John Kenneth Felter
John Kenneth Felter has been a trial attorney for over forty years and has tried numerous cases to conclusion in federal and state courts throughout the United States. He is a Fellow of the American College of Trial Lawyers. Ken has also frequently presented oral arguments before federal and state appellate courts. He is now 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.
Last year, Ken accepted an invitation to be an Advanced Leadership Initiative (ALI) Fellow at Harvard University. He also joined the Teaching Faculty of the Harvard Law School Trial Advocacy Workshop and will lead a tutorial in the Economics Department at Harvard College during the Spring semester of 2017. He was recently named as a 2016-2017 Fellow by the Massachusetts Access to Justice Commission.
Ken served as Special Assistant Attorney General for the Commonwealth of Massachusetts on two separate occasions; Special Outside Counsel for the City of Boston; and Special Counsel 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.
- 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 (Third Edition 2012, 2013-2014 and 2014-2015 Supplements) (Fourth Edition forthcoming)
- Massachusetts Courtroom Advocacy (Preparation for Civil Trial in Massachusetts), MCLE, Inc. (2005, 2009, 2011 and 2014) (Second Edition, 2nd Supplement) (Third Edition forthcoming)
- 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)