In representing defendants, he has helped clients secure judgments of noninfringement, invalidity, and low damages. In representing plaintiffs, he has helped clients achieve substantial settlements as well as an exclusion order at the International Trade Commission. He has extensive experience in all stages of litigation, including trials in federal district court, the International Trade Commission, and Europe, as well as appeals. Mr. Magic relocated to San Francisco to open Desmarais LLP’s California office, the firm’s first new office since its founding in New York City in 2010.
Mr. Magic’s recent work for defendants includes helping Cisco Systems, Inc. defeat allegations by Egenera, Inc. that certain Cisco datacenter products infringed three patents. In January 2019, the case proceeded to a bench trial on inventorship, which Mr. Magic and other partners tried and won. The firm’s performance at the trial later featured in Law360 awarding the firm 2019 Trials Practice Group of the Year. In August 2022, the case culminated in a two-week jury trial in the District of Massachusetts on one patent. The plaintiff sought $371 million in damages. Mr. Magic and other partners of the firm obtained a verdict of non-infringement of all asserted claims. The firm’s performance at the jury trial featured in Law360 awarding the firm 2022 Intellectual Property Practice Group of the Year.
Mr. Magic represented Apple Inc. in obtaining complete dismissal of two lawsuits (spanning six patents) filed by VoIP-Pal.com, Inc. In each case, the court granted Apple’s motion to dismiss all patent infringement allegations on the ground that the patent claims failed to satisfy Section 101.
Mr. Magic also helped Intel Corp. achieve a favorable result on defense at trial in the Eastern District of Texas. Mr. Magic was responsible for two of the five patents that were the subject of the trial, both of which were asserted against Wi-Fi related technology. At trial, the jury found non-infringement for one of the two patents, and on appeal, the Federal Circuit held that Intel did not infringe the second patent.
Mr. Magic’s recent work for plaintiffs includes helping Enzo Life Sciences, Inc. achieve favorable settlements in patent litigation against numerous defendants in federal district court. Enzo Life Sciences, an early innovator and patent holder in the area of molecular diagnostics, enforced its patents against several defendants, including Life Technologies (later part of Thermo Fisher), Hologic, Illumina, Affymetrix, and several other companies.
In addition to serving clients in patent litigation, Mr. Magic has also served the public sector in several roles. While at Kirkland & Ellis, Mr. Magic took depositions on behalf of the Brooklyn District Attorney’s Office. From 2009 to 2010, Mr. Magic was a law clerk to the Honorable James Ware, District Court Judge in the United States District Court for the Northern District of California. In 2006, while a law student, Mr. Magic was a judicial intern for the Honorable Michael Dolinger, Magistrate Judge in the United States District Court for the Southern District of New York.
Mr. Magic has also won asylum, on a pro bono basis, for clients in immigration court, and he supervises associates who take on immigration cases.
Mr. Magic graduated cum laude from Michigan Law School in 2008. He was an editor of the Michigan Law Review, and he wrote and published patent law analysis in the Law Review. Before law school, Mr. Magic received a bachelor’s degree and a master’s degree in computer science. Mr. Magic began writing software at age 12 (in BASIC), and has written software using C, C++, Java, Perl, and SQL.
Before joining Desmarais LLP, Mr. Magic was a patent litigation associate in the Intellectual Property group at Kirkland & Ellis LLP.
Prior Experience
- Associate, Desmarais LLP, New York, New York, 2014-2018
- Associate, Kirkland & Ellis LLP, New York, New York, 2008-2014
Clerk & Government Experience
- Law Clerk to the Hon. James Ware, United States District Court for the Northern District of California, 2009-2010
- Judicial Intern to the Hon. Michael Dolinger, United States District Court for the Southern District of New York, 2006
Courts
- United States District Court of Appeals for the Federal Circuit
- United States District Court of Appeals for the Ninth Circuit
- United States District Court for the Northern District of California
- United States District Court for the Central District of California
- United States District Court for the Southern District of New York
- United States District Court for the Eastern District of New York
Other Distinctions
- IAM Patent 1000 – Individual Litigation: Silver Ranking (California), 2022-2023
- Managing Intellectual Property, Notable Practitioner, 2020; IP Star, 2021-2023
- IAM Patent 1000 – Individual Litigation: Bronze Ranking (California), 2020-2021
- Super Lawyers, San Francisco, CA, 2022-2023
- Super Lawyers, San Francisco, CA, Rising Star, 2019
- Super Lawyers, New York Metro Area, Rising Star, 2015-2018
Memberships & Affiliations
- American Bar Association