T: 248-433-7262
F: 844-670-6009

Education

University of Michigan

B.S., 1989

Detroit College of Law

J.D., 1992
  • cum laude
  • Law Review, Case Note Editor
  • Moot Court, Oral Advocate and Team Coach

Bar Admission

Michigan

John S. Artz

Member

Overview

John S. Artz, a partner with Dickinson Wright PLLC has more than twenty five years of experience and practices in all areas of intellectual property litigation. He also has extensive experience with the acquisition, management, and prosecution of patent, trademark, copyright, and trade secret assets. He serves and has served as lead counsel for many companies in federal courts across the country, including the Federal Circuit Court of Appeals. John also has served as lead counsel in 25+ IPRs before the Patent Office and appeared before the U.S. Supreme Court in the seminal TrafFix Devices, Inc. v. Marketing Displays, Inc., which addresses the interplay between patent and trade dress rights.

John has been recognized as a leader in the field of intellectual property by Chambers USA. He has also been named an IP Star by Managing Intellectual Property in 2016 and 2017 as well as a D Business Magazine Top Lawyer in 2013, 2016 and 2017. John is a co-chair of Dickinson Wright’s Intellectual Property Litigation Group. John is a past President of the Michigan Intellectual Property Law Association and is currently a co-chair of the Intellectual Property Section of the Federal Bar Association for the Eastern District of Michigan.

John recently served as lead trial counsel in a four-week bench trial in the Court of Federal Claims resulting in a finding of patent infringement and damages against the U.S. Government. He also recently prevailed on Summary Judgment against a $20 Million patent infringement claim relating to consumer products brought against one of his clients.

He has worked in such diverse technologies as materials processing, sporting goods, energy management products and systems, medical implants, automotive products, consumer products, and lasers.

Prominent Assignments

Served as lead trial counsel in a four-week bench trial in the Court of Federal Claims resulting in a finding of patent infringement and damages against the U.S. Government.

Prevailed on Summary Judgment against a $20 Million patent infringement claim relating to consumer products brought against one of his clients.

Lead counsel for Allure Energy, Inc. in action against Nest Labs, Inc. (a subsidiary of Google, inc.) in the E.D. Tex. involving alleged infringement of three patents relating to smart thermostats. A very favorable settlement for our client was reached on eve of trial.

Lead counsel for patent hold Hitkansut LLC in action against Oak Ridge National Laboratory in the U.S. Court of claims involving stress relief methods for metal parts. Case tried to the Court. Awaiting final decision.

Lead counsel for Lacks Home Products LLC in patent infringement action against Home Depot pending in E.D. Mich. Involving claims for breach of contract, design patent infringement and unfair competition arising from a settlement agreement and license agreement entered into by the parties to resolve a prior litigation.

Lead counsel for defendant Idea Village Products Corp. in patent, trademark, and trade dress infringement actions. Expert discovery ongoing.

Lead counsel for defendant Allmark Doors, Inc. in action brought by Competitor for patent infringement and unfair competition. Case dismissed with prejudice by Plaintiff near close of discovery.

Lead counsel for alleged infringers Aqua Chempacs, LLC and Simoniz USA, Inc. in patent and trademark infringement action relating to water soluble packaging solutions in the Eastern District of Pennsylvania; case dismissed with prejudice by plaintiff after close of discovery.

Lead counsel for CompositeSmart LLC in trade secret misappropriation and trademark infringement action brought by Garrison Dental Solutions LLC involving dental products in the Western District of Michigan; case settled favorably.

Lead counsel for The Cold Heading Co. in trademark infringement action brought against B&D Thread Rolling, Inc. relating to fasteners in the Eastern District of Michigan; case settled after preliminary injunction proceedings.

Co-counsel for Federal-Mogul Corporation in patent infringement action brought by patent owner Rally Manufacturing, Inc. in the Southern District of Florida; after Markman hearing summary judgment of non-infringement granted.

Represented patent holder Federal-Mogul Corporation in patent infringement action brought against Mahle GmbH relating to friction welded steel pistons for diesel engines in the Eastern District of Michigan; case settled after preliminary injunction proceedings.

Lead counsel for Affinity Tool Works, L.L.C. brought by patent holder Eugene Emerson relating to clamp fixtures in the Central District of California; case settled after one of the patents which was the subject of the lawsuit was invalidated in reexamination.

Represented patent holder IMRA America, Inc. in patent infringement action relating to fiber optic lasers with damage claim in excess of tens of millions of dollars in the Eastern District of Michigan; case proceeded to jury trial with a verdict on issue of infringement.

