Dustin F Guzior

(The following information was supplied by the firm)

Dustin Guzior is co-head of S&C’s Intellectual Property & Technology Litigation practice and a member of the Firm’s Litigation Group. His practice focuses on trials and hearings, often involving intellectual property, technology, antitrust, or complex commercial disputes. He has represented clients in patent infringement, patent licensing, trade secret, complex contract and commodities and securities disputes. He also has represented clients in connection with dozens of merger clearances before U.S. DOJ and FTC and numerous foreign agencies in a range of industries, including agriculture, pharmaceuticals, financial products and services, industrial equipment, energy, semiconductor technology and banking.

Mr. Guzior’s pro bono service has included helping the ACLU invalidate as unconstitutional Arkansas’ de facto ban on adoption by same-sex couples and helping the ACLU to overturn North Carolina’s ban on marriage for same-sex couples. He also helped secure accommodations for a deaf prison inmate serving a life sentence in a Federal penitentiary.

Recent Publications

  • “Hold Separate Obligations from the Bayer/Monsanto DOJ Settlement” – The Börsen-Zeitung, 2018
  • “Identifying a Suitable Divestiture Buyer and Related Issues” – Global Competition ReviewThe Guide to Merger Remedies, 2018
  • “Implicit Bias in Legal Interpretation,” – 1 Journal of Law and Courts 115, 2013 (with Ward Farnsworth and Anup Malani)

Recent Speaking Engagements

  • Speaker, “PTAB,” Fordham Law School’s Intellectual Property Law & Policy Conference (2019)
  • Speaker, “Fundamentals – Antitrust IP,” ABA Antitrust Law Spring Meeting (2019)



  • Ocado Group as co-lead trial counsel in successful defense of pending ITC Section 337 investigation based on allegations of infringement of five patents and related district court proceedings involving patent infringement and antitrust claims (assertion and defense). In Section 337 investigation, the Chief Administrative Law judge ruled in Ocado’s favor on all claims and patents, finding three patents invalid and one not infringed (the fifth patent was withdrawn the day before trial). This complete defense victory caused Ocado’s share price to increase by 10% and caused the adversary’s share price to decrease by 15%.
  • Columbia University as co-lead trial counsel in securing a unanimous verdict in its favor in a two-week patent infringement jury trial against NortonLifeLock in the Eastern District of Virginia.
  • BlackBerry Limited as hearing counsel in successful pursuit of its $1 billion patent license claim against Qualcomm Incorporated in a JAMS arbitration seated in California.
  • Bayer AG as “first chair” counsel in obtaining a ruling from an ICC tribunal dismissing in their entirety multi-billion euro breach of contract and tort claims brought by BASF relating to divestments that Bayer made in connection with its $66 billion acquisition of Monsanto. The result followed a two-week in person hearing in Frankfurt in November 2021 at which sixteen fact witnesses and four experts testified. The American Lawyer’s Litigation Daily named Dustin and the S&C team “Litigators of the Week” for this win.
  • Bayer AG in connection with successful global antitrust clearance of Bayer’s $66 billion acquisition of Monsanto Company. The hard-won settlement in the United States, which focused on the intersection of intellectual property and antitrust, was covered on the front page of the Wall Street Journal and heralded as a “landmark” by the Washington Post. The case won 2019 “Matter of the Year” from Global Competition Review at the 2019 ABA Spring Meeting.
  • Dolby in connection with multiple patent infringement and licensing disputes.
  • 15 U.S. Research Universities, including Harvard, Yale, and Caltech as IP and antitrust counsel in connection with formation of a novel patent pool and related licensing activities.
  • LifeCell Corporation in successful pursuit of a temporary restraining order and preliminary injunction in a trade secret theft case brought against a medical device company. Mr. Guzior successfully obtained an emergency TRO that blocked launch of a competing product, and participated in an evidentiary hearing that resulted in continuation of the TRO as a preliminary injunction. Mr. Guzior successfully defended the preliminary injunction on interlocutory appeal.*
  • Cisco Systems and Time Warner Cable in defense of a multi-faced patent dispute with Rockstar, a patent assertion vehicle that was formed to assert certain patents acquired out of bankruptcy from Nortel. The case involved complex work across several district courts and the bankruptcy court in Delaware, and Mr. Guzior argued several motions in bankruptcy court. Several early discovery victories led to successful global settlement.*
  • IBM in connection with a trade secret misappropriation claim brought against the company. Achieved dismissal with prejudice after removing the case to federal district court in Oklahoma.*
  • Union Bank in connection with antitrust clearance of its acquisition of Santa Barbara Bank & Trust, which was reviewed by the DOJ and Board of Governors of the Federal Reserved. Successfully persuaded the Board of Governors to redefine a geographic banking market.
  • ASML in connection with acquisition of Cymer, a vertical merger concerning semiconductor manufacturing equipment. Successfully managed a Second Request.
  • Intercontinental Exchange in connection with antitrust clearance of its acquisition of the New York Stock Exchange.
  • FXI in connection with a Section 1 price-fixing class action brought in district court against the company. Mr. Guzior conducted detailed analysis of the case that eventually led to a favorable settlement.
  • Australia New Zealand Banking Group in connection with a securities fraud class action brought against the company. Achieved dismissal with prejudice, and the plaintiffs’ firm (a prominent securities class action plaintiffs firm) was required to pay the defendant’s attorneys’ fees and costs.

*Denotes representations undertaken prior to joining S&C.

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