John Scheller Photo

John C. Scheller

Partner

Overview

John is a trusted advisor who helps clients navigate their business issues with great insight, clarity and perspicacity. Clients rely on John’s extensive litigation and counseling experience to make practical, results-oriented business judgments. 

John’s work includes counseling clients regarding:

  • Contracts
  • Environmental concerns
  • Corporate issues and disputes
  • Intellectual property
  • Unfair competition

Within the firm, John most recently served as chair of the firm’s Litigation Practice Group, after previously serving as the chair of the Venture Best® industry group, and head of recruiting for the Madison office. Currently, John serves as a member of the firm’s Diversity, Equity & Inclusion Committee. Prior to joining Michael Best, he practiced at a top Chicago-based law firm and clerked for the Illinois Appellate Court.

John and four of his siblings are third generation lawyers, and proudly follow in the footsteps of their grandfather, who was a judge in Waupaca County, Wisconsin, and father, who was a law professor and practitioner.

Experience

Major Trademark Case Across Multiple Jurisdictions

John coordinated state and federal actions in a heated dispute involving a trademark in the health care insurance industry, leading to an injunction and favorable settlement. The cases were particularly challenging as the matters were expedited and involved concurrent proceedings before the commissioner of insurance. Though the parties were not in a position to change their marks, John was able to construct a mutually agreeable settlement following substantive motion practice and discovery.

Injunction Defeat Leading to Invalidated Patent

In response to an injunction request filed near Christmas Eve regarding a series of patents relating to exercise equipment, John swiftly responded, forcing the plaintiff to voluntarily abandon its injunction motion in Utah federal court. Following successful motion practice, including prevailing on counterclaims, John later invalidated two of the patents through separate inter partes review (IPR) before the United States Patent & Trademark Office.

Tortious Interference Contract with Patent Related Counterclaims

John defended his client against claims of intentional interference relating to client’s pursuit and retention of competitor’s sales force in highly competitive cookware industry. John prevailed for the client, knocking out all of plaintiff’s claims on summary judgment, followed by a successful jury trial on counterclaims.

Defective Parts Lawsuit on Behalf of Manufacturer

In a complex legal action relating to defective food products, John successfully coordinated his client’s claims, resulting in a complete, favorable settlement in which the client was not only fully compensated, but also addressed specifics with respect to replacement products. John also advised his client in developing strategies to protect its reputation in the industry.

Defeat of Massive Injunction that Threatened Client’s Survival

John successfully defeated a critical injunction motion brought in the archery industry by an archrival; if granted, the injunction would have ended the client’s business. In this action, he replaced the lead counsel from a large, national law firm that had handled the prior case, ensuring a seamless transition and, ultimately, a favorable settlement that preserved the client’s business.

Honors & Recognitions

  • "Wisconsin Super Lawyers" list, Intellectual Property Litigation, Super Lawyers magazine, 2015-Present
  • Litigation Star (Intellectual Property), Benchmark Litigation, 2013-Present
  • The Best Lawyers in America©, Litigation – Intellectual Property and Litigation - Patent, 2013-Present
  • The Midwest’s Best Lawyers©, Litigation – Intellectual Property and Litigation - Patent, 2021

Professional Activities

  • Member, State Bar of Illinois
  • Member, State Bar of Wisconsin
  • Member, Dane County Bar Association
  • Member, Western District of the United States District Court Bar Association

Education

Admissions

Education

Admissions

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