Lawyer Profile (John Karl Buche)
John Karl Buche
With more than two decades of experience, John Buche, one of the founding partners of Buche & Associates, P.C., provides his clients with expert counsel in matters of civil, injury, business and intellectual property law. Currently working in the San Diego area, but handling legal matters throughout the country, John’s considerable experience and impressive background have helped him gain the respect of both his peers and his clients alike.
John Buche attended South Texas College of Law in Houston, Texas. Previously, he earned an undergraduate degree in biology from Southwestern University in Georgetown, Texas. He served on the board of directors for the La Jolla Bar Association from 2006 to 2014. John also served as a guest speaker for several notable organizations including the University of San Diego School of Law, South Texas College of Law and Houston Channel 13. He has provided analysis for the San Diego Business Journal, as well as for select business audiences in Houston, Texas and San Diego, California. In 2018, John was voted best attorney in La Jolla, California by the La Jolla Village News.
Practicing Litigation and Trial Law in Texas, California and Federal Courts
John Buche’s professional experience includes trial and litigation of a variety of civil matters, in the courts across the nation, including in Texas, California, and appellate courts, including the Texas Supreme Court and United States Supreme Court. His cases have included those involving:
- Contract disputes
- Financial fraud
- Personal injuries
- Trade secrets
- Unfair competition
- Covenants not to compete
He has experienced successes in both state and federal courts throughout the U.S. Just a few of those successes include:
- Ultraflo v. Pelican, et.al., in the United States Supreme Court, lead counsel for Respondent, successfully argued for and obtained denial of petition for writ of certiorari concerning appeal of 5th Circuit ruling affirming trial verdict (Southern District of Texas) on copyright and trade secret case (2017).
- Jefferson Street IP, LLC v. Seidio, Inc., (Southern Dist. of Texas), lead counsel, represented defendant cell phone case manufacturer in patent infringement matter against nonpracticing entity (2019). Successfully resolved.
- Arredondo v. JAG CLAMP, LLC, (Southern Dist. of California), lead counsel, represented plaintiff on design patent infringement case involving clamps used in construction industry (2019). Successfully resolved.
- Jasco v. PRIME, et.al., (Western Dist. of North Carolina), lead counsel in federal court and in Patent Trial and Appeal Board (â€œPTABâ€) for inter partes review, represented defendants and manufacturer of electronic timers in case of alleged patent infringement (2018). Successfully resolved.
- Patent Holder, LLC v. John Doe, et.al. (Southern District, San Diego), as lead counsel for defendant in patent lawsuit against firearms part manufacturer on parts to fit Glock®, had lawsuit filed in Florida transferred to Southern California where it was settled confidentially and dismissed (2018).
- Lead counsel for Defendant, MGO, LLC v. MBI, in two federal court (S.D. California), and two Patent Trial & Appeal Board (“PTAB”) proceedings concerning surfing related patents. Confidential settlement after successful ex parte reexamination of asserted patent.
- Lead counsel for Plaintiff, DOE PLTF. v. DOE DEF., et al., successful confidential resolution after Markman proceedings (N.D. Alabama) on case involving patents for wireless lighting control.
- Lead counsel, obtained successful resolution of matter involving laser decorative technologies after initiating Post Grant Review (“PGR”) to challenge prospective plaintiff’s threatened patents.
- Airwair Int’l Ltd. v. NPS Ltd., et.al. (Northern District, San Jose), lead counsel for British defendant shoe manufacturer concerning trademarks for Airwair® and Dr. Martens® footwear. Successfully resolved confidentially and dismissed (2015).
- Merino v. Igloo, et. al. (Southern District, San Diego), lead counsel for patent plaintiff in consumer products case. Confidentially resolved (2017).
- Lead counsel for plaintiff in Jiro Okabe v. Richard Reinhard a/k/a Richie Ramone, in action concerning copyright, music royalties and sound recordings. Successful confidential resolution (Los Angeles).
- Lead counsel for plaintiff in Davis v. Anonymous Bank, represented NFL player in CA litigation and in arbitration against a financial advisor for negligence and reckless investment advice. Successful confidential resolution.
- Lead counsel for defendant/counter-claimant in patent infringement suit, Matson, Inc. v. Cowboy, et.al, (Northern District of Texas, Dallas). Successfully resolved.
- In Re: Ultraflo v. Pelican, et.al., lead counsel for appellee and argued successfully to affirm defense trial verdict from Southern Dist. of Texas jury trial, finding no trade secret theft or copyright infringement. (5th Cir. Court of Appeals, New Orleans).
