Profile

John Skilton

Perkins Coie LLP

Contact Details

Perkins Coie LLP

Bio

JOHN S. SKILTON PARTNER

MADISON

1 East Main Street, Suite 201

Madison, WI

+1.608.663.7474

JSkilton@perkinscoie.com

 

John Skilton, a partner in the firm's Patent Litigation practice, has 47 years of experience as a trial lawyer. He has

managed complex commercial, antitrust, patent and intellectual property, dealer and distribution, contract, product

liability, and constitutional disputes. In the past 25 years, John has concentrated his practice in patent litigation, trying

more than a dozen patent cases. He has litigated numerous pro bono cases involving civil rights and constitutional

issues and has been admitted pro hac vice in state and federal courts nationwide.

Ranked by Chambers USA, as “America's Leading Intellectual Property Lawyers," 2009, 2011 - 2013, 2015 - 2017;

"America's Leading Litigation Lawyers," 2013 - present

Named the Best Lawyers, Madison "Lawyer of the Year" for Patent Law, 2016

Named the Best Lawyers, Madison "Lawyer of the Year" for Appellate Practice, 2012

Recommended in Intellectual Asset Managment Patent 1000 , 2013 - 2014, 2016

Listed in Benchmark Litigation’s Guide to America’s Leading Litigation Firms and Attorneys as a Local Litigation

Star in Intellectual Property

Listed in Benchmark Appellate's Guide to America’s Leading Litigation Firms and Attorneys as an

Appellate Litigation Star for the 7th Circuit

Recognized as an IP Star by Managing IP, 2013, 2014, 2016

Recipient of the Wisconsin Equal Justice Fund's Howard B. Eisenberg Lifetime Achievement Award, 2003

Recipient of the Dane County Bar Association's Pro Bono Publico Lifetime Achievement Award, 2005

Recipient of the Lawyers Committee for Civil Rights' Whitney North Seymour Award, 2007

Recipient of the Wisconsin Law Foundation's, Charles L. Goldberg Distinguished Service Award, 2016

Listed in The Best Lawyers in America 1987 - Present: Appellate Practice; Bet-the-Company Litigation;

Biotechnology law; Commercial Litigation; Copyright Law; Litigation - Intellectual Property; Litigation - Patent; Patent

Law

State Bar of Wisconsin, President

American Bar Association

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PROFESSIONAL RECOGNITION

PROFESSIONAL LEADERSHIP

House of Delegates, Member, 2016 - 2019

Board of Governors, 2012 - 2015

Wisconsin State Delegate, 2009 - 2012

Consortium on Justice, Chairman, 2000 - 2002

Delivery Committee, Chairman, 1999 - 2002

Lawyers' Committee for Civil Rights Under Law, Co-Chair, 2003 - 2005

ABF Wisconsin Fellows, Co-chair, 2015 - 2018

ABA Standing Committee on International Trade in Legal Services, Member, 2016 - 2017

Seventh Circuit Bar Association, President, 1985 - 1986

Western District Bar Association, President, 1992 - 1993

Wisconsin Law Alumni Association, President, 1993 - 1995

Wisconsin Law Foundation, President, 1996 - 1998

Board of Visitors of the Wisconsin Law School, Chair, 1989 - 1992

Seventh Circuit Committee on Rules, Chair, 1996 - 2000

National Board of American Inns of Court Foundation, 1996 - 1999

Wisconsin Equal Justice Coalition, President, 1999 - 2000

American College of Trial Lawyers, 1993 - present

International Academy of Trial Lawyers, 2000 - present

American Academy of Appellate Lawyers, 1993 - present

American Law Institute, 1987 - present

EXPERIENCE

PATENT LITIGATION

U.S. WATER SERVICES, ET AL. V. NOVOZYMES A/S, ET AL.

U.S. District Court for the Western District of Wisconsin

Obtained a jury verdict of contributory and induced infringement and no invalidity on behalf of U.S. Water Services. After

a two-week trial, the jury awarded more than $7.5 million in royalties to U.S. Water Services after finding that the

defendants infringed the asserted claims of two U.S. Water Services patents covering the use of phytase to reduce

deposits in ethanol processing equipment.

GE HEALTHCARE V. SONOSITE*

U.S. District Court for the Western District of Wisconsin, U.S. Court of Appeals for the Federal Circuit

Represented SonoSite in patent infringement action involving claims and cross-claims under ten patents relating to

ultrasound technology. Obtained favorable summary judgment verdict finding five of the six asserted GE patents were

either invalid or not infringed. Case was settled during appeal in the Federal Circuit.

