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Peter C. Magic

Peter C. Magic

Partner, San Francisco
PHONE: 415-573-1899 FAX: 415-573-1901
Peter Magic is a patent litigator and he leads Desmarais LLP’s California office. He represents plaintiffs and defendants in patent litigation in a variety of industries including computer hardware, software, telecommunications (including matters related to standard essential patents), cellphone technology, and medical devices.
 
In representing defendants, he has helped clients secure verdicts of noninfringement 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 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), Illumina, Affymetrix, and several other companies.
 
Mr. Magic’s recent work for defendants includes helping Cisco Systems, Inc. defend against allegations brought in Massachusetts federal court by Egenera, Inc. that certain Cisco datacenter products infringed three patents. Mr. Magic helped achieve early dismissal of one of the patents as invalid under Section 101. The Patent Office later held the second patent invalid in Inter Partes Review. The court adopted Cisco’s proposed constructions on numerous claim terms for the remaining patent.
 
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.
 
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, Kirkland & Ellis LLP, New York, New York, 2008-2014


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  


Memberships & Affiliations

  • New York Intellectual Property Law Association
  • American Intellectual Property Law Association
  • American Bar Association


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

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Representative Matters

  • Represented Apple against nCAP Licensing in a patent infringement case relating to antennas.
  • Represented Cisco Systems against Egenera in a patent infringement case relating to datacenter products.   
  • Represented Enzo Life Sciences against numerous defendants in patent infringement cases involving molecular diagnostics.
  • Represented Intel against Ericsson in a patent infringement case involving Wi-Fi technology.
  • Represented Apple against Nokia and HTC in a patent infringement case relating to cellphones.

Publications


Events

  • Super Lawyers Magazine, New York Metro Area, Rising Star in Intellectual Property Litigation, 2015-2018

EDUCATION

University of Michigan Law School, 2008, cum laude, Michigan Law Review, Associate Editor

University of Texas at Austin, M.S., Computer Science, 2004

The Johns Hopkins University, B.S., Computer Science, 2002

ADMISSIONS

2009, New York

2011, California

Registered to practice before the 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