- Lead counsel for defendant/counter-claimant, in Team Makena v. John Doe (Orange County, CA). Successfully resolved and secured dismissals of plaintiff’s case for alleged interference with business and unfair competition.
- Lead counsel for defendant/counter-claimant in Zoe Marketing v. John Doe, et.al., (Southern District of California, San Diego). Trademark and branding dispute for clothing, resolved.
- National Rent-a-Fence Company v. National Construction Rentals, Inc., lead counsel for plaintiff in dispute involving trademark rights for fencing companies in Texas and California. Successful resolution (Houston, Texas).
- Ultraflo Corp v. Pelican Worldwide Incorporated, et.al., lead trial counsel for defendants, following a nearly three week jury trial, obtained a defense verdict, and the jury found no trade secret misappropriation or copyright infringement. Plaintiff sought $2.3 million in economic damages and requested punitive damages in multiples several times that amount. The jury awarded no damages. (Houston, Texas).
- Specialty Produce v. Greenscans, representing the Plaintiff, stopped all uses by Defendant of Plaintiff’s online advertising materials. The lawsuit was filed under the Federal Computer Fraud and Abuse Act, the California Penal Code, the Copyright Act, and based on interference with contractual relationships. (San Diego 2014).
- Lead counsel for plaintiff, Engelbrecht v. Chrysler, et.al., wrongful death airbag case. Successful confidential resolution (Brazoria County, Texas).
- Seidio, Inc. v. Boxwave Corporation, et. al. (Southern District of California, San Diego), lead counsel for plaintiff asserting design patent infringement of cell phone cases. Successful confidential resolution.
- Lead counsel for plaintiff in trademark dispute in the legal industry, Utah Land & Law d/b/a Freedom Legal v. Freedom Legal Plans, L.L.C. , et al., Southern District of California, stopped unauthorized use of trademark, shut down offending domain name, obtained monetary settlement, and preserved plaintiff’s name rights.
- Lead trademark trial counsel for defendant: following cross-examination of multiple witnesses, defeated a preliminary injunction asserting “secondary meaning” and a personal name as trademark, Boada v. JWS Trading Co., Southern District of Texas (Houston Division).
- Lead counsel for defendant, Houston Gold Exchange v. Jewelry Buyers, Inc., avoided plaintiff’s attempt to secure a preliminary injunction for a business name alleged to have “secondary meaning” (Harris County, Texas).
- Co-Lead counsel for plaintiff in Fernandez v. Howl USA, Inc., et.al., represented plaintiff for injuries received when stabbed by another patron in a night club. Successful confidential settlement (Houston).
- Boxwave v. Seidio, et.al. (Western District of Washington, Seattle), lead counsel defending against allegations of trademark infringement on cell phone cases. Successful confidential resolution.
- Local counsel and trial consultant, ESP v. Essential Sound Products, Inc., Central District of California (Los Angeles Division). Favorable settlement for Plaintiff in trademark dispute on first day of trial concerning trademark for famous guitar company.
- Counsel for defendant-counterclaimant in the real estate services industry involving a business name dispute, Rodeo Realty, Inc. v. Rodeo Realtors, et.al., Central District of California (Los Angeles).
- Lead counsel for defendant accused of willful copyright infringement using BitTorrent downloads of adult films, Patrick Collins, Inc. v. John Does 1-50, Southern District of California. Successfully resolved for Defendant.
- Lead counsel for plaintiff with co-counsel, Damian LaCroix. Obtained a judgment for client against Starbucks for breach of contract on a commercial lease, plus attorney fees and costs, Joshi v. Starbucks®, Eastern District of California.
- Treefrog Developments, Inc. d/b/a Lifeproof v. Seidio, (Southern District of California, San Diego), lead counsel for defendant-counterclaimant in patent infringement matter involving waterproofing mechanism of cell phones. Successful confidential resolution.
- Patent litigation counsel for plaintiff in Peavey Electronics v. Behringer International, et al., U.S. District Court of New Jersey (Newark), relating to feedback detecting systems and electronic circuits in music amplifiers
- Lead counsel for defendant in medical device and method patent litigation, Tyco Healthcare Group, L.P. v. Total Vein Solutions, LLC, et.al., Northern District of California (San Francisco). After a 2 month jury trial, examination of dozens of witnesses, and defending post-trial motions for months, secured a confidential settlement.
- Counsel for defendant in the flooring products industry, secured early dismissal of an Arizona defendant based on lack of contacts with the State of California, Hallmark Hardwoods, Inc. v. Southwest Hardwood Distributors, Inc., et.al., Central District of California (Los Angeles).
