John C. Vetter

Partner

Overview

John C. Vetter is a partner and intellectual property lawyer with Foley & Lardner LLP and represents clients in patent and trademark litigation matters pending in Federal Courts, the International Trade Commission, and in the U.S. Patent and Trademark Office. He counsels clients on a broad range of intellectual property issues, including antitrust, pre-litigation and transactional due diligence, licenses and licensing demands, mergers, acquisitions, joint ventures, and investments, freedom to operate, patent prosecution and interferences, trade secrets, Lanham Act matters and related unfair competition, supply agreements, and opinions. He is a member of the firm’s IP Litigation Practice.

With an extraordinary broad range of subject matter, Mr. Vetter's practice ranges from biotechnology to telecommunications. As examples, he has represented clients in the field of fiber optics and optoelectronics since 2000. He also has significant experience representing pharmaceutical companies in litigations under the Hatch-Waxman Act, drafting opinions, paragraph IV certifications, and client counseling. He has also represented pharmaceutical companies in related antitrust actions, including working with state attorney general’s offices and counsel for various purchaser classes.

Representative Cases

  • In re Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof and Products Containing Same, Inv. No. 337-TA-860, U.S. International Trade Commission
  • Avago Technologies U.S. Inc., et al. v. Iptronics, Inc., et al., Case No. 5:10-CV-02863-EJD (PSG) (N.D. Cal.)
  • Emcore Corporation v. International Trade Commission, No. 2011-1069, (Fed. Cir.) (on behalf on Intervenors Avago Technologies Fiber IP (Singapore) Pte. Ltd., Avago Technologies General IP (Singapore) Pte. Ltd., and Avago Technologies, Ltd.)
  • In the Matter of Certain Optoelectronic Devices, Components Thereof and Products Containing the Same, Inv. No. 337-TA-669, U.S. International Trade Commission
  • Avago Technologies, Fiber IP (Singapore) Pte. Ltd. et al. v. Emcore Corp. et al., Case No. C 08-05394 SI (N.D. Cal.)
  • Abbott Labs. et al. v. Impax Labs., Civ. 03-120-KAJ (D. Del.)
  • Sicom Sys. Ltd. v. Agilent Technologies, Inc., et al., No 05-1066 (Fed. Cir.)
  • Sicom Sys. Ltd. v. Agilent Technologies, Inc., et al., Civil Action Nos. 03-040-JJF and 03-1171-JJF (D. Del.)

Recognition

In 2014 and 2015, Mr. Vetter was named a Florida IP Star by Managing Intellectual Property. He was selected as a United States IP Star in 2014.

Education

Mr. Vetter earned his J.D., cum laude, from the University of Pennsylvania. His master’s and bachelor’s degrees in chemical engineering where conferred from Yale University (M.S.) and the University of California, Berkeley (B.S).

Admissions

Mr. Vetter is admitted to practice before the U.S. Patent and Trademark Office and in the states of Florida and New York. He is also admitted before the U.S. Court of Appeals for the Federal Circuit and Tenth Circuit; the U.S. District Court for the Eastern and Southern Districts of New York; and the U.S. District Court for the Southern District of Florida.

Languages

Mr. Vetter is fluent in Spanish.

Representative Matters

Showing of
Foley secured for Avago Technologies, a leading supplier of analog interface components for communications, industrial, and consumer applications, an Order affirming the Final Determination, Cease and Desist Order, and Exclusion Order issued by the International Trade Commission upon finding a violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in favor of Avago Technologies issued by the United States Court of Appeals for the Federal Circuit. The ITC upheld the validity of Avago's patents and finding that Emcore Corporation infringed Avago's intellectual property by importing and selling certain optoelectronics products used in optical communication systems, including parallel fiber optics products and components made and sold by Emcore and used for data communications for core routing and enterprise networking. Emcore appealed the validity and enforceability of Avago's intellectual property and the issuance of the Exclusion Order, which was rejected summarily and quickly on Monday, November 14, 2011, by the Federal Circuit after oral argument on Thursday, November 10, 2011.

Insights

IP Counsel Café 2012
18 April 2012
Palo Alto, CA