Intellectual property attorney John Frank Murphy is Sen. Patrick Toomey’s selection in a package of four nominees to the Eastern District of Pennsylvania.
John Frank Murphy attended Cornell University, getting his B.S. in 1999, and then got a Masters in Science and a Ph.D. from the California Institute of Technology in 2002 and 2004. Murphy then got a J.D. from Harvard Law School in 2007.
After graduating, Murphy clerked for Judge Kimberly Moore on the U.S. Court of Appeals for the Federal Circuit. Murphy then joined the Philadelphia office of Baker Hostetler, where he currently serves as a partner.
History of the Seat
Murphy has been nominated for a seat on the U.S. District Court for the Eastern District of Pennsylvania. This seat opened on August 31, 2018, when Judge Lawrence Stengel moved to senior status.
Despite this seat opening with two years left in the Trump Administration, no nominee was put forward for this vacancy.
Murphy has spent his entire legal career at Baker Hostetler, where he has primarily worked as an intellectual property litigator. At the firm, Murphy handled a significant amount of patent litigation. For example, Murphy was part of the legal team representing Muzak LLC in a suit covering patents for playback of music through telephones and public speaker systems. See Info-Hold, Inc. v. Muzac LLC., 783 F.3d 1365 (Fed. Cir. 2015). He also represented Nokia, Inc. in a patent infringement suit litigated in the Eastern District of Virginia. See Global Touch Solutions LLC v. Toshiba Corp., 109 F. Supp. 3d 882 (E.D. Va. 2015).
Notably, Murphy was part of the legal team for Comcast in a patent infringement suit filed against Sprint alleging that the latter had infringed four of its patents. See Comcast Cable Communications LLC v. Sprint Communications Co. LP., 203 F. Supp. 3d 499 (E.D. Pa. 2016).
Outside the intellectual property context, Murphy represented a number of plaintiffs suing to block the Pennsylvania Secretary of State’s certification of ExpressVote XL electronic voting machines, challenging the security, reliability, and accuracy of the machines. See Nat’l Election Def. Coalition v. Boockvar, 266 A.3d 76 (Pa. Commw. LEXIS 567 2021).
Murphy has donated to a number of candidates throughout his career, including Pennsylvania Sen. Pat Toomey, who has received approximately $4000. While most of Murphy’s donations have been to Republicans, he did donate $100 to the Attorney General campaign of Steve Dettelbach, a Democrat who currently serves as director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (Dettelbach was also a partner at Baker Hostetler).
With his background in intellectual property law and a willingness to back Republicans, Murphy is likely to attract support from members of both parties. As such, he will likely sail to confirmation.