John D.Kinton

Partner

(T) 1.858.314.1190

John Kinton is a 20-year trial lawyer who focuses on complex, cross-border intellectual property and technology disputes. As a U.S. lawyer and a UK solicitor, John represents clients in patent infringement proceedings, trade secret misappropriation cases, and technology litigation around the globe. He has handled cases in U.S. District Courts, California state courts, the U.S. International Trade Commission (ITC), USPTO Patent Trademark and Appeal Board (PTAB), as well as courts in the United Kingdom, Germany, Norway, Canada, and Brazil.

John recently represented Qualcomm in a lawsuit asserting trade secret misappropriation and breach of contract claims against Apple. In April 2019, Qualcomm and Apple reached a global settlement that included payment by Apple to Qualcomm, a six-year license agreement with a two-year option to extend, and a multiyear chipset supply agreement.

In 2016, John was a member of the trial team that achieved the record-breaking $2.54 billion damages verdict for Idenix Pharmaceuticals (a subsidiary of Merck & Co.) in its lawsuit against Gilead Sciences for infringement of an Idenix patent related to the treatment of patients with hepatitis C virus (HCV) infection.

John has experience with a wide range of technologies, including telecommunication systems, computer software, computer hardware, pharmaceuticals, medical devices, semiconductors, aircraft seating systems, and water treatment systems. He also has handled cases involving standards organizations, including patents related to the 3GPP, CDMA, h.264, MPEG, JPEG, and JEDEC standards.

Representative clients include Agilent, CareFusion, General Electric, Hoist Fitness Systems, Idenix Pharmaceuticals, Kodak, Kyocera, Lexar, Merck, Micron, Motorola, Qualcomm, and Virgin Atlantic Airways.

Experience

  • Qualcomm defeats series of appellate writs by Apple in trade secret litigationJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. at the California Court of Appeal's Fourth District in opposing a series of three petitions for writ of mandate or prohibition brought by Apple Inc.
  • Qualcomm pursues trade secret and contract claims asserting Apple's misuse of Qualcomm's trade secret software and source codeJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. in a lawsuit asserting trade secret misappropriation and breach of contract claims against Apple Inc.
  • Idenix wins $2.54 billion jury verdict in Gilead patent dispute involving hepatitis C drugsAfter a nine day trial and less than two hours of jury deliberation, Jones Day, on behalf of Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co.), won the largest patent infringement verdict in U.S. history to date, involving a multi-billion dollar patent dispute with Gilead Sciences Inc. over sofosbuvir, the active ingredient in Gilead’s hepatitis C drugs Sovaldi® and Harvoni®.
  • Idenix defends nucleoside analogue patent in Norway appeal against GileadJones Day represents Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in an appeal related to the validity of an Idenix patent covering nucleoside analogs and prodrugs.
  • Idenix challenges Gilead's patent rights to Sovaldi® (sofosbuvir)Jones Day represents Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in patent interference against Gilead.
  • Idenix challenges Gilead's patent rights to methods of treating HCV with Sovaldi® (sofosbuvir)Jones Day represents Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in a patent interference against Gilead.
  • Idenix defends nucleoside analogue patent in EPO opposition against five opponentsJones Day represents Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in opposition proceedings before the EPO related to Idenix patent covering nucleoside analogs and prodrugs.
  • Kyocera protects its cellular phones against voice-control patent infringement allegationsJones Day defends Kyocera Communications, Inc. against accusations that its cellular phones infringe a patent allegedly relating to controlling a computer using voice commands and associative searching techniques.
  • Idenix asserts patent infringement against Gilead in UK related to Sovaldi® and Harvoni®Jones Day represents Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in the Patents Court and Court of Appeal in patent litigation against Gilead in the UK over sofosbuvir, the active ingredient in Sovaldi® and Harvoni®, Gilead's blockbuster drugs for treating Hepatitis C.
  • Micron Technology and Lexar Media successfully resolve ITC patent disputeJones Day successfully represented Micron Technology, Inc. and Lexar Media, Inc. as U.S. respondents in a patent infringement investigation.
  • Speaking Engagements

    • June 2019
      Artificial Intelligence: Emerging Issues and Strategic IP Protection
    • January 20, 2016
      Recent Developments in IP Law and Their Implications
    • June 2013
      Federal Circuit Update: Significant Patent Cases in the First Half of 2013
    • August 7, 2012
      A New World (Patent) Order - How the U.S. Patent Reform Act (AIA) Compares with European Patent Regulations, Jones Day IP Roundtable
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