John J. Cotter

ZipBy USA v. Parzych (D. Mass.). Won jury trial for plaintiff ZipBy on claims of breach of NDA, trade secret misappropriation, trademark infringement, and breach of fiduciary duty against its former president; the court entered final judgment for ZipBy of US$4.3 million, including attorney fees.

Marquis ProCap v. Novozymes North America (C.D. Ill.). Tried case to judgment fully in client Novozymes’ favor. The trial court denied plaintiff’s claim for a permanent injunction based on alleged misappropriation of trade secrets and breach of NDA, finding that two of the plaintiff’s three alleged trade secrets for high-protein animal feed production were not kept secret and the third was not specific enough to be protected. The court also found that Novozymes did not disclose or threaten to disclose any of the alleged trade secrets or proprietary information.

MOAEC, Inc. v. Napster, LLC (W.D. Wis.). Obtained summary judgment of patent non-infringement for digital music service Napster.

Community Arts Advocates v. City of Boston (D. Mass.). Brought action seeking preliminary injunction on behalf of street performers’ and musicians’ group to invalidate City of Boston regulations restricting members’ First Amendment rights to perform in public spaces. After hearing, the City rescinded its unconstitutional regulations and instituted constitutional regulations.

Du Pont and C.R. Bard v. Cordis (AAA Arbitration). Represented patent owner Du Pont in patent infringement case arbitrated before Fed. Cir. Judge (ret.) Howard Baldwin involving balloon catheter technology.

Arrow Fastener v. The Stanley Works (D. Conn.). Represented plaintiff Arrow Fastener in trial for Stanley’s infringement of Arrow’s T-50 trademark for staple guns. Trial judgment for Arrow.

France Telecom v. RSA Security (International Chamber of Commerce, International Court of Arbitration). Represented RSA Security in arbitration for alleged patent infringement and unpaid license royalties on patent for encryption technology.

Digital Privacy, Inc. v. RSA Security, Inc. (E.D. Va.). Obtained summary judgment of patent non-infringement for RSA Security.

Massachusetts Eye and Ear Infirmary v. QLT Phototherapeutics, Inc. (D. Mass.). Represented Mass. Eye and Ear in patent portfolio development strategy for age-related macular degeneration surgical procedure and filed patent license action that resulted in significant royalty payment to Mass. Eye and Ear.

eBay, Inc. v. Bidder’s Edge, Inc. (N.D. Cal.). Represented Bidder’s Edge in case involving issue of first impression regarding alleged trespass to chattels based on web crawling and antitrust counterclaims against eBay.

PUMA AG and PUMA North America v. Payless Shoesource (D. Mass.). Asserted PUMA’s form stripe trade dress in running shoe against infringer.

Tower Manufacturing Company v. Shanghai ELE Mfg. Co. (D. R.I. and S.D.N.Y.). Represented designer of safety circuits in patent infringement action against infringer.

Technology Research Corporation v. Tower Manufacturing Corporation and Fedders Corporation (M.D. Fla.). Defended Tower Manufacturing and Fedders in patent infringement case involving fault-tolerant circuits. Settled after two-day hearing and Markman/summary judgment order.

Kozam and Datasci v. Phase Forward Incorporated (D. Md.). Defended leading maker of clinical trial software for collecting clinical trial data and FDA submission. Case settled after Markman and summary judgment hearing and orders.

Instrumentation Laboratory v. Diamond Diagnostics (D. Mass.). Represented Instrumentation Laboratory in suit asserting infringement by Diamond Diagnostics’ own blood-testing machine and infringement and counterfeiting by Diamond’s unauthorized refurbishment and resale of used Instrumentation Laboratory critical care machines.

Convera Corporation v. Autonomy (E.D. Va). Represented Convera in trade secret and breach of contract action.

Walker v. AMVAC Chemical Company (M.D. Tenn., C.D. Cal.). Defended AMVAC in inventorship and royalty dispute relating to AMVAC’s patent for an herbicide. Case settled after AMVAC obtained favorable order.

Loken-Flack, LLC v. Novozymes Bioag, Inc. (D. Colo., Fed. Cir., USPTO PTAB). Obtained summary judgment of correct inventorship for defendant Novozymes regarding Novozymes' patent for a crop treatment compound. Affirmed on appeal. Also obtained judgment of correct inventorship in PTAB interference.

Knopp Neurosciences Inc. v. Biogen Idec (D. Mass.) Represented Knopp in a patent license and breach of R&D contract action involving Knopp’s and Biogen’s joint development of dexpramipexole for treating ALS.

CVS v. Lavin (First Cir.). Argued for appellant John Lavin in appeal of preliminary injunction enjoining him from employment at online retail pharmacy PillPack LLC.

Alnylam Pharmaceuticals, Inc. v. Silence Therapeutics plc (D. Mass.). Represented Alnylam in seeking declaratory judgment of non-infringement of five Silence Therapeutics patents by Alnylam’s RNAi therapeutic ONPATTRO™ (patisiran).

G. Pohl-Boskamp GmbH v. Perrigo (D. Mass.). Asserted German pharmaceutical maker Pohl-Boskamp’s nitrolingual pumpspray trade dress against generic manufacturer.

G. Pohl-Boskamp GmbH v. Akrimax (D. Mass.). Asserted German pharmaceutical maker Pohl-Boskamp’s nitrolingual pumpspray trade dress and copyrights against competitor and generic manufacturer.

Accusoft Corporation v. Quest Diagnostics, Inc. (D. Mass.). Defended Quest Diagnostics and its software subsidiary in software copyright and license royalty dispute. Case settled after obtaining partial summary judgment for Quest.

Source Search Technology v. KAYAK Software Corporation (D. N.J., Fed. Cir.). Defended online travel provider KAYAK in patent infringement suit involving travel services software systems. Obtained partial summary judgment of patent invalidity and non-infringement, final summary judgment of patent ineligibility, exceptional case order, and substantial fee award. Affirmed on appeal.

Meddaugh v. WGBH Educational Foundation (Mass. Superior Ct., Mass. App. Ct.). Tried case to judgment for defendant WGBH against claims that WGBH owed US$19 million in allegedly unpaid royalties for animated TV series based on children’s books by author Susan Meddaugh. After trial, the court entered judgment of no actual damages and US$100 in nominal damages. Affirmed on appeal.

Gammino v. Sprint (E.D. Pa., Fed. Cir.). Defended Sprint Nextel Corporation in patent infringement case involving telephone switching systems. After winning partial summary judgment and favorable Markman order for Sprint, plaintiff agreed to final judgment of non-infringement. Affirmed on appeal.

Defended clients such as Cedar Electronics; Alera Group, Inc; and other insurance, financial services, and industrial entities in patent infringement cases brought by non-practicing entities.

Represented Ansys, Inc. in enforcing copyrights and license terms for Ansys’ engineering simulation software for product design, testing, and operation in the N.D. Cal., S. D. Cal., W.D. Tex., and W.D. Wis.

In re Akoustis, Inc. (D. Del. Bkrtcy.). Represented debtors in Chapter 11 bankruptcy case to ensure debtors’ compliance with district court’s post-trial permanent injunction and bankruptcy court’s related order requiring identification and removal of competitor’s semiconductor trade secrets from debtors’ computer systems and manufacturing and test equipment. Presented debtors’ experts and cross-examined competitor’s experts at multiday evidentiary hearings on debtors’ compliance with injunction and order.

Represents colleges and universities such as North Carolina State University and Wentworth Institute of Technology in patent and intellectual property matters.