John M. Skenyon is a senior principal in Fish & Richardson’s Boston office. He joined the firm in 1977, and for over 30 years, he has specialized in patent litigation. To date, he has been lead counsel in more than 100 intellectual property lawsuits around the country, including cases in so-called "rocket docket" jurisdictions and those known for large numbers of patent infringement trials, such as Delaware, Massachusetts, Texas, and California. He has obtained one of the largest patent jury verdicts ever awarded in Massachusetts, and he has successfully defended clients from damages claims totaling hundreds of millions of dollars. He has also conducted mock patent trials for both the AIPLA and the Practicing Law Institute.
He has briefed and handled a large number of Markman hearings, resulting in favorable claim construction rulings that successfully ended the cases. Mr. Skenyon has also briefed and argued many successful Federal Circuit appeals since the Court’s inception in 1982. He also handles pro bono appeals for veterans before the Court of Appeals for Veterans Claims.
He has written and lectured extensively on patent litigation practice, particularly in the areas of patent damages, claim construction and cost control in litigation. A book he co-authored entitled “Patent Damages Law & Practice,” published by West Publishing Company, has been cited by numerous courts, including by the Federal Circuit in its recent decision in Lucent Technologies, Inc. v. Gateway, Inc., 580 F.3d 1301 (Fed. Cir. 2009). He is also the co-author of the book “Patent Litigation” published by the Practicing Law Institute. He helped draft the damages portions of the AIPLA model jury instructions in 1997, 2005 and 2008 and revised the 11th Circuit’s patent jury instructions in 2004. He was a member of the Boston Patent Law Association Task Force for revising the patent rules for the District of Massachusetts.
Mr. Skenyon is an AIPLA Fellow and a board member of the American Intellectual Property Law Educational Foundation, which awards scholarships to minority law students interested in IP practice. Mr. Skenyon is a past president of the Boston Patent Law Association and a past chairman of the AIPLA’s Committee on Patent Litigation. He was listed on Best Lawyers 2014 list and named the Best Lawyers’ 2013 Boston Litigation - Patent "Lawyer of the Year," is listed as a Super Lawyer for Massachusetts and New England, and is listed in both the Who’s Who of Patent Lawyers and the Who’s Who of International Law.
2013 Top Rated - AV® PreeminentTM Lawyers in Intellectual Property Law; Massachusetts Super Lawyer, 2004, 2006-2009, 2011-2013.
Books & Published Articles
"Patent Damages Law And Practice" West Publishing Co. (1999).
"Patent Litigation" Practicing Law Institute (2001).
"Patent Damages" Journal of the Patent and Trademarks Office Society, Vol. 70, No. 11, (1988) (cited as authority by the Court in its damages opinion in Polaroid v. Eastman Kodak Co., 16 USPQ2d 1481 (D. Mass. 1990).
"Increased Damages for Willful Infringement" AIPLA Selected Papers, Vol. VII, No. 2 (1989).
"Patent Damages – Life in the 'But For' World" American Bar Association Legal Papers, PTC Section (1991).
"Patent Damages" Corporate Counsel Review, Vol. XVII, No. 1 (May, 1998).
"Proving Patent Damages To A Jury" Technology Law Alert, Vol. 28, No. 2 (October, 2001).
"Law of Patent Damages" Federal Circuit Court Symposium (May, 1987).
"Patent Damages: Properly Evaluating The Potential Risk & Gain, And Handling The Damages Case At Trial" Intellectual Property Institute Seminar (March, 1994).
"Proving Patent Damages" Business Development Associates IP Litigation Management Seminar (February, 1996).
"The Practical Impact of Markman v. Westview On Jury Trials In Patent Cases" AIPLA Selected Papers (1997).
"Maximizing the Use of Intrinsic Evidence in Claim Construction" IP Litigator, Vol. 14, No. 3, May/June, 2008.
"Litigation Strategies To Maximize The Patent Case" IP Litigator, Vol. 3, No. 3 (May/June 1997).
"Effective Cost Control in Patent Litigation" IP Litigator, Vol. 7, No. 7 (September, 2001).