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John Giust

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San Diego
858.314.1572



Education

  • George Washington University (LLM, Patent and Intellectual Property Law, summa cum laude)
  • American University (JD, summa cum laude)
  • University of New Hampshire (BS, Electrical and Computer Engineering)

Bar Admissions

  • California
  • District of Columbia
  • Virginia
  • United States Patent and Trademark Office

John’s practice focuses on patent litigation in the federal courts and at the US International Trade Commission (USITC). He has litigated cases involving storage area networks, audio compression, image processing, printing technologies, semiconductor technology, wireless communications, and PC technology. He has been lead trial counsel and argued before the US Court of Appeals for the Federal Circuit.

John has substantial courtroom experience in front of juries and judges. He has handled cases in the Eastern District of Texas, District of Delaware, Eastern District of Virginia, Southern District of California, and at the USITC as well as many other jurisdictions. Clients turn to John for their most important, challenging, and critical cases, whether their company is large or small and regardless of where the case is filed.

As an electrical engineer, John is experienced in presenting complex concepts to juries and judges, using graphics, animations, and demonstrations, and focusing in on the key issues early in the case. He has extensive experience deposing and cross-examining expert witnesses on matters relating to critical technology.

Prior to joining the firm, John was a principal at Fish & Richardson. He has also taught intellectual property at the University of San Diego Law School.

While attending law school, John was employed full-time as a patent examiner at the US Patent and Trademark Office.

Representative Matters

  • Achieved a defense ruling in an ITC case where the client was accused of infringing multiple patents relating to semiconductor probe cards and methods of testing semiconductor wafers. The ALJ found that the patentee failed to prove infringement and domestic industry, and that certain asserted claims were invalid.  
  • Received, on behalf of a defendant, an adverse jury verdict of infringement in a case involving audio codecs, along with an adverse damages award of $1.5 billion. The verdict and award were set aside by the District Court Judge on post-trial motions, with a subsequent affirmance by the Federal Circuit. This is the second largest patent case in history and resulted in a complete victory for the defendant client. 
  • Led a team of lawyers on behalf of a start-up semiconductor company in an IP dispute with an established chipmaker, which led to multiple cases in multiple venues. Won a jury verdict of infringement and enhanced damages on behalf of the client, and won an ITC case brought in retaliation by the chipmaker. 
  • Directed the enforcement, including litigation, of a patent portfolio belonging to a storage area networking company, resulting in profitable settlements and licensing revenue from the company's competitors. Won a jury verdict of infringement against the competitor that wouldn't settle, with the court enhancing damages for willfulness. 

Recognitions & Awards

  • San Diego Super Lawyers: Intellectual Property Litigation (2009 – 2013)
  • Best Lawyers in America: Litigation – Patent (2011 – 2015)

Professional & Community Involvement

  • Member, American Intellectual Property Law Association
  • Member, Federal Circuit Bar Association
  • Member, American Inns of Courts, Louis M. Welsh Chapter (2001)