client found favorable.

• Represents international fashion brand in trademark infringement and unfair competition cases.

• Successfully represented global medical device company against request for preliminary injunction brought by competitor alleging various counts including misappropriation of trade secrets (including under the Defend Trade Secrets Act), tortious interference with business relations, and breach of confidentiality and non-solicitation provisions.

• Represented a major cable operator in patent litigation brought by a competitor involving VoIP telephony, which resulted in a favorable jury decision of invalidity and non-infringement.

• Represented Fortune 500 semiconductor company in patent litigation matters involving signal filtering, which resulted in settlement on favorable terms to the client.

• Represented leading provider of food, facilities management, and uniform in patent litigation matter involving click-to-chat and click-to-call functionality, which resulted in dismissal following settlement with the service provider.

• Successfully represented leading local investigative reporting team in defense of libel allegations, which resulted in summary judgment and affirmance by the Georgia Court of Appeals.

• Successfully represented emergency physicians practice group in defense of action brought by former shareholder, resulting in grant of summary judgment and the recovery of significant attorneys’ fees.

• Represented nationally recognized individual in defense of libel allegations stemming from publication of book and other public comments.

• Represented individual in defense of libel, false light, and tortious interference claims stemming from online review of business on Kudzu.com.

• Regularly represents national HVAC company in litigation.

• Obtained on behalf of emergency physician practice group Northside Emergency Associates a ruling in the State Court of Fulton County, Georgia, granting summary judgment as to all claims asserted by a former shareholder and employee against NEA and the individually-named physicians, including breach of contract, breach of fiduciary duties, retaliatory discharge under the federal EMTALA statute, fraudulent inducement, slander, conversion, tortious interference, intentional infliction of emotional distress, and violations of Georgia corporate law.

Exemplary Reported Decisions

• Finjan LLC v. SonicWall, Inc., 84 F.4th 963 (Fed. Cir. 2023) (representing SonicWall, Inc.)

• Dali Wireless, Inc. v. Ericsson Inc., No. 6:22-cv-01313-ADA, 2023 U.S. Dist. LEXIS 15774 (W.D. Tex. Jan. 30, 2023) (representing Ericsson Inc.).

• TOT Power Control, S.C. v. AT&T Mobility LLC, No. 6:21-cv-00107-ADA, 2021 U.S. Dist. LEXIS 195476 (W.D. Tex.) (representing Ericsson Inc.)

• Vir2us, Inc. v. Cisco Systems, Inc., No. 1:16-cv-01095, 2016 WL 9175603 (E.D. Va. Dec. 2, 2016) (representing Cisco Systems, Inc.).
• EON Corp. IP Holdings LLC v. Cisco Systems, Inc., 595 F. App’x 991 (Fed. Cir. 2015) (representing Cisco Systems, Inc.).
• American Radio LLC v. Qualcomm Inc., 578 F. App’x 975 (Fed. Cir. 2015) (representing Cisco Systems, Inc.)
• CBT Flint Partners, LLC v. Return Path, Inc., et al., 737 F.3d 1320 (Fed. Cir. 2013) (representing Cisco IronPort Systems, LLC).
• CBT Flint Partners, LLC v. Return Path, Inc., et al., 501 F. App'x 980 (Fed. Cir. 2013) (representing Cisco IronPort Systems, LLC).
• American Radio, LLC v. Cisco Systems, Inc., No. CV-12-5909-MRP, 2013 WL 3270404 (C.D. Cal. 2013) (representing Cisco Systems, Inc.).
• Bear Creek Technologies, Inc. v. RCN Communications, et al., No. 2:11cv103, 2011 WL 3626787 (E.D. Va. Aug. 17, 2011) (representing T-Mobile USA, Inc.).
• In re Bear Creek Technologies, Inc. ('722) Patent Litig., 858 F. Supp. 2d 1375 (J.P.M.L. 2012) (representing T-Mobile USA, Inc.).
• Griffin v. State Bank of Cochran, 312 Ga. App. 87, 718 S.E.2d 35 (2011) (representing State Bank of Cochran).
• Tri-County Towing & Recovery v. BellSouth Advertising & Publishing Corp., No. 1:10-cv-517-RWS, 2011 WL 1497384 (N.D. Ga. Apr. 19, 2011) (representing BellSouth).

Pro Bono

• Regularly represents veterans in appeals before the United States Court of Appeals for Veterans Claims.

• Represented three individuals detained at Guantanamo Bay, resulting in the transfer of two of the individuals to third-party countries.

• Regularly represents local clients in landlord-tenant matters in conjunction with the Atlanta Volunteer Lawyers Foundation.

Admissions

• Georgia
• Virginia
• Supreme Court of Georgia
• Supreme Court of Virginia
• U.S. Court of Appeals for the Fourth Circuit
• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Appeals for the District of Columbia Circuit
• U.S. Court of Appeals for Veterans Claims
• U.S. District Court for the Northern District of Georgia
• U.S. District Court for the Eastern District of Virginia
• U.S. District Court for the Eastern District of Texas
• U.S. District Court for the District of Colorado
• U.S. District Court for the Eastern District of Michigan

Education

• The University of Alabama School of Law, J.D., magna cum laude, 2006
• University of North Carolina at Chapel Hill, B.A., 2003

Experience

• Duane Morris LLP
  - Partner, 2018-present
  - Associate, 2011-2017

• Kilpatrick Townsend & Stockton LLP
  - Associate, 2007-2011
• U.S. District Court for the Eastern District of Virginia
  - Judicial Clerk to the Hon. Leonie M. Brinkema, 2006-2007

Honors and Awards

• Listed in IAM Patent 1000: The World's Leading Patent Professionals, 2023 and 2024
• Listed in Best Lawyers in America, 2021-2024

• Listed in Georgia Super Lawyer Rising Stars

• Member, 2014 Managing Intellectual Property North America Awards: Top Patent Litigation Practice in the Southern United States
• Co-recipient of Cisco's 2011 Litigation Law Firm of Year Award
• 2008 Kilpatrick Stockton LLP Pro Bono Associate of the Year

Civic and Charitable Activities

• Director and Reading Mentor, Everybody Wins! Atlanta

• Member, 2014 MS Leadership Class, Georgia Chapter of the National MS Society
• Coach, Inter Atlanta FC (Recreational)

Selected Publications

• Featured, "Mentorship Changes the Game in Early Childhood and Elementary Education," Triple Pundit, August 12, 2019

• Co-author, "Zombie Companies: When Businesses Die, Their Patents Live On [AT ISSUE]," Daily Report, August 11, 2015