- Lead counsel, represented plaintiff in trademark dispute in the flooring industry, obtained successful confidential settlement, Adame v. CCA Global, et al., Southern District of California (San Diego).
- After filing a declaratory judgment to protect threatened trademark and advertising rights relating to specialized garments, obtained a favorable settlement on behalf of Plaintiffs, C-Saw Enterprises, LLC d/b/a Spare Soles v. Funktional Enterprises, LLC, et al., Southern District of California (San Diego).
- Lead counsel representing plaintiff in declaratory judgment action concerning a gaming patent, Brunn Consulting v. New Vision Gaming, et al., Southern District of California (San Diego), obtained confidential settlement.
- Lead counsel for plaintiff in breach of contract action relating to supply of manufactured goods, obtained successful settlement on behalf of plaintiff against WD-40, C2D, Inc. v. WD-40, Inc., Superior Court of San Diego County.
- Lead counsel for semiconductor manufacturer defendants in Central District of California, defending patent infringement allegations. Obtained settlement with zero damages paid by manufacturers to plaintiffs, or to 3rd party claimants, and obtained a royalty free license, Opto Diode Corporation v. Advanced Photonix, Inc., Infratech, Inc., Central District of California (Los Angeles)
- Lead counsel on copyright infringement matter representing plaintiff, relating to internet forums, successful confidential settlement, Pi Speakers v. Audio Asylum, Southern District of California (San Diego).
- Lead counsel for plaintiff in trademark infringement and counterfeiting case for patented material handling carts, successful settlements obtained against international and national defendants, Dahl v. Music Industries Corp., et. al., Southern District of Texas (Houston).
- Lead counsel for defendant accused of medical device patent infringement, secured confidential settlements, Nova Ranger, Inc. v. Patterson Dental Supply, Inc., et.al., Southern District of California (San Diego).
- Lead counsel for plaintiffs in Declaratory Judgment trademark suit relating to pressure steam cleaning business, Sanitech v. Steamtech, Southern District of California (San Diego), successful settlement, previously represented plaintiff in ICANN proceeding and won.
- Successful confidential settlements on trademark infringement lawsuit between famous Hollywood and New York fashion retailers, Jordache Enterprises v. Dittos, Southern District of New York.
- Attorney-in-charge of defendant, counterclaimant in trademark dispute. German American Chamber of Commerce New York v. German American Chamber of Commerce California et.al., Southern District of California (San Diego).
- Successful confidential settlements on trademark infringement lawsuit defending against an internationally known energy drink company, Red Bull® v. The Tavern on Gray, Southern District of Texas (Houston).
- Lead trial counsel in Akal Investments v. Vaishnavi Enterprises, Inc., 190th Dist. Court, Harris County—winning jury verdict for plaintiff of $1,125,000 on fraud and breach of an oral contract.
- Lead counsel for Defendants in a case relating to candle trade dress, SMI v. McCall’s, Western District of Virginia, obtained consent judgment against plaintiffs and confidential settlement.
- Lead counsel representing defendant in case of alleged copyright and trade dress infringement for three-dimensional bells used in the motorcycle industry, successful settlement, Guardian v. Source, Southern District of California (San Diego).
- Lead counsel for defendant on Guzik v. Harnsberger, successful dismissal for Defendant of malicious prosecution claims using Anti-SLAPP statutes, and settlement of auxiliary issues, San Diego Superior Court.
- Lead counsel representing California defendant in a trademark infringement suit relating to the cosmetic industry, successful confidential settlement, Active Organics v. Natural Thoughts, Eastern District of Texas (Sherman).
- Lead counsel representing defendant in Pi Electronics v. Shaw Software, Inc., et. al., Zeroed damages, and had dismissed alleged $150,000,000 tortious interference and trade secret theft claims, District Court, Harris County, Texas.
- Lead trial counsel in Surgical Innovations, L.P. v. Global Orthopedics, Inc., et.al., defending attorney on legal malpractice and fiduciary breach allegations of over $200,000,000 in damages in connection with a medical device, Harris County, Texas, settled favorably.
- Lead trial counsel on 6250 Westpark, L.P. v. Chambers Enterprises, Inc. et.al., 55th District Court, Harris County, Texas—winning jury verdict for plaintiff on contract breach in commercial tenancy and zeroed original plaintiffs contract claim against ex-wife of famous professional athlete, Deion Sanders; won appeals through Texas Supreme Court. The verdict was affirmed in the Texas Supreme Court, after successful arguments in all appellate forums relating to the propriety of certain jury strikes under Batson.