S.C. JOHNSON & SON INC. AND CTR, LDA V. THE DIAL CORPORATION*

U.S. District Court for the Western District of Wisconsin

Represented S.C. Johnson and CTR against Dial in a patent infringement case involving CTR’s patents covering multifragrancing

technology used in consumer air freshener products. Case was resolved after claim construction.

BELOIT CORP. V. VOITH GMBH*

U.S. District Court for the Western District of Wisconsin

Represented Voith in two-week jury trial for patent infringement of paper drying machines technology. Verdict for Beloit

but for small fraction of damages sought; no injunction; settled on appeal for reasonable royalty and licenses.

BEMIS CORP. V. UNITED TECHNOLOGIES*

Represented Bemis in a two-day hearing on request for preliminary injunction in case involving design patents on

outdoor furniture. Injunction granted; case settled.

THE DIAL CORPORATION V. S.C. JOHNSON & SON INC.

U.S. District Court for the District of Arizona

Represented S.C. Johnson in consumer product patent case.

DYNYNSTYL V. DRACKETT (JOHNSONDIVERSEY)*

U.S. District Court for the Central District of Florida

Represented JohnsonDiversey in a case involving a patent on heating cannisters. Case settled.

U.S. District Court for the District of Minnesota

Represented JohnsonDiversey in a case filed by Ecolab involving lubricants for conveyor belts. Ecolab’s motion for

preliminary injunction denied by trial court and affirmed by Federal Circuit. Case settled on remand.

EXTREL V. BRUKER*

U.S. District Court for the Western District of Wisconsin

Represented Extrel in two-week bench trial for case involving high energy ion densitometers technology. Obtained

judgment for Extrel; reversed on appeal, and settled.

FUJITSU LIMITED, ET AL. V. NETGEAR INC.*

U.S. District Court for the Western District of Wisconsin

Represented Fujitsu in wireless technology patent case.

HITACHI LTD. V. SAMSUNG DISPLAY DEVICES COMPANY, LTD.*

U.S. District Court for the Eastern District of Virginia

Represented Samsung in a lawsuit involving electronic monitors and related electronic display technology. Case settled.

ILLUMINATION MANAGEMENT SOLUTIONS INC. V. RUUD LIGHTING INC., ET AL. (RANDA, J.)

U.S. District Court for the Eastern District of Wisconsin

Defending Ruud Lighting Inc. and two of its officers in a breach of fiduciary duty/related claims and trade secret case.

The Court granted Ruud's motion to dismiss the breach of fiduciary duty and related claims.

ILLUMINATION MANAGEMENT SOLUTIONS INC. V. RUUD LIGHTING INC., ET AL. (STADTMUELLER, J.)

U.S. District Court for the Eastern District of Wisconsin

Defended Ruud Lighting Inc. in a patent infringement case related to LED lighting products. Successfully obtained

summary judgment ruling of non-infringement.

INCYTE PHARMACEUTICALS INC. V. GENE LOGIC INC.*

Represented GeneLogic in case involving patents for method for obtaining gene expression data on gene chips,

including primers and amplification techniques; case settled prior to claim construction hearing, with Gene Logic

receiving a license to practice under the Incyte patents.

INNOGENETICS N.V. V. ABBOTT LABORATORIES*

U.S. Court of Appeals for the Federal Circuit, U.S. District Court for the Western District of Wisconsin

Represented Innogenetics in an action for patent infringement against Abbott Laboratories on Innogenetics’ patent for a

method of genotyping the hepatitis C virus. Innogenetics obtained summary judgment of no unenforceability, a directed

infringement verdict on the three asserted claims, and jury verdicts that the patent was not invalid and awarding

damages. On appeal, the Federal Circuit affirmed the findings of infringement and validity of two of the asserted claims

and affirmed the jury’s damages award. 512 F.3d 1363. (Fed Cir. 2008)

LUNAR CORP. V. EG&G*

U.S. District Court for the Western District of Wisconsin

Represented Lunar in a two-week jury trial in case involving stacked dual energy microarray detectors technology.

Verdict for Lunar. Settled post verdict for amount of verdict.

MILLER ELECTRIC*

Represented Miller Electric in a two-week jury trial for case involving electronic arc welding technology. Obtained

infringement verdict for Miller; settled before damages trial commenced.

MOLECULAR DYNAMICS V. LEICA GMBH*

Represented Leica in case involving confocal lazer microscopy. Case settled for license.

