John MacPete concentrates in patent litigation and also has experience in representing clients in trademark and copyright litigation as well. He has served as lead trial counsel in 16 jury trials that went to verdict. Mr. MacPete places a heavy emphasis on counseling clients on an ongoing basis concerning all aspects of intellectual property with a view toward advancing his clients’ strategic business objectives, avoiding unnecessary litigation, and ensuring protection of key innovations. He served as lead trial counsel for Anheuser-Busch in a $240 million dollar patent infringement/antitrust declaratory judgment action against a bottling company to protect a significant capital project of Anheuser-Busch to convert all its breweries and lid manufacturing facilities to a smaller diameter can lid. The case was brought in the Western District of Wisconsin and resolved in nine months from filing with a take-nothing judgment for Anheuser-Busch of no patent infringement and no anti-trust violations.
He also served as defense co-counsel for Anheuser-Busch in a patent infringement/trade secret matter and as co-lead counsel along with co-counsel for plaintiff QTI in a trademark infringement case that resulted in a jury verdict of infringement and entry by the Court of a broad permanent injunction prohibiting a large international software manufacturer from using its international umbrella brand in the United States.
Mr. MacPete concentrates in “rocket-docket” IP litigation and has experience in the three “rocket docket” federal courts in the U.S.: the Eastern District of Texas, the Eastern District of Virginia and the Western District of Wisconsin.
Mr. MacPete has significant experience in class action matters, serving as class counsel and defense counsel opposing certification in major class action litigation. He has been appointed to serve as class counsel on multiple occasions, including in the first-filed purchase price class action in the nation relating to fen-phen. He has also testified as an expert witness on the Uniform Commercial Code and “Choice of Law” and “Conflict of Law” issues in nationwide class action litigation.
In addition, Mr. MacPete has participated in numerous appeals before both the federal and state appellate courts and has filed amicus curiae papers on behalf of the American Bar Association with the U.S. Supreme Court and filed amicus curiae papers with the Federal Circuit concerning the interplay between federal patent law and state unjust enrichment law.
Education
- J.D., University of California, Berkeley Boalt Hall School of Law
Associate Editor, California Law Review
Member, Moot Court Board - B.A., University of Chicago
Bar Admissions
Admitted To Practice
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the D.C. Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Eastern District of Texas [Rocket Docket]
- U.S. District Court for the Eastern District of Virginia [Rocket Docket]
- U.S. District Court for the Western District of Wisconsin [Rocket Docket]
- U.S. District Court for the Northern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Western District of Michigan
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Eastern District of Wisconsin