Overview

From Section 337 investigations at the International Trade Commission (ITC) to patent infringement actions in U.S. district courts, John Thuermer advocates for his clients in complex intellectual property litigation spanning diverse technologies. 

With an insightful perspective honed over 70 ITC investigations, including five years working as an attorney advisor at the ITC, John is a sought-after strategist for both complainants and respondents in Section 337 investigations. Clients appreciate his approachable, collegial demeanor and rely on his knowledgeable counsel across all stages of the investigation lifecycle. John’s litigation work is strengthened by his substantial ITC and district court trial experience, which includes examining witnesses at trial; taking and defending depositions; and crafting technical, economic, and public interest arguments. He has a particular aptitude for working with experts, ensuring the clear communication and effective presentation of sophisticated technologies ranging from mobile phones to chemical compounds and medical devices. 

Before joining Fish & Richardson, John worked at the ITC as an attorney advisor to Commissioner Rhonda K. Schmidtlein and to Administrative Law Judge David P. Shaw. While at the ITC, he assisted on investigations spanning a wide variety of technologies and causes of action, including patent infringement, trade secret misappropriation, trademark and trade dress infringement, anti-trust, and false advertising. John’s tenure at the ITC also encompassed violation-phase, advisory opinion, enforcement, and modification proceedings. John also worked on multiple investigations that presented ITC-specific issues, such as the economic prong of the domestic industry requirement, redesigns and the scope of exclusion orders, and the effect of the Commission’s orders on the public interest. 

John maintains an active pro bono practice. His pro bono advocacy includes representing minors in guardian ad litem matters alongside the Children’s Law Center and partnering with the Washington Lawyers’ Committee to successfully defend the First Amendment rights of an unhoused individual arrested for panhandling. 

In his free time, John is a dedicated baseball fan and enjoys watching any and all major league teams. 

Experience

Achieved a favorable settlement for Cargill in a case involving personal care and cosmetic ingredients derived from jojoba oil. The district court case had completed claim construction, discovery, and summary judgment briefing prior to settlement. Fish also represented the client as patent owner in a related proceeding at the PTAB, securing a final written decision of patentability on all challenged claims. Cargill, Inc. et al. v. Vantage Specialty Chemicals Inc. (D. Del.; PTAB) 

Secured a favorable settlement after trial for a global technology company litigating multiple ITC investigations against a prominent telecommunications company. The matter arose from a global patent dispute involving patents essential to the 5G cellular standard.  

Secured a favorable settlement before trial for a shapewear manufacturer in an ITC investigation brought against an emerging competitor. 

Secured a favorable settlement before trial for a cochlear implant manufacturer in an ITC investigation brought by a significant competitor. The matter arose from a patent dispute spanning several jurisdictions and countries. 

Secured a favorable settlement after trial for a global technology company in an ITC investigation involving video encoding technology. 

Secured a favorable settlement after trial for a global technology company engaged in multiple ITC cases that formed part of a landmark, multi-jurisdictional dispute over 5G patents. The asserted products included smartphones, tablets, and smartwatches, and the matter ultimately resolved in a global settlement. 

Obtained a favorable initial determination, following trial, for a large compact fluorescent lamp (CFL) manufacturer. The matter ultimately settled on favorable terms. (Prior to joining Fish & Richardson)  

Obtained a temporary restraining order for a large consumer products company enjoining an emerging competitor from offering to sell infringing products at an international trade show. (Prior to joining Fish & Richardson) 

Professional associations

  • International Trade Commission Trial Lawyers Association (ITCTLA); Membership Committee (2025-Present)