CAMBRIDGE ANTIBODY TECHNOLOGY GROUP PLC V. MORPHOSYS AG*

U.S. District Court for the District of Columbia

Represented defendant in a two-week jury trial in a patent infringement case involving phage display antibody libraries.

Summary judgment granted in favor of MorphoSys following a hung jury.

RIMAC V. WARF*

Represented RIMAC in case involving synthesis of Vitamin D3 derivative; case settled for cross licenses.

RUUD LIGHTING INC. V. COOPER LIGHTING, LLC

U.S. District Court for the Eastern District of Wisconsin

Representing Ruud Lighting Inc. in a patent infringement case related to LED lighting products.

S.C. JOHNSON V. B.F. GOODRICH*

Represented S.C. Johnson against B.F. Goodrich in a case involving a patent on a method of production of a silicon

compound. Case settled for license.

TENNECO V. S.C. JOHNSON*

Represented S.C. Johnson in case involving slider bag technology (“Hefty” v. “Ziploc”); obtained summary judgment for

S.C. Johnson; decision affirmed on appeal to Federal Circuit.

REGENTS OF THE UNIVERSITY OF CALIFORNIA AND BOSTON SCIENTIFIC CORPORATION V. MICRO THERAPEUTICS

INC. (MTI), ET AL.*

U.S. District Court for the Northern District of California

Represented MTI in patent infringement case involving 12 patents relating to the repair of brain aneurysms by implanting

platinum microcoils therein. Nine other corresponding worldwide litigations, as well as several European Patent Office

(EPO) oppositions were also ongoing. MTI counterclaimed for antitrust violation against the Regents and Boston

Scientific Corporation. The litigation was successfully completed in March 2008, with MTI receiving a worldwide license

to operate under all of the asserted patents.

VOITH CORP. V. BELOIT CORP*

U.S. District Court for the Western District of Wisconsin

Represented Voith in two-week jury trial for patent infringement of paper drying machines technology. Verdict for Beloit

but for small fraction of damages sought; no injunction; settled on appeal for reasonable royalty and licenses. Again,

verdict for Beloit but for small fraction of damages sought; no injunction; settled on appeal (with first case) for

reasonable royalty and licenses.

WISCONSIN ALUMNI RESEARCH FOUNDATION (WARF) V. GERON CORPORATION*

U.S. District Court for the Western District of Wisconsin

Represented WARF in a case to restructure exclusive stem-cell license.

LITIGATION

AHMADI INDUSTRIES V. MEYER INDUSTRIES*

Represented Ahmadi in 13 week jury trial for “failure of essential purpose” under Article 2 of the U.C.C. (“rusted” out

bottling line). Verdict for Ahmadi; settled during post trial motions.

BRITISH PRINTING CO. (ROBERT MAXWELL) V. MACDONALD-RAINTREE*

Represented BPC in 13-week bench trial; breach of joint venture; Maxwell obtained requested accounting.

GENE SCHICK DISTRIBUTORS V. SUBZERO REFRIGERATORS*

Represented Subzero in 7-week jury trial, dealer termination. Verdict for plaintiff (9-3) but damages were controlled.

GRANT V. PARKE DAVIS*

U.S. District Court for the Western District of Wisconsin

Represented Parke Davis in 3 week jury trial for “product identity” of 4-in-1 vaccine. Issue tried was causation of brain

injury to minor. Verdict for Parke Davis; affirmed on appeal.

HARTIGAN V. FORD MOTOR COMPANY*

Represented Ford in 3 week jury trial involving allegedly defective gas tank. Verdict for Ford; no appeal.

LOHR V. FORD MOTOR COMPANY*

Represented Ford in 7 week jury trial involving allegedly defective gas tank. Case settled favorably to Ford just prior to

final argument.

MIDWEST DISTRIBUTORS V. VOLVO-GM*

U.S. District Court for the Western District of Wisconsin

Represented Volvo GM in dealer termination; obtained verdict for Volvo-GM; affirmed by Seventh Circuit on appeal.

MORLEY-MURPHY DISTRIBUTORS V. ZENITH ELECTRONICS*

U.S. District Court for the Western District of Wisconsin

Represented Zenith in 1-week damages trial; dealer termination, controlled damages; reversed by Seventh Circuit in

favor of Zenith on appeal.

WESTERN INDUSTRIES V. NEWCOR*

U.S. District Court for the Eastern District of Wisconsin

Represented Western in 3 week jury trial involving defective welding equipment and resulting consequential damages.

Verdict for Western; reversed on appeal; settled.

