John Flock is a high-stakes patent litigator whose experience has generated professional achievement awards and American Law Journal “Top Jury Verdict” recognition. He combines 20 years’ patent litigation experience with nine years as a former New York City Assistant District Attorney to represent his clients in high stakes battles in the ITC and district courts.

Mr. Flock also has developed particular skill in patent valuation by using his experience in litigation and in the negotiations of major portfolios to determine real world value, particularly focusing on the key patents that drive value. He has worked with global Fortune 500 companies on some of their major acquisitions of patent assets in the past few years.

Mr. Flock has built long-term relationships with sophisticated clients including Sony, Lenovo, Toyota, Fisher-Price, HBO, the Federal Reserve Bank of New York, and others. He has been lead outside counsel in global disputes, litigating in the U.S. and advising on patent strategy in Europe and Asia.

Mr. Flock holds an undergraduate degree in physics and has significant experience designing and implementing computer programs, supervising computer programming staff, and serving as court-appointed receiver for a software company.

Independent publications whose rankings are based on evaluations from in-house counsel have recognized him for excellence in practice, including the 2014 editions of IAM Patent 1000 –The World’s Leading Patent Practitioners and The Legal 500 United States, and Mr. Flock has been named a 2014 New York “IP Star” by Managing Intellectual Property. He is a speaker and author on intellectual property issues and a member of Kenyon’s Executive Committee, and co-chair of the firm’s Electrical/Mechanical/Computer Practice Group.

Representative Experience

  • Lenovo as respondent in an ITC patent infringement matter relating to optical disc drives.  The case was successfully concluded for Lenovo with a complete dismissal based on showing that the petitioner did not have standing to bring the case.  Optical Disc Drives, Components Thereof, and Products Containing the Same (337-TA-897, 2014)
  • Sony as defendant in the District of Delaware defeated a patent assertion by L-3 Communications, obtaining summary judgment of non-infringement and a Judgment as a Matter of Law of invalidity.  The case had accused Sony’s CMOS image sensors, a multi-billion dollar market.  L-3 Communications v. Sony Corp. et al. (D. Del, 2014)
  • Toyota in multiple ongoing cases district court cases originally involving 24 patents. As a result of a strategic use of motions and IPRs, multiple patents were dismissed before claim construction and some of the cases dismissed.  Matter was successfully transferred on mandamus from the E.D. Tex to the E.D. Mich., and currently stayed pending resolution of 12 inter partes review petitions filed by Toyota, all of which were instituted by the Patent Trial and Appeal Board. American Vehicular Sciences v. Toyota et al. (E.D. Tex, 2014)
  • Sony in an ITC matter brought by Pragmatus Mobile alleging that certain Sony phones and tablets infringed patents related to smart phones and GPS location systems. On the eve of trial, the case settled on favorable terms for our clients. In Re Certain Wireless Devices including Mobile Phones and Tablets, II (337-TA-905, 2014)
  • Toyota in a district court case brought by Affinity Labs of Texas.  We persuaded the Court to hold a hearing on prior license agreements entered into by suppliers to Toyota of the accused components.  Despite the fact that Affinity Labs had won prior jury verdicts against other car makers, soon after the Court’s ruling, Toyota reached a successful settlement. Affinity Labs of Texas v. Toyota  (W.D. Tex, 2014)
  • Lenovo in a case brought by Round Rock Research in the District of Delaware. Matter was resolved after Kenyon’s win at a Markman hearing, dismissal of the vast majority of accused products, and the pursuit of an intricate license defense based on licenses issued to Lenovo predecessor companies. Round Rock Research v. Lenovo (D. Del., 2014)
  • Sony in a series of worldwide patent litigations against LG Electronics. Represented Sony on five US litigations (including two ITC cases) directed to telecommunications standards, cell phone features, Blu-ray DVD technology and televisions and computer monitors. Advised on parallel cases in Germany, the UK, the Netherlands, Spain, and Korea, resulting in a favorable resolution for our client. Sony Corp. v. LG Electronics U.S.A. Inc. et al. (Multiple jurisdictions, 2011)
Representative Matters
  • Lenovo as respondent in an ITC patent infringement matter relating to optical disc drives.  The case was successfully concluded for Lenovo with a complete dismissal based on showing that the petitioner did not have standing to bring the case.  Optical Disc Drives, Components Thereof, and Products Containing the Same (337-TA-897, 2014)
  • Sony as defendant in the District of Delaware defeated a patent assertion by L-3 Communications, obtaining summary judgment of non-infringement and a Judgment as a Matter of Law of invalidity.  The case had accused Sony’s CMOS image sensors, a multi-billion dollar market.  L-3 Communications v. Sony Corp. et al. (D. Del, 2014)
  • Toyota in multiple ongoing cases district court cases originally involving 24 patents. As a result of a strategic use of motions and IPRs, multiple patents were dismissed before claim construction and some of the cases dismissed.  Matter was successfully transferred on mandamus from the E.D. Tex to the E.D. Mich., and currently stayed pending resolution of 12 inter partes review petitions filed by Toyota, all of which were instituted by the Patent Trial and Appeal Board. American Vehicular Sciences v. Toyota et al. (E.D. Tex, 2014)
  • Sony in an ITC matter brought by Pragmatus Mobile alleging that certain Sony phones and tablets infringed patents related to smart phones and GPS location systems. On the eve of trial, the case settled on favorable terms for our clients. In Re Certain Wireless Devices including Mobile Phones and Tablets, II (337-TA-905, 2014)
  • Toyota in a district court case brought by Affinity Labs of Texas.  We persuaded the Court to hold a hearing on prior license agreements entered into by suppliers to Toyota of the accused components.  Despite the fact that Affinity Labs had won prior jury verdicts against other car makers, soon after the Court’s ruling, Toyota reached a successful settlement. Affinity Labs of Texas v. Toyota  (W.D. Tex, 2014)
  • Lenovo in a case brought by Round Rock Research in the District of Delaware. Matter was resolved after Kenyon’s win at a Markman hearing, dismissal of the vast majority of accused products, and the pursuit of an intricate license defense based on licenses issued to Lenovo predecessor companies. Round Rock Research v. Lenovo (D. Del., 2014)
News
Bar and Court Admissions
  • New York
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Federal Circuit
  • Registered Patent Attorney: U.S. Patent and Trademark Office
Professional Organizations
  • American Bar Association
  • Asian American Bar Association of New York, chair of the litigation Section and past president
  • Computer Law Association
  • New York Patent, Trademark and Copyright Law Association