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    Home /  Lawyers /  Dustin F. Guzior

    Dustin F. Guzior

    Partner

    Dustin F. Guzior Headshot Photo Portrait backdrop

    New York

    +1-212-558-4000

    |

    guziord@sullcrom.com

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    Dustin Guzior is a trial lawyer and the co-head of S&C’s Intellectual Property & Technology Litigation practice. Dustin regularly represents clients in nine- and ten-figure disputes across all technology fields and all types of cases, from IP infringement to M&A and complex contract disputes. Dustin also practices in all venues, representing clients in state and federal jury trials, administrative proceedings, and domestic and international arbitrations.

    Demonstrating the breadth of his practice, in 2022 and 2023, Dustin achieved trial victories in three separate technology cases, each of which had nine or ten figures at issue, and achieved major pre- and post-trial wins:

    • Dustin was first-chair counsel to Bayer AG in defense of multi-billion euro claims brought by BASF SE in an ICC arbitration relating to assets that BASF acquired from Bayer in connection with Bayer’s $66 billion acquisition of Monsanto Company. During a two-week in-person hearing in Frankfurt, Germany, twenty witnesses testified, and in August 2022, the Arbitral Tribunal dismissed all of BASF’s claims and awarded Bayer more than EUR 15 million as reimbursement for costs and fees. Dustin was named “Litigator of the Week” by The American Lawyer. (Link)
    • For Ocado Technology, a U.K.-based robotics company, Dustin was co-lead trial counsel in proceedings before the U.S. International Trade Commission. Ocado’s competitor, AutoStore, sought to shut down Ocado’s U.S. business, and Dustin successfully defended Ocado against claims of patent infringement based on 80 asserted claims across five patents. After trial, the Chief Administrative Law Judge invalidated all of AutoStore’s key patents under § 112 (written description and enablement), and found that another patent was not infringed. In March 2022, the Commission unanimously affirmed the ALJ’s decisions. (Link; Link) The S&C team was named a runner-up for “Litigators of the Week” by The American Lawyer. (Link)
    • Dustin was co-lead trial counsel to Columbia University during a jury trial in Richmond, Virginia (EDVA) in April and May 2022. Columbia asserted patent infringement and correction of inventorship claims against NortonLifeLock, and after a two week trial, a jury of eight unanimously found in Columbia’s favor on all patent infringement claims and correction of inventorship. The jury awarded $185 million to Columbia, and found that Norton’s infringement was willful. The post-verdict motions for trebling and attorneys’ fees are pending. During trial, Dustin performed the cross-examinations of Norton’s patent infringement expert and fact witnesses. The S&C team was named first runner-up for “Litigators of the Week” by The American Lawyer. (Link)
    • Dustin was lead counsel to Bayer in an M&A dispute with Merck & Co., Inc. before the Delaware Court of Chancery, and in April 2023, the Vice Chancellor granted in full Bayer’s motion to dismiss Merck’s claims with prejudice and ruled as a matter of law that Merck indefinitely retained sole liability for talc-related product liability claims in connection with consumer health products that Merck had divested to Bayer in 2014. In a lengthy opinion, the Vice Chancellor adopted all of the arguments that Dustin had made during an extended oral argument. Dustin was named a runner-up for “Litigator of the Week” by The American Lawyer. (Link)

    Dustin has received numerous recognitions and has been a key part of several Firm recognitions, including:

    • 2022 Law360 Rising Star for Technology Litigation (Interview Here: Link)
    • 2022 Bloomberg Law 40 Under 40 for Intellectual Property (Interview Here: Link)
    • 2022 Law360 Practice Group of the Year: International Arbitration (Interview Here: Link)
    • 2021-2022 Intellectual Asset Management (IAM) Patent 1000
    • 2022-2023 Benchmark Litigation 40 Under 40
    • 2019 LGBTQ Bar Association 40 Under 40
    • “Matter of the Year” from Global Competition Review at the 2019 ABA Spring Meeting for Bayer’s acquisition of Monsanto Company (Global Antitrust Clearances)

    Dustin’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 before Obergefell. He also helped secure accommodations for a deaf prison inmate serving a life sentence in a Federal penitentiary, and helped secure improvements to a facility for inmates with serious medical conditions at Rikers Island.

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    Spotlight

    Dustin Guzior Named to Benchmark Litigation’s 2023 ‘40 & Under List’

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    S&C’s Garrard Beeney, Marc De Leeuw and Dustin Guzior Named ‘Litigators of the Week’ for Ocado Settlement in ‘Robot Wars’

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    In Global IP Disputes Called the ‘Robot Wars,’ S&C Secures Settlement for Client Ocado Group plc

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    S&C Obtains Delaware Chancery Win for Bayer in Dispute with Merck Over Liability for Consumer Talc Product Claims

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    Dustin Guzior recognized as a “Future Star” by Benchmark.