WISCONSIN INTERSCHOLASTIC ATHLETIC ASSOCIATION V. GANNETT COMPANY

U.S. District Court for the Western District of Wisconsin, U.S. Court of Appeals for the Seventh Circuit

Represented the Wisconsin Interscholastic Athletic Association in a copyright and First Amendment case related to

Internet streaming rights of high school athletic events. A summary judgment order in favor of the WIAA in the district

court was affirmed by the Seventh Circuit Court of Appeals.

* Prior Experience

NEWS

08.15.2017

Best Lawyers® 2018 Recognizes 281 Perkins Coie Attorneys

Press Releases

Perkins Coie is proud to announce that 281 of its attorneys were selected by their peers for inclusion in the 2018 edition

of The Best Lawyers In America®.

05.26.2017

Perkins Coie Named Among Top Firms In 2017 Chambers USA

Press Releases

Perkins Coie is proud to announce that it has again been ranked by Chambers & Partners, publishers of Chambers USA:

America's Leading Lawyers for Business , as one of the top law firms in the United States. For 2017, the firm is

recognized in 40 practice areas and 131 individual attorneys were recognized.

10.19.2016

Perkins Coie’s John S. Skilton Receives the Charles L. Goldberg Distinguished Service Award from the Wisconsin Law

Foundation

Press Releases

John S. Skilton, a partner in Perkins Coie’s patent litigation practice, is a recipient of the 2016 Wisconsin Law

Foundation (WLF) Charles L. Goldberg Distinguished Service Award. The award was presented at the Fellows of the

Wisconsin Law Foundation Annual Recognition Dinner on Tuesday, October 18, 2016 in Milwaukee.

08.15.2016

Best Lawyers® 2017 Recognizes 252 Perkins Coie Attorneys

Press Releases

Perkins Coie is proud to announce that 252 of its attorneys were selected by their peers for inclusion in the 2017 edition

of The Best Lawyers In America ®, the oldest and most respected peer-review publication in the legal profession.

05.27.2016

Perkins Coie Named Among Top Firms in 2016 Chambers USA

Press Releases

Perkins Coie is proud to announce that it has again been ranked by Chambers & Partners, publishers of Chambers USA:

America's Leading Lawyers for Business, as one of the top law firms in the United States. For 2016, the firm is

recognized in 37 practice areas and 127 individual attorneys were recognized.

08.17.2015

35 Perkins Coie Attorneys Named 2016 Lawyers of the Year by Best Lawyers®

Press Releases

Perkins Coie is proud to announce that 35 of its attorneys have been named 2016 Lawyers of the Year by Best

Lawyers®, the oldest and most respected peer-review publication in the legal profession.

08.17.2015

Best Lawyers® 2016 Recognizes 245 Perkins Coie Attorneys

Press Releases

Perkins Coie is proud to announce that 245 of its attorneys were selected by their peers for inclusion in the 2016 edition

of The Best Lawyers In America ®, the oldest and most respected peer-review publication in the legal profession; a

more than 10 percent increase over the 221 firm attorneys recognized by Best Lawyers in the 2015 edition.

06.22.2015

30 Perkins Coie Attorneys Recognized by Intellectual Asset Management Magazine as Top Patent Practitioners; Two As

World’s Leading IP Strategists

Press Releases

Perkins Coie is pleased to announce that 30 of the firm’s intellectual property attorneys were recognized by Intellectual

Asset Management (IAM) in the IAM Strategy 300 and IAM Patent 1000 lists.

05.19.2015

Perkins Coie Named Among Top Firms in 2015 Chambers USA

Press Releases

Perkins Coie is proud to announce that it has again been ranked by Chambers & Partners, publishers of Chambers USA:

America's Leading Lawyers for Business, as one of the top law firms in the United States.

08.18.2014

Best Lawyers® 2015 Recognizes 221 Perkins Coie Attorneys

Press Releases

Perkins Coie is proud to announce that 221 of its attorneys were selected by their peers for inclusion in the 2015 edition

of The Best Lawyers In America ®, the oldest and most respected peer-review publication in the legal profession.

06.17.2014

27 Perkins Coie Attorneys Recognized by Intellectual Asset Management Magazine as Top Patent Practitioners

Press Releases

Perkins Coie is pleased to announce that 27 of the firm’s intellectual property attorneys were recognized by Intellectual

Asset Management (IAM) in the IAM Patent 1000 and IAM Strategy 300 lists. The lists, published in the June 2014

issue of IAM Magazine, provide in-house counsel with detailed information on top patent practitioners in many major

jurisdictions worldwide.

