Summary

John Lunseth concentrates his practice in:

  • Patent litigation
  • Trademark and trade name litigation
  • Trade secret litigation
  • E-commerce disputes
  • Lanham Act claims
  • Contractual dispute litigation
  • Commercial litigation

John has been a first-chair trial lawyer for over 35 years. He handles primarily large, complex intellectual property and commercial cases. He has represented Fortune 100 and Fortune 500 companies, local governmental entities and private business owners. Past clients include major retailers; technology and medical device companies; print media; building contractors; and manufacturers of a wide variety of products, including card personalization, issuance, and securitization solutions, medical devices, container filling equipment, roofing caulking and sealant products for commercial and high-rise buildings, class rings and recognition products, pet food, herbal supplements, hearing aid technology, sporting goods and hand power tool distributors.

In the Federal Courts, John has been lead counsel in over 100 matters litigated in more than 30 separate Federal Districts throughout the United States, and has handled and argued appeals in the 7th and 8th Circuits and the Federal Circuit Courts of Appeals. He has also been lead counsel in cases in state courts in Minnesota, Wisconsin and Ohio, and has argued cases to the Minnesota Court of Appeals and the Minnesota and Wisconsin Supreme Courts. John tried a case exonerating a medical device manufacturer from patent infringement claims brought by a major competitor. He also successfully defended a container filling equipment manufacturer/patentee against claims of invalidity, obviousness and inequitable conduct, upheld on appeal to the Federal Circuit. John successfully argued Aatrix Software, Inc. v. Greenshades Software, Inc. and convinced the Federal Circuit, in a major decision impacting software patents, to overturn a District Court’s dismissal of a case under the Supreme Court’s decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l.”

He has spoken and written on numerous continuing legal education topics, including intellectual property, e-commerce, patent litigation, electronic discovery, bad faith litigation, statutes of limitations and arbitration. He published “E-Commerce Disputes: Legislation and Litigation in the Brave New World,” 68 Def. Counsel Jour. 280 (2001).

John holds a Commercial Pilot Certificate and volunteers for Angel Flight Central.

Awards

  • Honoree, Best Lawyers in America, Litigation - Intellectual Property (2011-present)

  • Honoree, Who's Who of American Law

All Service Areas

Education

  • University of Minnesota Law School (1977)

    cum laude

  • University of Minnesota (1974)

    B.A.

Admissions

  • State - Minnesota
  • Federal - 8th Circuit Court of Appeals
  • Federal - Federal Circuit Court of Appeals
  • Federal - District of Minnesota
  • Federal - Eastern District of Wisconsin
  • Federal - Western District of Wisconsin
  • Federal - U.S. Supreme Court

Notable Matters

  • Lead trial counsel in Federal District Court winning a verdict of noninfringement for a medical device company.
  • Lead counselor in Federal District Court and Federal Circuit Court winning against claims of paptent invalidity and inequitable conduct.
  • Obtained preliminary injunction in patent infringement litigation mandating the shutdown of music sampling systems in Fortune 500 company’s retail stores throughout the United States.
  • Represented a medical device company in a trademark infringement action related to programmable vests used to provide airway clearance treatment.
  • Represented accused infringer in a patent infringement action relating to card personalization technology.
  • Represented defendant in patent infringement action relating to electronic pollbook systems.
  • Represented plaintiff in trademark and patent litigation related to thermal printing technologies.

Professional Affiliations

  • International Association of Defense Counsel

    Business Litigation and Intellectual Property Committees
    Technology Committee, Former Chair 

  • American Bar Association

    Business Law, Intellectual Property and Litigation Sections
    Cyberspace Law Committee
    Programs and Publications Subcommittee, Program Co-Chair
    Business Law Section's Electronic Evidence Task Force, Former Co-Chair 

  • American Intellectual Property Law Association

    Member

  • Minnesota State Bar Association

    Member

  • Minnesota Defense Lawyers Association

    Member

  • Hennepin County Bar Association

    Member

Community Involvement

  • Ordway Theater

    Member, Business Development Committee

  • National German Short Haired Pointer Association

    Member, Board of Trustees