John D. Vandenberg

Partner

Portland Office

503.473.0853

Overview

For 33 years, John has been litigating patents around the country for technology clients including Microsoft, SAP, eBay, Nautilus, and Mentor Graphics.

Supreme Court and Courts of Appeals: John has argued a dozen appeals before the Court of Appeals for the Federal Circuit. He successfully argued before the Supreme Court of the United States in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, for rejection of the Federal Circuit’s “insolubly ambiguous” and “amenable to construction” test for enforcing the Patent Act’s mandate that patent claims “particularly point[] out and distinctly claim[]” the patent’s invention.

Court Trials: John has first-chair tried patent infringement suits, copyright infringement suits, trademark infringement suits, and product-configuration trade dress suits. Most recently, he and a team at Klarquist obtained an $8.42 Million jury verdict in a false advertising action.

PTAB Trials: John has been lead counsel in Patent Office trial proceedings.

Patent-Law Training and Advocacy: Since 2004, John has been the primary editor of an extensive summary of substantive defenses and related strategies in patent infringement suits, posted at www.patentdefenses.com. He speaks throughout the nation on patent law, district-court patent litigation, PTAB patent trials, and patent appellate practice. He emphasizes untraditional approaches to successfully defending against a patent infringement suit while improving the law and patent system in the process. To the same end, he has authored many Amici briefs in the U.S. Supreme Court and the Federal Circuit on behalf of scores of technology companies and associations.

John joined Klarquist in 1989 as an associate and became partner in 1991.

Education
Admissions
Practice Areas
Technologies
Professional Experience
Professional Activities
Honors & Awards
Presentations & Publications
Articles Authored
Amici Briefs

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