- Successfully litigated a bad faith failure to pay an accidental death life insurance claim, recovering $100,000 for plaintiff.
- Lead trial counsel in a case of theft of misappropriation of confidential information between rival physicians. Following Mr. Buche’s selection of the jury and cross examination of the opponent’s expert, he obtained a $225,000 settlement from the original plaintiff, on a counterclaim filed against the original plaintiff, Harold Adams v. Medical Anesthesia Associates, L.L.P., 190th Dist. Court, Harris County, Texas.
- Lead trial counsel winning a jury verdict for a counterclaimant, and attorney fees against the original plaintiff, a computer service company that wrongfully sought to collect a debt against a business for defective services, Programming Systems v. Markman Brothers Investments, Harris County, Texas, Justice Precinct
- Lead counsel for Plaintiff, on a case of trademark infringement and unfair competition filed on behalf of a California tax preparation business, successful confidential settlement obtained following motions for preliminary injunction, SAGE, Inc. v. TaxSmart, Inc., et. al., Southern District of California (San Diego).
- Successfully litigated with co-counsel Damian LaCroix and negotiated a settlement in a case of fraud against a professional athlete, Donovan Greer Charitable Foundation v. Defendant, et.al., 215th District Court, Harris County, Texas.
- Lead trial counsel for defendant on trade secret theft and interference with business relations lawsuit. Counterclaimed and recovered a substantial sum for counter-plaintiff against employment recruiter firm, Platinum Solutions, L.L.C. v. Hiller, et. al., Harris County District Court, Houston, Texas.
- Lead counsel for breach of contract action against a residential construction company in connection with a negligently constructed home, Zuspan v. Cobblestone Homes, et.al., 234th District Court, Harris County, Texas.
- Lead counsel for Plaintiff in Woods v. AHD Houston d/b/a Centerfolds, consumer fraud case for plaintiff against sexually oriented business where exotic dancers overcharged plaintiff for services rendered, successful settlement, Harris County Court at Law, Houston, Texas.
- Lead trial counsel for plaintiff in case relating to a swimming pool business and locating of underground utilities, successfully obtained emergency ex parte temporary restraining order, sequestration of electronic records, and writs of seizure for stolen business property, promptly settled. Lightspeed Locating v. Haviland, 152nd District, Harris County, Texas.
John Buche is admitted to practice law in:
- The state of Texas
- The state of California
- United States Supreme Court
- U.S. Patent and Trademark Office
- U.S. Federal Circuit Court of Appeals
- U.S. 5th Court of Appeals
- U.S. 9th Court of Appeals
- U.S. District Courts – California: Southern, Central, Eastern and Northern
- U.S. District Courts – Texas: Southern, Northern, Eastern and Western
Professional organizations that John Buche is affiliated with include:
- San Diego Association of Business Trial Lawyers (2008 to present)
- Consumer Attorneys of San Diego (2009 to present)
- San Diego Intellectual Property Law Association (2006 to present)
- Los Angeles Intellectual Property Law Association (2009 to present)
- Avvo Attorney: (Rated 10.0, Superb) (2014 to present)
- Million Dollar Advocates Forum (Lifetime member)
Contact us to schedule your consultation with John Buche or another member of our practice today.
Protecting Inventions and Creative Endeavors
John Buche’s practice is largely focused on protecting the rights of inventors and creative minds in the states where he practices and throughout the U.S. He does so by assisting his clients with obtaining patents, trademarks and copyrights to licensing and manufacturing. Some of the technologies John has obtained patents in include:
- Medical devices
- Oil field equipment
- Nautical equipment
- Sports and outdoor equipment
- Material handling apparatus
- Construction supplies
- Apparel and accessories
Samples of the patents John Buche has obtained on behalf of his clients can be obtained here.
What our Clients have to say...
Great... They helped me straighten out a patent 10 years ago and now I'm reaping the rewards. Thx JohnFlagPole Buddy2/14/2019
John and his team have been fantastic to work with. They are always responsive, professional and very knowledgeable. Highly recommended.Mark Leone2/09/2018
John and the associates at his firm have done some fantastic trademark and other intellectual property work for my business startup. His legal advice has been invaluable and I can't recommend his services enough.Jim B4/01/2014
I spoke with John and two of his attorneys about a the potential for patenting a bicycle braking apparatus. He was very knowledgeable and generous with his and his teams time. It turned out that the apparatus was not patentable but had it been we would have strongly considered Buche & Associates.MB S3/07/2014