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C. Austin Ginnings

C. Austin Ginnings

Associate
PHONE: 212-808-2959 FAX: 212-351-3401
Austin Ginnings is a senior associate who represents Desmarais LLP’s clients on both the plaintiffs and defense side of patent infringement cases. Mr. Ginnings has represented clients in technology areas including video streaming, content delivery systems, database systems, website applications, call center software and servers, conference call and web meeting software, and medical devices. Mr. Ginnings has represented clients in District Courts in California, Delaware, Illinois, New Jersey, New York, Texas, Virginia, and Washington, as well as before the Federal Circuit and the U.S. International Trade Commission.
 
Mr. Ginnings was part of a team that represented Cisco Systems, Inc. in a patent infringement litigation brought by a licensing entity in the Eastern District of Texas related to conference call software. After successfully moving to transfer the case out of the Eastern District of Texas, Mr. Ginnings and the team were able to obtain a stay of the litigation while the patents were challenged (and ultimately invalidated) before the Patent Trial and Appeal Board.
 
Prior to joining Desmarais LLP, Mr. Ginnings was part of a team that represented a major multinational printing and imaging company as the complainant in two successive Section 337 investigations before the U.S. International Trade Commission concerning toner cartridge technology. In those investigations, Mr. Ginnings and the team were tasked with proving infringement by dozens of respondents in cases that were vigorously litigated, and Mr. Ginnings and the team were able to obtain general exclusion orders for the client in both investigations.
 
Mr. Ginnings earned his bachelor’s degree in Bioengineering from Rice University, and his law degree from George Washington University School of Law. During law school, Mr. Ginnings served as a law clerk to Chairman Deanna Tanner Okun of the U.S. International Trade Commission. After earning his undergraduate degree, Mr. Ginnings also spent a year working in the Houston office of Baker Botts LLP, where he assisted with patent prosecution for the firm’s clients in the oilfield services industry and for multiple university and research institution clients.
 
Mr. Ginnings has been involved in his firms’ pro bono work, including securing an appellate victory for a criminal defendant who was convicted after procedural missteps deprived a jury of critical evidence during the deliberation process.
 
Mr. Ginnings has been recognized as a Rising Star in Intellectual Property Litigation by Super Lawyers (2017-2018) and has served as a member of the Young Lawyers Committee of the New York Intellectual Property Lawyers Association. Prior to joining Desmarais LLP in 2016, Mr. Ginnings was an associate at Fitzpatrick, Cella, Harper & Scinto, where he represented clients in the digital imaging, printing, pharmaceutical, medical device, and electronic device industries.
 

Courts

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

Memberships & Affiliations

  • Federal Circuit Bar Association
  • New York Bar Association

Other Distinctions 

  • Super Lawyers Magazine, New York Metro Area, Rising Star in Intellectual Property Litigation, 2017-2018

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Representative Matters

  • Representing Sound View Innovations in a patent infringement litigation against Hulu, concerning patents related to streaming video systems, website applications, and database technology.
  • Representing Cisco Systems, Inc. in a patent infringement litigation brought by XpertUniverse, Inc., concerning patents related to call center software.
  • Representing Cisco Systems, Inc. in a patent infringement litigation brought by Uniloc, concerning patents related to conference calling software.
  • Represented Sound View Innovations in a patent infringement litigation against Facebook, concerning patents related to streaming video systems and website applications. The case was resolved favorably during discovery.
  • Represented Sound View Innovations in a patent infringement litigation against Fidelity, concerning patents related to website applications, database systems, and server storage systems. The case was resolved favorably during the pleading stage.
  • Represented a pharmaceutical innovator company in a series of declaratory judgment actions (in multiple district courts and the Federal Circuit) brought by subsequent ANDA filers under the Hatch-Waxman Act concerning patents covering a blockbuster hypertension medication.
  • Represented a major digital imaging company in patent infringement litigation brought by a large licensing entity concerning patents related to digital camera, scanner, and LED display technology. The case was resolved favorably following favorable noninfringement and invalidity decisions during Markman and summary judgment, as well as successful IPR petitions.
  • Represented a major multinational printing supplies manufacturer in Section 337 investigations before the U.S. International Trade Commission concerning patents related to toner cartridge technology. Following extensive fact and expert discovery and pre-hearing motion practice, the ITC issued general exclusion orders barring imports of infringing toner cartridges.
  • Represented a fleet management equipment developer in a patent infringement litigation brought by a licensing entity concerning patents related to tracking device technology. The case was favorably resolved on the eve of trial.

Publications


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

United States Patent and Trademark Office

CONTACT

NYC

230 Park Avenue
New York, NY 10169
Phone: 212-351-3400

SF

101 California Street
San Francisco, CA 94111
Phone: 415-573-1900