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Education

  • J.D., New York University School of Law
  • B.A., Boston University, magna cum laude

Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. Court of Appeals, Federal, First, Seventh and Ninth Circuits
  • U.S. District Court, District of Massachusetts
  • U.S. District Court, Eastern District of Texas

Memberships & Affiliations

American Bar Association

American Intellectual Property Law Association

Boston Bar Association

Boston Patent Law Association

Federal Circuit Bar Association

Innovation American Inn of Court, Member

Intellectual Property Owners Association

Massachusetts Bar Association
Order of the Barristers

John T. Gutkoski

  • |
Partner
  • T: 617.449.6607
    F: 617.607.9309

John T. Gutkoski is a national patent and intellectual property trial attorney representing clients as lead trial counsel in life sciences and high technology matters. His cases have involved pharmaceuticals, radiotherapeutics, nanotechnology, medical devices, synthetic latex, optics, collagen production, intravenous pumps, banking and finance, semiconductors, analog and digital circuitry, smart phones, telecommunications, network architecture, imaging, sound waves, software, and electronic data.

John’s extensive patent litigation experience includes representing innovator pharmaceutical companies and defending their patents in Hatch-Waxman proceedings.  He has tried numerous cases to judges and juries across the country, including representing clients successfully in Delaware, Texas, Illinois, Wisconsin, North Carolina, New Jersey, California, Massachusetts, New York and before the International Trade Commission.

John has been repeatedly named one of the World’s Leading Patent Practitioners for Patent Litigation by IAM Patent 1000.  Their recent 2018 ranking noted that “He is one of the sharpest and most adaptable patent litigators out there …”  He has been named Benchmark Litigation’s Local Litigation Star and has also been recognized by Massachusetts Super Lawyers.  John previously served as the department chairman of the Intellectual Property practice in Boston for an international AM Law 100 firm.

No aspect of these advertisements have been approved by the Supreme Court of New Jersey. See Awards Methodology.

Representative Matters

Won a rare, complete defense jury verdict of non-infringement and invalidity in the Eastern District of Texas where the jury found the asserted patents concerning the interaction of light and human tissue to be anticipated and rendered obvious by four separate combinations of prior art.
Led the defense trial team in defeating a claim for more than $600 million against a leading national bank and financial services holding company in the only one of the infamous Data Treasury “troll” cases to go to verdict over check imaging patents.
Won a complete jury verdict of willful infringement of multiple patents and a $61 million enhanced damages award for the industry leader in coaxial cable connectors, against its leading competitor in the Northern District of New York.
Served as lead counsel for multi-patent Hatch Waxman litigation representing the pharmaceutical manufacturer of Mucinex against generic challengers in the U.S. District Court for the District of Delaware.
Successfully defended the maker of Durex brand condoms against claims of infringing several patents asserted by the competitor brand Lifestyles in the District of Delaware.

Speaking

April 23-25, 2018
Oil States, SAS, and the Future of IPRs
ACI 12th Annual Paragraph IV Disputes Conference, NY
05/19/16
Post Trial Strategies: What to Do After You Win the Verdict
IP Strategy Summit
02/10/14
Fight the Patent Trolls in 2014: Tactical and Practical Issues
The Knowledge Congress, Webcast Series
10/01/11
Strategic Choices in Patent Litigation Following Patent Reform and Chief Judge Rader's Recommendations

Publications

2016
Halo and Stryker at the Supreme Court: Will the Essential Questions of Timing for Willfulness Be Left Unanswered? Chapter in Inside the Minds “The Impact of Recent Patent Law Cases and Developments
2016 Ed., Thompson Reuters / Aspatore Books
09/26/11
Patent Bar Split on Impact of New Law
Massachusetts Lawyers Weekly
01/05/09
Texas Eastern District: IP Equipoise?
Law360
12/05/08
Patent Verdicts in Eastern Texas No Longer a Slam Dunk
Mass High Tech