John Kenneth Felter
Partner
John Kenneth Felter, a partner in Ropes & Gray's Intellectual Property Group and the firm's Litigation Department, focuses his practice in the areas of intellectual property and complex commercial litigation. An experienced trial attorney, Ken has tried numerous cases to conclusion in federal and state trial courts throughout the U.S. He has also frequently presented oral arguments before federal and state appellate courts.
Ken has represented a broad range of corporations and institutions, including major manufacturers, suppliers, service providers, financial services companies, real estate developers, colleges and universities, and sports and entertainment clients in litigation and other adversarial proceedings. He litigates in all areas, but his patent trial practice has focused on electronics and electronic products, telecommunications and business methods.
Ken served as Special Assistant Attorney General for the Commonwealth of Massachusetts on two separate occasions (once to defend the constitutionality of a primary ballot rule of the Democratic State Party and the other to defend the constitutionality of a legislative redistricting plan); Special Outside Counsel for the City of Boston (to defend the constitutionality of the landmark designation of the interior of a Roman Catholic Church); and Special Counsel in civil rights actions representing the Towns of Edgartown, Plymouth, Salisbury, Wellesley and Wrentham, Massachusetts. He was specially retained to represent the Federal Savings and Loan Insurance Corporation and Federal Home Loan Bank Board to prosecute claims against the board of directors of a federally insured bank.
Experience
- athenahealth, Inc. v. ADP AdvancedMD, Inc.: Patent infringement litigation concerning computerized methods for managing a medical practice.
- Micro Motion v. Krohne: Patent infringement litigation concerning intrinsically safe meter electronics for Coriolis mass flowmeters.
- Lincoln National v. Transamerica: Patent infringement litigation concerning computerized methods for administering variable annuity plans. See 609 F.3d 1364 (Fed. Cir. 2010).
- Freedom Wireless v. Cingular Wireless: Patent infringement litigation concerning prepaid wireless communications. See amicus curiae brief in BMC Resources v. Paymentech, 498 F.3d 1373 (Fed. Cir. 2007) (legal standard for joint infringement by multiple parties).
- In re Textile Rental Litigation: Coordinated national class action litigation concerning alleged unfair and deceptive trade practices in garment rental industry.
- Wheelabrator Claremont v. City of Claremont: Litigation concerning municipality’s attempt to take waste-to-energy facility by eminent domain.
- Boston Professional Hockey Ass’n v. Commissioner of Revenue: Litigation concerning challenge to interpretation of state tax regulations governing apportionment of income earned in multi-jurisdictional transactions. See 443 Mass. 276 (2005).
- Aquarium Systems v. Omega Sea Manufacturing: Litigation concerning misappropriation of trade secrets for manufacture of synethic sea salts.
- Boston Police Patrolmen’s Ass’n v. City of Boston: Litigation concerning defense to First Amendment challenge to Boston Garden policy governing access during Democratic National Convention.
- Frankston v. Denniston: Litigation concerning defense in legal malpractice action involving standard governing predecessor counsel. See 74 Mass. App. Ct. 366 (2009).
Awards
- American College of Trial Lawyers, Fellow
- The Best Lawyers in America (Bet-the-Company Litigation, Commercial Litigation, Litigation-Patent)
- Chambers USA: America's Leading Lawyers for Business (Commercial Litigation)
- US News Best Lawyers (Bet-the-Company-Litigation, Commercial Litigation, Patent and Intellectual Property Litigation)
- Super Lawyers, Corporate Counsel Edition (Intellectual Property Litigation)
- Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys (Local Litigation Star) (General Commercial, Intellectual Property)
- New England's Best Lawyers (Bet-the-Company Litigation, Commercial Litigation, Intellectual Property Law-Patent Litigation)
- Massachusetts Super Lawyers
- Boston's Best Lawyers
Insights
Publications
- Co-author, Business and Commercial Litigation in Federal Courts (Federal Claims Based on Land Use Regulation), American Bar Association Section of Litigation, 2012
- Co-author, Massachusetts Courtroom Advocacy (Preparation for Civil Trial in Massachusetts), MCLE, Inc., 2005, 2009 and 2011
- Co-author, Fundamentals of Civil Deposition Practice (Subsequent Use of Depositions), MCLE, Inc., 1986