Lead counsel for patent holder Lacks Industries, Inc. in action brought against competitor for infringement of ten patents related to vehicle wheel claddings; case settled after Markman claim construction hearing.

Lead counsel for alleged infringer Astro-Turf, LLC in patent infringement action brought by competitor/patent owner related to synthetic sports fields; successfully defeated motions for temporary restraining order and preliminary injunction at outset of case.

Lead counsel for inventor in multi-million dollar quiet-title and trade secret misappropriation action brought by former employer RheTech, Inc. relating to invention for wood flour and polyolefin compounds; favorably resolved action on eve of Arbitration.

Lead counsel for alleged infringer American Dryer, Inc. in patent, trademark, and copyright infringement action brought by competitor Excel Dryer relating to high speed hand dryers in the District of Massachusetts; successfully secured dismissal of infringement claims as to both patents in suit as well as to trademark and copyright claims.

Co-counsel for patent holder Mirror Lite Co. in patent infringement action against competitor related to school bus mirrors and, after Bench trial (after securing reversals from the Federal Circuit of two separate district court decisions), received a ruling of infringement and a damage award in excess of one million dollars.

Responsible for developing and implementing design patent strategy for automotive OEM to prevent infringement by aftermarket suppliers providing spare parts; resulted in significant revenue generation for client.

Co-counsel for Plaintiff Marketing Displays, Inc. in trade dress infringement action relating to highway safety signs; case heard before U.S. Supreme Court to address interplay of patent and trademark laws; resulted in landmark decision on this issue.

As co-counsel, represented Defendant Inviso Inspection Services and defeated preliminary injunction motion in copyright infringement action relating to vehicle inspection software; obtained sanctions against Plaintiff's counsel for discovery violations; case settled favorably.

Lead counsel in patent infringement action relating to sporting equipment; obtained a preliminary injunction preventing competitor from dissipating assets through sale or otherwise to avoid liability in excess of over tens of millions of dollars for patent infringement; client ultimately acquired competitor's business as a result of this strategy.

Co-counsel for alleged infringer Weyerhauser, Inc. in design patent infringement action relating to plastic lattice; successfully secured a summary judgment of non-infringement, which led to favorable settlement of case.

As lead counsel, represented patent holder in patent infringement action relating to wheel chairs; obtained a favorable Markman claim construction ruling, which led to favorable settlement of action.           

Representative Clients

  • Allure Energy Inc.
  • The D Hotel and Casino
  • Visteon Corporation
  • Idea Village Corp.
  • Belanger, Inc.
  • Ontel Products Corp.
  • Lacks Industries, Inc.
  • INAG, Inc. (Innovations in Native American Gaming)
  • Magna International Inc.

Professional Involvement

  • Michigan IP Inn of Court
  • American Intellectual Property Law Association, Member of Industrial Design Committee
  • Federal Bar Association, Co-Chair Intellectual Property Law
  • Intellectual Property Owners Association
  • Michigan Intellectual Property Law Association, Past President (2006-2007), Treasurer (2003-2005), and Board of Advisors (2008-2010)

Publications/Presentations

  • Inside The Minds, "The Changing Litigation Landscape From IPR's to Landmark Supreme Court Decisions," (2016)
  • Canadian Gaming Lawyer Magazine, U.S. Table Games Patents Facing Unprecedented Challenges (October 2012)
  • Inside the Minds, Developing a Patent Strategy, Recent Developments in Patent Law and Their Impact on an Effective Global Patent Strategy (2012)
  • Casino Enterprise Management, Intellectual Property In a Tough Economy (November 2009)
  • Canadian Gaming Lawyer, I-Gaming Industry Goes Global (October 2009)
  • Federal Bar Association, What Every Attorney Needs to Know About the Ever Changing Requirements in Intellectual Property Litigation (October 2009)
  • Presentation at American Intellectual Property Law Association Meeting, The Application of Section 112 to Design Patent (May 14, 2009)
  • Casino Enterprise Management, A Potential New Jackpot for Equipment Designers (March 2009)
  • Presentation to Industrial Design Committee of American Intellectual Property Law Association, The Non-functionality Requirement for Designs (Is it Dysfunctional?) (May 2007)
  • Presentation to Intellectual Property Section of State Bar of Michigan, Functionality Requirements for Trade Dress after TrafFix (2002)
  • Presentation at National Inventors Hall of Fame Meeting September on TrafFix v. MDI - The Unresolved Patent/Trade Dress Conflict (2001)
  • Presentation to Trademark Committee of American Intellectual Property Law Association, TrafFix v. MDI - The Unresolved Patent/Trade Dress Conflict (May 2001)