John Schnurer is a partner in the firm's Intellectual Property Group, a member of the Firm’s Executive Committee, the co-managing partner of the firm’s Taipei office and the co-chair of the firm's Section 337 Investigations practice. He litigates and tries cases in courts throughout the country, including Section 337 investigations before the U.S. International Trade Commission (ITC), including eight jury trials and nineteen bench trials, six of which were patent trials at the ITC. In addition to handling numerous district court and state court cases, he has litigated over thirty Section 337 investigations.
He is also recognized as a premier intellectual property strategist, particularly with respect to the development and execution of global patent litigation strategies. John also provides strategic intellectual property counseling including advice on patent infringement, validity, post-grant proceedings, and large portfolio due diligence studies, whether for acquisitions, licensing, or pre-suit purposes. He achieves optimum results by partnering with his clients to devise and execute customized legal strategies that are consistent with his clients' tactical and strategic business objectives. His experience as a former electrical engineer complements his legal practice.
John also has significant experience in patent post-grant proceedings before the U.S. Patent Office under the 2011 Leahy-Smith America Invents Act (AIA) which covers post-grant review (PGR), covered business method (CBM) patent review, inter partes review (IPR), patent reexamination, supplemental examination and reissue proceedings. John has been involved in over twenty-five IPR/CBM petitions and proceedings (whether petitioner or patent owner), and has argued several of those before PTAB.
John has represented and currently represents Chinese, Korean, Japanese and Taiwanese companies in litigation, particularly patent and trade secret misappropriation cases, such as HTC, Goodix, ASUS, SK Hynix, and Largan Precision, as well as U.S. companies such as Verizon, Monolithic Power Systems, T-Mobile, Intel and Microsoft. He wins and does so cost-effectively. He was lead counsel for ASUS in three cases against IBM, one of which IBM brought before the ITC (337-TA-628)— a patent case concerning products implementing power supplies, thermal management and network address port translation. His efforts resulted in a win at trial with the initial determination finding no infringement. The Commission decided not to review the initial determination, which became final. Additionally, he was lead counsel for HTC in three cases against FlashPoint Technology, Inc., a spin-off of Apple’s Image Capture Division, two of which FlashPoint brought before the ITC (337-TA-850 and 337-TA-726). The 726 investigation concerned various camera functionalities in HTC smartphones. His efforts resulted in a win at trial, with the initial determination finding no infringement, no domestic industry and one of the patents invalid due to on-sale commercial activities. Significantly, other respondents including Nokia and RIM settled shortly before trial, and LG settled after trial but prior to the initial determination, each paying substantial licensing fees. The Commission affirmed the initial determination and also found that HTC had an implied license to practice the asserted patents for its Windows-based products. FlashPoint appealed the Commission’s determination to the U.S. Court of Appeals for the Federal Circuit, which affirmed the Commission’s decision in favor of HTC less than a week after oral arguments.
John previously served as an attorney with the U.S. Air Force and as a special assistant U.S. attorney with the Department of Justice representing the United States on a wide range of matters, including criminal, government contracts, procurement, environmental, real estate, health care, medical malpractice, taxation and international matters. John also supervised criminal trial attorneys and first-chaired numerous felony jury and bench trials and civil lawsuits involving environmental, medical malpractice and other tort causes of action.
- Listed in Chambers USA "America's Leading Lawyers" as a Recognized Practitioner: Patent in California
- Listed in Best Lawyers in America, 2018 - present
- Listed as “Top 50” lawyers in San Diego in Super Lawyers Corporate Counsel Edition, 2017
- Listed as a "California Super Lawyer" in the area of Intellectual Property Litigation in Super Lawyers Corporate Counsel Edition, 2009 - 2018
- Listed in Benchmark Litigation’s Guide to America’s Leading Litigation Firms and Attorneys as a Future Litigation Star
- Recognized as an IP Star by Managing IP, 2013 - present
- Listed in Intellectual Asset Management Patent 1000, Litigation Bronze Band, 2012 - present
- Named "Top 75 Intellectual Property Litigators in California," in the San Francisco and Los Angeles Daily Journals, 2011
- Named "Top Intellectual Property Attorney" in the San Diego Daily Transcript, 2007, 2008, 2010 and 2012
- ITC Trial Lawyers Association, Member
- San Diego Intellectual Property Law Association, Member
- Fish & Richardson, San Diego, CA, Principal, 2004 - 2010
- Fish & Richardson, San Diego, CA, Associate, 2001 - 2003
- U.S. Air Force and Department of Justice, 1997 - 2001
- Advanced Linear Devices, Electrical Engineer (low-voltage high-speed analog integrated circuits), 1993 - 1996