C. Austin Ginnings
C. Austin Ginnings
Associate
PHONE: 212-808-2959 FAX: 212-351-3401
Austin Ginnings practices intellectual property litigation, with an emphasis on patent litigation in federal courts, the U.S. International Trade Commission, and the Patent Trial and Appeal Board.  Austin has represented and counseled clients (including plaintiffs and defendants) in disputes relating to consumer electronic devices, pharmaceutical and biotechnology products, and computer software.  Before joining Desmarais LLP, Austin was an associate at Fitzpatrick, Cella, Harper & Scinto.
 

Prior Experience

  • Associate, Fitzpatrick, Cella, Harper, and Scinto, New York, New York, 2011-2016
  • Technical Advisor/Patent Agent, Baker Botts, LLP, 2007-2008
 

Courts

  • United States District Court for the Southern District of New York, 2013
  • United States Court of Appeals for the Federal Circuit, 2014
 

Clerk & Government Experience

  • Law Clerk, United States International Trade Commission, Office of the Commissioner Deanna Okun, 2009-2011

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Representative Matters

  • Represented consumer electronics company and its subsidiaries as a complainant in consecutive section 337 investigations before the USITC concerning patented toner cartridge technology. Both investigations resulted in obtaining general exclusion orders and multiple cease and desist orders for clients.
  • Represented Japanese pharmaceutical firm in multiple Hatch-Waxman declaratory judgment actions in the Northern District of Illinois, District of New Jersey, and Eastern District of Virginia.
  • Represented consumer electronics company and its subsidiaries as defendants in ten-patent litigation in the District of Delaware. After successfully invalidating multiple patents during Markman briefing, summary judgment, and in IPRs and obtaining no infringement findings on additional patents, case resolved favorably before trial.

Publications

  • C. Austin Ginnings, Stephen Belisle, & Edmund J. Haughey, “The America Invents Act: Provisions That May Impact ITC Investigations,” Financier Worldwide, January 2012
  • C. Austin Ginnings, “New Concern About ‘Articles Concerned:’ Revisiting the Scope of ITC Exclusion Orders After Yingbin and Kyocera,” 20 Fed. Cir. B. J. 503 (2011)

EDUCATION

The George Washington University Law School, J.D., 2011, with honors; Notes Editor, Federal Circuit Bar Journal

Rice University, B.S., Bioengineering, 2007, magna cum laude

ADMISSIONS

2012, New York

Registered to practice before the United States Patent and Trademark Office

CONTACT

NYC

230 Park Avenue,
New York, New York 10169
P: 212-351-3400
F: 212-351-3401