08.21.2013

Best Lawyers 2014 Recognizes 206 Perkins Coie Attorneys

Press Releases

Perkins Coie is proud to announce that 206 of its attorneys were selected by their peers for inclusion in the 2014 edition

of The Best Lawyers In America ®.

06.03.2013

22 Perkins Coie Attorneys Recognized by Intellectual Asset Management

Press Releases

Perkins Coie is pleased to announce that 22 of the firm’s Intellectual property attorneys were recognized by Intellectual

Asset Management (IAM) in the IAM Patent 1000 and IAM Strategy 300 lists.

09.17.2012

Asked & Answered: Trial Lawyer Looks to Honest Abe for Inspiration

General News

John Skilton, a partner in the firm's Patent Litigation practice, was recently interviewed in the Asked & Answered section

of the Wisconsin Law Journal . The article spotlights John’s four-decade career in law with a series of Q&A. In the article

John talks about his achievements, love of history and how trial lawyers can learn a lot from Honest Abe.

09.12.2012

197 Perkins Coie Lawyers Recognized In 2013 Best Lawyers

Press Releases

Perkins Coie is proud to announce that 197 of its attorneys were selected by their peers for inclusion in the 2013 edition

of The Best Lawyers in America ®. Thirty-five attorneys were listed this year for the first time, representing a 22

percent increase in the number of Perkins Coie attorneys who appeared in the 2012 edition.

06.13.2012

Perkins Coie Donates $10,000 to Porchlight in Celebration of 100 Years of Service

Press Releases

In honor of 100 years of service nationally, Perkins Coie Madison has made a special $10,000 charitable contribution to

Porchlight. The firm hosted a special presentation at the rooftop of the Madison office on June 8, 2012

10.10.2011

21 Perkins Coie Attorneys Named Best Lawyers "Lawyers of the Year"

Press Releases

Perkins Coie is pleased to announce that Best Lawyers , a peer-review publication in the legal profession, has named 21

attorneys as “Lawyers of the Year” in their respective practices for 2012.

08.31.2011

The Best Lawyers in America Recognizes 163 Perkins Coie Lawyers

Press Releases

Perkins Coie is proud to announce that 163 of its attorneys throughout the country were selected by their peers for

inclusion in the 2012 edition of The Best Lawyers in America ® (Copyright 2011 by Woodward/White, Inc., of Aiken,

S.C.).

06.10.2011

Perkins Coie’s Madison Office Recognized in Chambers USA Rankings

Press Releases

Perkins Coie proudly announces that three attorneys in its Madison office were ranked as top lawyers in their fields in

the 2011 edition of Chambers USA: America’s Leading Lawyers for Business. The firm was also recognized in the annual

directory as a leader in its Intellectual Property practice area in Wisconsin.

03.01.2011

Perkins Coie Named Among Top Firms in Chambers USA 2011

Press Releases

Perkins Coie proudly announces that once again it has been ranked by Chambers & Partners, publishers of Chambers

USA: America's Leading Lawyers for Business, as a top law firm in the United States.

08.13.2010

The Best Lawyers in America Recognizes 143 Perkins Coie Lawyers

Press Releases

Perkins Coie is proud to announce that 143 of its attorneys throughout the country were selected by their peers for

inclusion in the 2011 edition of The Best Lawyers in America (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.).

08.03.2009

The Best Lawyers in America Recognizes 141 Perkins Coie Lawyers

Press Releases

Perkins Coie is proud to announce that 141 of its attorneys across the country were selected for inclusion in the 2010

edition of Best Lawyers of America.

PRACTICES

Patent Litigation

Trademark & Copyright Litigation

Patent Law

Antitrust & Unfair Competition Litigation

AREAS OF FOCUS

Appellate Law

Business Litigation

Litigation

Intellectual Property Law

INDUSTRIES

Biotechnology & Pharmaceutical

Wisconsin

District of Columbia

State Supreme Court of Wisconsin

U.S. Court of Appeals for the District of Columbia Circuit

Supreme Court of the United States

U.S. Court of Appeals for the Seventh Circuit

U.S. District Court for the Eastern District of Wisconsin

U.S. District Court for the Western District of Wisconsin

U.S. District Court for the District of Columbia

University of Wisconsin Law School, J.D., 1969, Articles Editor, Wisconsin Law Review

University of Wisconsin, B.A., 1966

BAR AND COURT ADMISSIONS

EDUCATION

University of Wisconsin Law School, J.D., 1969, Articles Editor, Wisconsin Law Review

University of Wisconsin, B.A., 1966

*Disclaimer

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