John Perkins

John R. Perkins, Jr. practices in the firm's Litigation, Corporate, Employment, and Intellectual Property groups. He focuses on all aspects of business and intellectual property law, with particular emphasis on complex litigation, mediation, and strategic business counseling. Perkins is also a certified mediator which, when combined with patent bar registration, a Federal Circuit Clerkship, and years of intellectual property litigation, makes him uniquely suited to mediate complex litigation involving intellectual property disputes.

Perkins counsels businesses large and small regarding identification and protection of their vital business assets and strategic growth. Such counseling often involves litigation and mediation of disputes over patents, trademarks, copyrights, trade secrets, and antitrust violations, as well as traditional employment and corporate espionage issues. He is also a registered Patent Attorney who counsels clients in transactional matters, including the acquisition of patent rights and opinion work relating to patent validity, enforceability and infringement. His technical proficiency spans a variety of disciplines in the electrical and mechanical arts, including power systems, telecommunications, fiber optics, avionics, semiconductors, software, and hardware, as well as wind and solar energy.

Perkins holds a degree in Electrical Engineering from Clemson University. He was an Engineer and Team Leader at Duke Energy Corporation for ten years. Perkins earned his law degree from George Mason University School of Law, with honors. While in law school, he was a member of the Federal Circuit Bar Journal, Delta Theta Phi and the Intellectual Property Law Society. He received top honors in the 2001 GMUSL Upper-Class Moot Court competition as well as First Place in the 2002 Nathan Burkan Memorial Writing Competition. After law school, Perkins served as law clerk for The Honorable Pauline Newman of the United States Court of Appeals for the Federal Circuit. Following the clerkship, he worked in the Intellectual Property and Complex Litigation Groups of an international law firm in Washington, D.C., where he focused on complex litigation with an emphasis on patent infringement, trademark infringement, and antitrust issues.

John is admitted to practice in South Carolina, North Carolina, the District of Columbia, numerous Federal Courts and the United States Patent and Trademark Office. He is a frequent speaker and author on issues related to intellectual property and business law.

Representative Litigation

Please note that any results listed below do not necessarily indicate that similar results can be achieved for other clients.

Federal

  • CSI1000, Inc. v. Bishop Technologies, Inc., et al.  Western District of North Carolina.  Represent multiple defendant owners of software company in defense of copyright infringement, trademark infringement, unjust enrichment, and numerous corporate and employment claims.
  • Achates Reference Publishing, Inc. v. Symantec Corp., et al.  Eastern District of Texas.  Represented software company in defense of patent infringement claims.
  • XXXX v. xxxx.  District of South Carolina. Represented member of web-based company in member dissociation litigation involving claims for trade secret misappropriation, theft of confidential information, unfair trade practices, and conversion.
  • Whatman, Inc. v. Davin et al. District of South Carolina. Represented competitor in action brought by medical device manufacturer for alleged corporate espionage, breach of fiduciary duty, and trade secret misappropriation. Obtained favorable settlement in defense of all claims.
  • Garcia v. SCE&G. District of South Carolina. Represented electrical utility in defense of patent infringement action. Obtained summary judgment of non-infringement.
  • SubAir Systems v. Precision Small Engine. District of South Carolina. Represented patent holder in patent infringement action against competitor. Obtained favorable settlement of all claims.
  • Elementis v. USPTO. Eastern District of Virginia and the U.S. Court of Appeals for the Federal Circuit. Represented patent holder in action against United States Patent and Trademark Office. Successfully settled case by obtaining a requested rule change at the USPTO that now allows a patentee’s preliminary argument in ex parte reexamination procedure.
  • Orion IP, LLC v. BMW et al.  Eastern District of Texas. Represented multiple auto manufacturers in multi-case, multi-party patent infringement litigation. Obtained favorable settlement of all claims.
  • Heidelberg v. Man Roland. District of New Hampshire. Represented foreign corporation patent holder in infringement and antitrust action brought by competitor, where more than fifty patents were at issue in claims and counterclaims. Obtained dismissal of most claims on summary judgment and favorable settlement of remaining claims.
  • Defended major airline in an antitrust lawsuit brought before the European Commission and U.S. Dept. of Justice for price-fixing.
  • Xactware v. Symbility. District of Utah. Represented software manufacturer patent holder in patent infringement action brought by primary competitor. Obtained dismissal of action on summary judgment.

State

  • Pisgah Labratories, Inc. v. EquipNet, Inc. Represent pharmaceutical manufacturer against supplier for breach of contract and S.C. Unfair Trade Practices claims.
  • Dutton Commercial Services, Inc. v. Snappy Refrigeration, LLC, et al. Represent corporatation against former employees in breach of contract, breach of duty of loyalty, trade secret misappropriation, and numerous employment claims.
  • Van Acker v. Sparks, et al. Represent business owner in corporate dissolution, S.C. Unfair Trade Practices, and breach of contract action.
  • Sturkie v. The Appointment Center, et al. Represented shareholder in action for improper termination, breach of fiduciary duty, conversion, unjust enrichment, civil conspiracy, fraud and negligent misrepresentation, minority oppression, and unfair trade practices.
  • Richardson v. Palmetto Engineering & Consulting, LLC, et al. Represented engineering company in member dissociation and declaratory judgment action involving claims for breach of fiduciary duty, breach of contract, conspiracy, and action to determine fair value. Obtained favorable settlement of all claims.
  • Conley v. Price. Represented individual in action for breach of contract, conversion, and unfair trade practices. Obtained favorable verdict on all claims.
  • King v. Blanton. Represented home owner in action for breach of contract, fraudulent inducement, conversion and quiet title. Obtained favorable settlement on all claims.
  • Innegra Techs. v. Morin. Represented intellectual property holder in defense of South Carolina declaratory judgment action seeking to improperly obtain ownership of intellectual property.
  • Trujillo v. Gomez. Represented restaurant owner in defense of claims for breach of fiduciary duty and conversion. Obtained favorable settlement of all claims.
  • XXXX v. xxxx – Represented member of web-based company in Virginia and South Carolina in member dissociation litigation involving related claims in Federal Court for trade secret misappropriation, theft of confidential information, unfair trade practices, and conversion.
  • Allrail v. Freeman Motor. Represented owner of patented and patent-pending technology in North Carolina litigation involving claims for trade secret misappropriation, breach of contract, and conversion. Obtained favorable settlement of all claims.
  • Eastern Business Forms v. Davin. Represented competitor and former employee in action brought by medical device manufacturer for alleged trade secret misappropriation, conversion, and unfair trade practices. Obtained complete dismissal of Complaint and award of attorneys fees after three-year multi-district, multi-party litigation. Read Order of Dismissal at 2011-10-25-01- Eastern Business Forms v Davin- Order dismissing complaint – 4816-3728-282.
  • Represented retailer in pursuing breach of contract action against reseller in Minnesota. Obtained favorable settlement on all claims.
  • Defended retailer in breach of contract actions in South Carolina, Florida, and Oregon. Obtained favorable settlement on all claims.
  • Defended real estate company against Oregon realtor in trademark infringement action. Obtained favorable settlement on all claims.