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    • Experience
    • Rankings and Recognitions
    • News
    • Publications, Videos and Podcasts
    • Credentials
    • Related Practices
    Experience

    Experience

    • Ocado Group as co-lead trial counsel in patent and antitrust litigation as the plaintiff in the Eastern District of Virginia and District of New Hampshire. Dustin also represents Ocado in AutoStore’s appeal of its ITC case before the Federal Circuit.
    • BlackBerry Limited as co-lead trial counsel of its patent license-related claims against Qualcomm. After an evidentiary hearing, the JAMS tribunal awarded BlackBerry nearly $1 billion. Dustin was a senior associate at the time, and The American Lawyer recognized the S&C team with a “Litigator of the Week” honor. (Link)
    • The University Technology Licensing Program (UTLP) in forming a novel patent pool among 15 U.S. research universities (Brown University, California Institute of Technology, Columbia University, Cornell University, Harvard University, Northwestern University, Princeton University, SUNY Binghamton, UC Berkeley, UCLA, University of Illinois, University of Michigan, University of Pennsylvania, University of Southern California, and Yale University). Dustin obtained favorable business review from the Antitrust Division, U.S. DOJ. and now represents UTLP in its patent licensing activities.

    • Dolby and Via Licensing in connection with multiple patent infringement and licensing disputes, including in the Middle District of Florida.
    • Kodak in successful defense of an adversarial proceeding during Kodak’s bankruptcy in which Apple claimed to be the owner of certain Kodak patents. Successfully argued that laches facially barred Apple’s patent ownership claims.
    • LifeCell Corporation in successful pursuit of a temporary restraining order and preliminary injunction in a trade secret case brought against a medical device company. Dustin successfully obtained an emergency TRO that blocked launch of a competing product, and participated in an evidentiary hearing that resulted in preliminary injunction. Dustin successfully defended the preliminary injunction on interlocutory appeal.*
    • Cisco Systems and Time Warner Cable in defense of a patent dispute with Rockstar, a patent assertion vehicle that was formed out of Nortel’s bankruptcy. The case involved complex work across several district courts and the bankruptcy court in Delaware, and Dustin 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 removal to federal court (2015).*
    • Union Bank in connection with antitrust clearances for its acquisition of Santa Barbara Bank & Trust.
    • ASML in connection with antitrust clearances for its acquisition of Cymer, a vertical merger concerning semiconductor manufacturing equipment.
    • Intercontinental Exchange in connection with antitrust clearances for its acquisition of the New York Stock Exchange.
    • General Cable in connection with antitrust clearances for Prysmian’s acquisition of General Cable.
    • FXI in connection with a Section 1 price-fixing class action brought in District Court against the company, which favorably settled after extensive discovery.
    • 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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    Rankings and Recognitions

    Rankings and Recognitions

    • Chambers USA – Recognized for Antitrust - New York (2022-2023)
    • Law360 – Rising Star for Technology Litigation (2022)
    • Bloomberg Law – They’ve Got Next: The 40 Under 40 – Intellectual Property (2022)
    • Benchmark Litigation – 40 & Under List (2022-2023)

    • Intellectual Asset Management – IAM Patent 1000 (2021, 2022)
    • National LGBT Bar Association & Foundation – Named to “Best LGBTQ+ Lawyers Under 40” list (2019)
    • Super Lawyers – New York Metro Rising Star (2019-2021)
    • Global Competition Review – “Matter of the Year” for work on Bayer/Monsanto (2019)
    • Benchmark Litigation – National Impact Award for the $940 million award for BlackBerry against Qualcomm (2019)
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    News

    News

    • In Global IP Disputes Called the ‘Robot Wars,’ S&C Secures Settlement for Client Ocado Group plc

      July 24, 2023
    • S&C Obtains Delaware Chancery Win for Bayer in Dispute with Merck Over Liability for Consumer Talc Product Claims

      April 5, 2023
    • S&C Wins ICC Arbitration Ruling for Bayer in BASF Dispute

      August 12, 2022
    • Garrard Beeney Moderates Panel at IPBC Global Conference

      June 12–14, 2022
    • S&C Delivers Patent Trial Victory for Columbia University

      May 9, 2022
    • S&C Obtains Critical Trial Victory for Ocado in Patent Dispute

      December 17, 2021
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    Publications, Videos and Podcasts

    Publications, Videos and Podcasts

    • Andrei Iancu, Kate O’Malley, Garrard Beeney and Dustin Guzior Discuss S&C’s Growing IP Practice with IAM

      Articles August 18, 2023
    • Supreme Court Business Review: United States v. Anthrex, Minerva Surgical v. Hologic and Google v. Oracle

      Podcasts September 22, 2021
    • DOJ’s Antitrust Division and FTC Release Draft Vertical Merger Guidelines

      Podcasts January 28, 2020
    • Axel Beckmerhagen and Dustin Guzior Co-author Article in The Börsen-Zeitung Discussing Bayer’s “Hold Separate” Obligations from the Bayer/Monsanto DOJ Settlement

      Articles September 21, 2018
    • Steven Holley and Dustin Guzior Co-author Chapter in Global Competition Review’s The Guide to Merger Remedies

      Articles August 2018
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    Credentials

    Credentials

    Education

    • Boston University School of Law, J.D., 2010
    • The University of Chicago, B.A., 2006

    Bar Admissions

    • New York
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    Related Practices

    Related Practices

    • Litigation
    • Antitrust
    • Intellectual Property & Technology Litigation
    • International Arbitration and Global Dispute Resolution
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