Barclay Damon
Barclay Damon

John D. Cook

John D. Cook

Partner

p: 315-425-2885

f: 315-703-7353

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Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202

John Cook focuses his practice on all aspects of complex commercial litigation and intellectual property litigation. Drawing upon his experience as a former law clerk in the U.S. District Court for the Northern District of New York, John counsels and represents clients in a wide range of industries, including technology, manufacturing, insurance, energy and utilities and banking. These clients range from small businesses to multi-national corporations. John also regularly serves as local counsel and co-counsel in cases pending in the Northern District of New York and other venues located in Upstate New York. 

During his career, John has prosecuted the claims of, as well as defended claims asserted against, his clients in patent and trademark infringement cases. He has also represented clients in a variety of commercial litigation matters, including breach of contract, employment discrimination, environmental, real estate, trusts and estates, and other matters. In doing so, John has acquired valuable trial and appellate experience in New York courts and federal courts across the country, as well as in alternative dispute resolution forums.

John is a resident of the Syracuse office, and is active in several organizations. He is a member of the U.S. District Court for the Northern District of New York Local Rules Committee and several bar associations, including the Northern District of New York Federal Court Bar Association, where he serves on its Technology and Information Services Committee. John is also President of the Le Moyne College Alumni Association Board.

Representative Experience

  • Represented leading manufacturer in multiple patent infringement actions that were resolved favorably prior to trial.
  • Represented a manufacturer of coaxial cable connectors in a patent infringement action that resulted in a jury verdict of willful infringement.
  • Represented a computer hardware vendor in dispute concerning software licensing that was resolved favorably prior to trial.
  • Represented a manufacturer of technology materials and packaging and its customers in a multi-venue patent infringement dispute that was resolved favorably prior to trial. 
  • Represented global agricultural products company and its affiliates in a patent infringement action that resulted in a jury verdict of non-infringement.
  • Represented a leading supplier of restaurant equipment in breach of software dispute concerning software development that was resolved favorably prior to trial.
  • Represented a manufacturer of medical devices in a patent infringement action that was resolved favorably following a summary judgment decision of literal non-infringement. 
  • Represented a state government board in an action challenging the proposed assessment of a national transportation company’s operating property pursuant to Section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976. The case was resolved favorably following trial and appeals to the U.S. Court of Appeals for the Eleventh Circuit and the U.S. Supreme Court. 
  • Represented a specialty paper products manufacturer in a trade dress infringement action that resulted in jury verdict of non-infringement. 
  • Represented local manufacturer in connection with its breach of contract claims that were resolved favorably prior to an American Arbitration Association hearing. 
  • Represented international clothing retailer in breach of contract case that was resolved favorably prior to trial. 
  • Represented global consumer goods company and its related entities in a patent infringement action that was resolved favorably prior to trial.
  • Represented major wireless telecommunications carrier in an action under the Telecommunications Act of 1996 and New York law. Summary judgment was granted in the client's favor.
  • Represented global manufacturer of telecommunication products in patent infringement action against 22 defendants that was resolved favorably prior to trial.
  • Represented global manufacturer of telecommunication products in connection with U.S. Customs and Border Protection's efforts to enforce General Exclusion Orders and Limited Exclusion Order issued by the U.S. International Trade Commission.
  • Represented automobile manufacturers in trademark/trade dress infringement and dilution action that was resolved favorably prior to trial.

Practice Areas

Education

  • Villanova University School of Law, J.D.
  • LeMoyne College, B.S.

Admitted To Practice

  • New York
  • Massachusetts
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Supreme Court
  • U.S. Court of International Trade

Memberships & Affiliations

  • New York State Bar Association
  • Onondaga County Bar Association
  • Northern District of New York Federal Court Bar Association, Technology and Information Systems Committee
  • American Bar Association
  • U.S. District Court for the Northern District of New York Local Rules Committee
  • Intellectual Property and Innovation American Inn of Court, Member

Civic Activities

  • President, Le Moyne College Alumni Association Board
  • Volunteer, Onondaga County Bar Association Volunteer Lawyers Project
  • Volunteer, Say Yes to Education
  • Volunteer, On Point for Jobs

Speaking & Publications

  • "A Modern Day Markman Hearing Concerning the Classic Wright Brothers' Patent," Intellectual Property and Innovation American Inn of Court
  • "Back to Basics: A Discussion About Procedural Issues at the Early Stages of Civil and Criminal Cases," Northern District of New York Federal Court Bar Association CLE
  • "Discovery: The Rules, Guidelines, and Best Practices," Northern District of New York Federal Court Bar Association
  • “Federal Practice 101,” Northern District of New York Federal Court Bar Association
  • “Commencing Civil Actions,” Onondaga County Bar Association
  • “Technology and Modern Civil Litigation – Electronic Discovery and the Effective Use of Courtroom Technology,” Northern District of New York Federal Court Bar Association
  • “State Civil Litigation in New York,” Lorman Education Services

Honors

  • Selected by Peer Review for Inclusion in Super Lawyer Directory 2015-2017 for Intellectual Property Litigation and Commercial Litigation
  • Recognized as Upstate New York Rising Star in Super Lawyer Directory 2013, Intellectual Property

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Hon. Howard G. Munson, Senior U.S. District Judge, Northern District of New York, Law Clerk.

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