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James P. Murphy
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Jim Murphy has litigated, obtained and licensed all forms of intellectual property, negotiated myriad complex and basic transactions, and generally counseled clients in all areas of intellectual property law and related commercial litigation for more than 20 years.

His litigation experience began as a Law Clerk to United States District Court Judge James H. Alesia in the Northern District of Illinois, followed by his private practice, which included all phases and aspects of litigation, including trials, Markman hearings, TRO and preliminary injunction proceedings, and appellate practice.  Jim is licensed to practice before the United States Patent and Trademark Office, and represents clients in all areas of PTO practice.

Jim has successfully represented plaintiffs and has achieved verdicts or settlements for clients resulting in collections of millions of dollars. He has also successfully defended clients against various charges of infringement and other assertions of intellectual property.

Jim successfully represented Midwest Electronic Specialties, Inc. in Riviera Distributors, Inc. v. Midwest Electronic Specialties, Inc., Case No. 04-1430 (C.D. Ill.), and won attorneys fees for his client in a copyright dispute involving computer software for a video poker game.  The Seventh Circuit Court of Appeals affirmed the result and granted our client its attorneys fees including fees and costs on appeal.

In his most recent trial, Jim served as co-lead counsel for the plaintiff in Electro-Mechanical Corp. v. Power Distribution Products, winning a jury verdict of willful infringement and validity of all patent claims at issue in the case.

Jim’s practice involves a diverse range of technologies, including  telecommunication systems, electronics manufacturing, lighting systems, electro-mechanical gaming devices, hospital kinetic bedding, home consumer products, financial pricing model methodologies, dental x-ray technology, implantable cardiac defibrillators and pacemakers, balloon angioplasty catheters, spinal implants and surgical tools, and other medical technology.  In addition to patent matters, Jim also represents clients in the areas of antitrust, trade secret, trademark and trade dress, copyrights, and Lanham Act cases.

Related Experience

  • Attorney, Niro, Scavone Haller & Niro, Chicago
  • Law Clerk, United States District Court Judge James H. Alesia in the Northern District of Illinois

Representative Matters

  • Electro-Mechanical Corporation v. Power Distribution Products, Inc., et al., Case No. 1:11CV00071, (N.D. VA. 2013) (patent infringement)
  • Flowmaster, Inc. v. Arvin Industries, Inc. and Maremont Exhaust Products, Case No. 98-2437, (N.D. Cal. 1998-2000) (patent infringement)
  • Arachnid, Inc. v. Valley Recreation ProductsInc. et al., Case No. 98-50282 (N.D. Ill. 1998-2003) (patent infringement)
  • Arachnid, Inc. v. Merit Industries, Inc., Millennium Reserve Corporation, and Peter Feuer, Case No. 99-5699 (N.D. Ill. 1999-2002) (patent infringement)
  • Arachnid, Inc. v. Bose, Case No. 99-1207 (N.D. Ill. 1999)
  • Riviera Distributors, Inc. v. Midwest Electronic Specialties, Inc., Case No. 04-1430 (C.D. Ill. 2008) (copyright infringement involving video poker game)
  • Heathcote Holdings Corp. v. Phillips Screw Co., and Phillips Fastener, LLC, Case No. 10-1468 ( N.D. Ill. 2010) (false marking)

Publications

  • Biotech Buzz PTAB Actions Subcommittee (April 2017- AIPLA )

Areas of Practice

Industries

Bar Admissions / Registrations

  • State Bar of Illinois
  • State Bar of Minnesota (inactive status)
  • U.S. District Court for the Northern District of Illinois and various other U.S. District Courts
  • U.S. Patent and Trademark Office

Education

  • DePaul University, J.D., with honors
  • Michigan State University, B.S., Engineering