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 and is currently ranked in Band 1 for intellectual property in Michigan. He has also been named an IP Star by Managing Intellectual Property since 2016 as well as a DBusiness Magazine Top Lawyer in 2013, and 2016-2018. John is a co-chair of Dickinson Wright’s Intellectual Property Litigation Group. Additionally, John has been named as a Best Lawyer in 2020, 2021 and 2022 as well as Litigation Practitioner of the Year in 2020 and 2021 for the State of Michigan by Managing IP. 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 is currently lead trial counsel on various intellectual property cases in both federal courts and in the United States Patent Office.
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. In that case, he secured an award of attorney’s fees and costs against the Government that exceeded $4 Million and was the first such award under Section 1498. 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.
John has been recognized as a leader in the field of intellectual property by Chambers USA and is currently ranked in Band 1 for intellectual property in Michigan. He has also been named an IP Star by Managing Intellectual Property since 2016 as well as a DBusiness Magazine Top Lawyer in 2013, and 2016-2018. John is a co-chair of Dickinson Wright’s Intellectual Property Litigation Group. Additionally, John has been named as a Best Lawyer in 2020, 2021 and 2022 as well as Litigation Practitioner of the Year in 2020 and 2021 for the State of Michigan by Managing IP. 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 is currently lead trial counsel on various intellectual property cases in both federal courts and in the United States Patent Office.
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. In that case, he secured an award of attorney’s fees and costs against the Government that exceeded $4 Million and was the first such award under Section 1498. 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.
Education & Credentials
Education
University of Michigan
B.S., 1989Detroit College of Law
J.D., 1992- cum laude
- Law Review, Case Note Editor
- Moot Court, Oral Advocate and Team Coach
Bar Admission
Acknowledgements
- The Legal 500 United States
- Intellectual Property - Patents, Litigation, 2023
- WTR 1000, 2023
- Silver, 2024
- IAM Patent 1000
- Litigation
- Michigan Lawyers Weekly
- Michigan Go To Lawyer, Business Law, 2021
- Best Lawyers in America®
- "Lawyer of Year," Patent Law - 2024
- Litigation - Intellectual Property, 2024
- Litigation - Patent, 2024
- Patent Law, 2020-2024
- Chambers USA: America’s Leading Lawyers for Business
- Intellectual Property, 2017-2023
- Managing Intellectual Property
- IP Star, 2016-2023
- DBusiness Magazine
- "Top Lawyer," 2013, 2016-2018, 2023
- International Masters of Gaming Law Member
- Francis L. Barron Award, Law School Excellence
- IAM Global Leaders, 2024
Representative Clients
- Carhartt, Inc.
- The D Hotel and Casino
- National Presto, Inc.
- Idea Village Corp.
- Belanger, Inc.
- Ontel Products Corp.
- Lacks Industries, Inc.
- INAG, Inc. (Innovations in Native American Gaming)
- Magna International Inc.
- Bestway USA, Inc.
Prominent Assignments
Lead counsel for Carhartt, Inc. in newly filed trademark infringement action brought against competitor in E.D. Mich.
Lead counsel for manufacturer of Automated Flagger Assistance Devices for use in areas of construction in patent infringement action involving two patents pending in D. Montana against competitor who recently entered market. Defendant filed counterclaims for unfair competition, false advertising and antitrust violations. Case just beginning discovery.
Lead counsel for manufacturer of inflatable pools who was sued for infringement in C.D. Cal. Case reinstituted after IPR and in the middle of discovery.
Lead counsel for InStyler who was sued in C.D. Cal. for infringement of five patents related to a heated hairbrush. Succeeded in securing dismissal of two utility patents. Case pending.
Lead counsel for Ontel Products, Inc. who was sued in D.N.J. for infringement of four patents related to a heated hairbrush. IPRs pending as to two utility patents, which were dismissed from action. Remaining utility patent submitted to Patent Office for reexamination. Case pending.
Lead counsel for manufacturer of golf putters in patent infringement action pending in D. Arizona against Ping. Ping filed counterclaims for infringement of five patents. Case stayed pending conclusion of reissue proceedings in the patent office.
Lead counsel for Bestway Corp. in multiple IPRs filed against competitor’s patents related to inflatable mattresses. IPRs instituted and trial scheduled for November 2021.
Lead counsel in trade dress and copyright infringement action for National Presto, Inc. involving parabolic heaters. Defeated Defendant’s Motion for Summary Judgment and the case is scheduled for jury trial in January 2022 in D. Minn.
Lead counsel for consumer product company in trademark infringement action pending in S.D. Cal. Successfully prevailed against Plaintiff’s claim for willful infringement. Case scheduled for jury trial in November 2021.
Representing manufacturer of table gaming equipment in patent infringement action against competitor in D. Nev. Secured very successful claim construction decision and awaiting ruling on Motion for Summary Judgment of Infringement. Succeeded in excluding Defendant’s invalidity challenge for violation of local patent rules.
Lead counsel for Magna Mirrors of America, Inc. in action for breach of patent license. Successfully succeeded in defeating $30 Million claim for breach due to alleged failure to pay royalties. Pending in Michigan State Court.
