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
- Benchmark Litigation 40 Under 40
- 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.
