John Kenneth Felter
John Kenneth Felter accepted an invitation to be an Advanced Leadership Initiative Fellow at Harvard University and therefore elected to retire as a partner of the firm on December 31, 2015. Ken also joined the Teaching Faculty of the Harvard Law School Trial Advocacy Workshop.
Ken is a retired partner in Ropes & Gray's intellectual property group and the firm's litigation department and 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, private equity firms and their portfolio companies, banks and 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, software, 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.
- Idenix v. Gilead: Patent infringement litigation concerning treatment of hepatitis C.
athenahealth, Inc. v. ADP AdvancedMD, Inc.: Patent infringement litigation concerning computerized methods for managing a medical practice.
Verisign, Inc.: Analyses of United States and European patent portfolios.
- Micro Motion v. Krohne: Patent infringement litigation concerning intrinsically safe meter electronics for Coriolis mass flowmeters.
- NAACP v. Galvin: National Voter Registration Act of 1993 litigation regarding voter registration and services at Massachusetts public assistance offices.
- 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 synthetic 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).
- Business and Commercial Litigation in Federal Courts (Federal Claims Based on Land Use Regulation), American Bar Association Section of Litigation (2012, 2013-2014 and 2014-2015 Supplements)
- Massachusetts Courtroom Advocacy (Preparation for Civil Trial in Massachusetts), MCLE, Inc. (2005, 2009, 2011 and 2014) (2nd Edition, 2nd Supplement)
- Co-author, Practice Guide to Section 285 “Exceptional Case” Findings, American Bar Association Intellectual Property Litigation Committee Newsletter (Winter 2016, Vol. 27, No. 2) (January 11, 2016)
- Co-author, Updated 50 State Survey of Daubert/Frye Applicability: 2014-2015, American Bar Association Section of Litigation Trial Evidence Committee
- Co-author, Settlement Evidence and Patent Damages, American Bar Association Section of Litigation Trial Evidence Committee Newsletter (January 15, 2013)
- Co-author, Fundamentals of Civil Deposition Practice (Subsequent Use of Depositions), MCLE, Inc. (1986)
- Quoted, “Document Retention Policy Is No Excuse for Discovery Noncompliance,” ABA Litigation News (Vol. 41, No. 1, Fall 2015)
- Quoted, “Severe Attorney Sanction Imposed for Asking Wrong Question,” ABA Litigation News (Vol. 40, No. 4, Summer 2015)
- Quoted, “Mandamus Ruling Vacates New Trial Order,” ABA Litigation News (March 31, 2015)
- Quoted, “Lawyers-Not Judges May Select Their Own Juries,” ABA Litigation News (March 26, 2015)
- Quoted, “Warning For Lawyers Who Give Business & Legal Advice,” ABA Litigation News (Vol. 39, No. 4, Summer 2014)