Lead counsel for University of South Florida in separate patent infringement actions against Fuji, Inc. (D. Conn.) and Hologic, Inc. (D. Del.) involving patent for digital mammography. Cases stayed pending IPR filed by Hologic.
Co-lead counsel for supplier of inflatable mattresses in patent infringement action brought in the E.D. Tex against various retailers. Stayed on the eve of trial after Federal Circuit reversed PTAB decision and found claims unpatentable as obvious.
Lead counsel in Inter Partes Review proceeding involving automotive engine covers. Filed IPR Petition on behalf of automotive supplier and successfully invalidated competitor’s patent in the PTAB and the Federal Circuit.
Lead counsel for a consumer products company in action involving lighted outlet covers in D. Utah and ITC; Challenged validity of primary patents in suit in Patent Office through reexamination, which resulted in dismissal of case.
Lead counsel for consumer products company in trade dress infringement against brought by Yeti Coolers, LLC relating to tumbler products in W.D. Tex. The case settled before trial.
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 industrial equipment supplier in trade dress infringement action in competing cases in E.D. Mich. and D. Miss. Case settled after discovery with a global business arrangement.
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 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, LLC 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 wheelchairs; obtained a favorable Markman claim construction ruling, which led to favorable settlement of action.
Lead counsel for manufacturer of Automated Flagger Assistance Devices for use in areas of construction in patent infringement action involving two patents pending in D. Montana against competitor who recently entered market. Defendant filed counterclaims for unfair competition, false advertising and antitrust violations. Case just beginning discovery.
Lead counsel for manufacturer of inflatable pools who was sued for infringement in C.D. Cal. Case reinstituted after IPR and in the middle of discovery.
Lead counsel for InStyler who was sued in C.D. Cal. for infringement of five patents related to a heated hairbrush. Succeeded in securing dismissal of two utility patents. Case pending.
Lead counsel for Ontel Products, Inc. who was sued in D.N.J. for infringement of four patents related to a heated hairbrush. IPRs pending as to two utility patents, which were dismissed from action. Remaining utility patent submitted to Patent Office for reexamination. Case pending.
Lead counsel for manufacturer of golf putters in patent infringement action pending in D. Arizona against Ping. Ping filed counterclaims for infringement of five patents. Case stayed pending conclusion of reissue proceedings in the patent office.
Lead counsel for Bestway Corp. in multiple IPRs filed against competitor’s patents related to inflatable mattresses. IPRs instituted and trial scheduled for November 2021.
Lead counsel in trade dress and copyright infringement action for National Presto, Inc. involving parabolic heaters. Defeated Defendant’s Motion for Summary Judgment and the case is scheduled for jury trial in January 2022 in D. Minn.
Lead counsel for consumer product company in trademark infringement action pending in S.D. Cal. Successfully prevailed against Plaintiff’s claim for willful infringement. Case scheduled for jury trial in November 2021.
Representing manufacturer of table gaming equipment in patent infringement action against competitor in D. Nev. Secured very successful claim construction decision and awaiting ruling on Motion for Summary Judgment of Infringement. Succeeded in excluding Defendant’s invalidity challenge for violation of local patent rules.
Lead counsel for Magna Mirrors of America, Inc. in action for breach of patent license. Successfully succeeded in defeating $30 Million claim for breach due to alleged failure to pay royalties. Pending in Michigan State Court.
Lead counsel for University of South Florida in separate patent infringement actions against Fuji, Inc. (D. Conn.) and Hologic, Inc. (D. Del.) involving patent for digital mammography. Cases stayed pending IPR filed by Hologic.
Co-lead counsel for supplier of inflatable mattresses in patent infringement action brought in the E.D. Tex against various retailers. Stayed on the eve of trial after Federal Circuit reversed PTAB decision and found claims unpatentable as obvious.
Lead counsel in Inter Partes Review proceeding involving automotive engine covers. Filed IPR Petition on behalf of automotive supplier and successfully invalidated competitor’s patent in the PTAB and the Federal Circuit.
Lead counsel for a consumer products company in action involving lighted outlet covers in D. Utah and ITC; Challenged validity of primary patents in suit in Patent Office through reexamination, which resulted in dismissal of case.
Lead counsel for consumer products company in trade dress infringement against brought by Yeti Coolers, LLC relating to tumbler products in W.D. Tex. The case settled before trial.
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 industrial equipment supplier in trade dress infringement action in competing cases in E.D. Mich. and D. Miss. Case settled after discovery with a global business arrangement.
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 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, LLC 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 wheelchairs; obtained a favorable Markman claim construction ruling, which led to favorable settlement of action.
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
- Author “United States V. Arthrex: Inter Partes Review Decisions Now Reviewable by the PTO Director,” Dickinson Wright News Alert, June 2021
- Intellectual Property Law Spring Seminar 2021, Intellectual Property Law Section of the State Bar of Michigan, March 2021
- Quoted in “SCOTUS Scuttles Apple’s Big Samsung Award,” published by E-commerce Times.
- Quoted in “Yeti Enforces Trade Dress Over Rambler Cups as IPO Looms,” published by Bloomberg BNA.
- 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)