John V. Picone III is Hopkins & Carley's Deputy Managing Shareholder and, the Co-chair of the Litigation Department and Chair of its Intellectual Property Litigation Practice. He is a trial lawyer with a primary focus on complex litigation cases, including:
- Patent
- Trademark
- Copyright
- Trade secrets
- Tech-centric civil and criminal litigation
John has significant experience with a wide variety of technologies, such as semiconductors, software and programming languages, encryption, cellular/wireless, mining equipment and processes, avionics, optics and e-commerce.
Prior to joining Hopkins & Carley, Mr. Picone was a Principal in the Intellectual Property Practice Group at Fish & Richardson P.C. and was the firm’s National Pro Bono Chair.
He also served as an extern for the Honorable Leslie J. Tchaikovsky, Ninth District Bankruptcy Court (1994), was a San Benito County Panel Public Defender (2000-02), lead special prosecutor, San Benito County District Attorney’s Office (2002-09), and Special Counsel for the Santa Clara County Public Defender (2015-Present). His other experience includes decorated military service of more than twenty years as a Naval Aviator stationed at the Naval Air Station, Moffett Field, California, flying the U.S. Navy’s P-3 “Orion” aircraft.
- PACE Anti-Piracy v. Inside Secure (Encryption software)
- Broadcom v. SpaceX (Satellite Internet RFICs)
- Sada v. Verifone (e-commerce payment systems)
- Applied Micro Circuits Corporation v. LSI (System-on-Chip architecture)
- e.Digital v. Patriot Memory (Flash memory)
- Fresenius v. QMS Software (Dialysis software)
- Profectus Technology v. Huawei Technologies (Digital picture frames)
- FLSmidth v. Beumer Corp. (Trademark infringement)
- DCG Systems v. Checkpoint Technologies (Optical semiconductor inspection equipment)
- Brandywine v. BAIS (DSL technology)
- EON v. U.S. Cellular et al. (Wireless data & voice technology)
- K&N v. Spectre Racing (Automotive air intake & filtration systems)
- Metso Minerals v. FLSmidth (Mineral processing equipment)
- Trek v. Patriot Memory (USB memory)
- Uniloc v. Unity SF et al. (Product activation software)
- Tessera v. Patriot Memory (DRAM)
- Krebs Engineers v. Cooper Cameron et al. (Cyclonic material separators)
- Callaway Golf v. Acushnet (Multi-layer golf balls)
- AVID Mktg., Inc. v. Banfield et al. (RFID)
- Data Encryption Corporation v. Microsoft (Kernel-based operating system encryption)
- HyperPhrase Technologies v. Microsoft (Office XP “smart tags”)
- Honeywell International, Inc. Sandel Avionics, Inc. (Avionics hardware & software)
- Wentworth Laboratories v. Probe 2000 (Cobra-head IC tester assemblies)
- Measurement Computing Corporation National Instruments/SoftWIRE Technology (Graphical programming)
- Cognex Corp. v. National Instruments Corp. (Machine vision hardware & software)
- Genesys Telecommunications Laboratories v. Kana Communications (e-CRM software)
Publications
- “Out In The Cold: Individual Inventors and Patent Reform”, Daily Journal, Feb. 2014
- “Trade Secret Litigation and Protection in California”, California Bar Association Press, 2005 and 2011
- "Anecdotal Evidence Shows Both Success and Failure with AFAs", Of Counsel, December 2016
- San Jose State University Global Leadership Advancement Center, Board Member
- Intellectual Property Section of the Santa Clara Bar Association, Executive Committee, 2004-Present
- Labor and Employment Section of the Santa Clara County Bar Association, Executive Committee, Board Member 1996-2000
- Easter Seals of the Central Coast of California, Member of the Board of Directors 1996-2004
- State Bar of California (1996)
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Southern District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Southern and Eastern Districts of Texas
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals for the Ninth Circuit
- J.D., Santa Clara University, Emery Scholar, B.T. Collins Scholar, Santa Clara Law Review
- M.A. (summa cum laude), Political Science, San Jose State University, Pi Sigma Alpha
- B.A. (Faculty Honors), Philosophy, Trinity College (Connecticut)
