John R. Gibson

Partner

  • John R. Gibson
  • Phone: +1 404 253 6934
    Fax: +1 404 745 0863

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  • Duane Morris LLP
    1075 Peachtree Street NE, Suite 2000
    Atlanta, GA 30309-3929
    USA

John R. Gibson practices in the area of intellectual property litigation and high-stakes commercial litigation. Mr. Gibson represents leading high-technology clients in a diverse range of patent litigation matters involving nearly all aspects of telecommunications—including fiber optics, wireless LAN systems, cellular telephony, VoIP telephony, webmail, cable and set-top boxes, and wireless chipsets, among others—and other technology fields. Mr. Gibson also regularly litigates on behalf of clients in a diverse range of complex commercial and media matters, including cases involving trade secrets, restrictive covenants, fraud, breach of contract, and defamation.

Before entering private practice, Mr. Gibson served as a judicial clerk to the Honorable Leonie M. Brinkema of the United States District Court for the Eastern District of Virginia (Alexandria Division).

Mr. Gibson is a 2006 magna cum laude graduate of the University of Alabama School of Law, where he was senior editor of the Alabama Law Review and inducted as a member of the Order of the Coif, and a 2003 graduate of the University of North Carolina at Chapel Hill.

Representative Matters

  • 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)
  • 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 the Plaintiff has appealed to the Federal Circuit. Oyster Optics, LLC v. Coriant Am. Inc. , 2:16-cv-01302-JRG (E.D. Tex. Dec. 4, 2018) (Dkt. 864).
  • Represents Cisco Systems in a five patent infringement action alleging Cisco infringes five of Finjan, Inc.’s patents.
  • Zen Design Group Ltd. V. Scholastic Inc., Case No. 2:16-cv-12936-RHC-EAS (E.D. Mich. 2016). Defending Scholastic in a 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.
  • Represents 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

  • 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

  • Georgia Super Lawyer Rising Star, 2014-2019

  • 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 Football Club (Recreational)

Selected Publications