Max Grant is a Global Co-chair of Latham & Watkins’ Intellectual Property Litigation Practice, which won the Chambers USA Award for Excellence in 2012. He serves as trial counsel in patent infringement cases and provides strategic business counseling on intellectual property issues. Mr. Grant is recognized as an experienced first chair trial lawyer.
"One client observes that 'he really impressed us and understood the bottom line, which is that the law is a tool for business.'" – Chambers USA
“Tough, tenacious [and] recommended" in the ITC; is an "experienced first-chair litigator" with "an excellent track record in life science cases." – The Legal 500 US
Twice recogized with an Innovative Lawyers Award for work for C.R. Bard and Cross Match Technologies – Financial Times
"Grant [is] a lawyer who is 'cut from the finest cloth'. The global IP litigation co-chair, he is an 'outstanding leader' with exceptional organizational skills. His trial skills are widely admired: 'His presentation is pristine and he has a background that sits well with the courtroom.'" - IAM Patent 1000
“Top Washington IP Lawyer” – Washington Business Journal
Mr. Grant served as lead counsel in a significant victory for client C.R. Bard. In late 2007, after a six-week trial in the US District Court of Arizona, the jury found that W.L. Gore & Associates willfully infringed Bard’s patent, upheld the patent’s validity and awarded US$185 million in past damages. In 2009, the trial court enhanced the damages award and awarded in attorney fees and prejudgment interest. In 2010, the court awarded supplemental damages and initial compulsory license fees. The total award was more than US$922 million and the win was featured in a cover article in the November 2009 issue of The American Lawyer.
Mr. Grant joined Latham in 2002, after serving as Deputy Assistant Secretary of Defense. In 2005, he was appointed by the Secretary of Commerce to the Patent Public Advisory Committee, a nine-member board that advises the Director of the US Patent and Trademark Office on patent policy, and served a three-year term. Before attending law school, Mr. Grant served as an aide to Senator John McCain and as a Navy SEAL team leader. He is the co-inventor of two US patents.
Mr. Grant is admitted to practice before the Federal Courts of Appeals for the Federal, Sixth, Seventh and Eleventh Circuits. He also is admitted before numerous Federal District Courts (including the Eastern District of Texas) and practices before the International Trade Commission (ITC). He represents pro bono clients before the US Court of Appeals for Veterans Claims. He is a member of the George Washington University Law School IP Advisory Board, the Federal Circuit Bar Association, the New York Intellectual Property Law Association, the Eastern District of Texas Bar Association and the ITC Trial Lawyers Association.
Mr. Grant's representative active matters include:
Schlumberger v. Baker Hughes (AAA Arb.): Lead trial counsel asserting four patents related to optical analysis of hydrocarbons in formation reservoirs. Retained eight weeks before trial set for November 7, 2011.
InterDigital v. Nokia, Huawei & ZTE (ITC; D. Del.): Lead trial counsel representing patent holder asserting seven patents relating to 3G wireless devices, including WCDMA and CDMA2000 capable mobile phones, against three major wireless device manufacturers. Trial set for June 2012.
DuPont v. Heraeus Materials Tech. (D. Del.): Lead trial counsel for defendant in case relating to silver paste technology used in solar panel manufacturing. Allegedly infringing product responsible for US$600 million in annual revenue. Trial date not yet set.
Medivation v. Univ. Calif. Regents & Jung (Calif.): Lead trial counsel representing biotech patent holder in dispute regarding licensing rights to novel, small-molecule drugs used to treat prostate cancer arising from sponsored research. Trial date not yet set.
Pioneer Hi-Bred (DuPont) v. Monsanto (D. Iowa): Lead trial counsel for defendant in case relating to genetic seed vigor enhancement. Trial date not yet set.
Honeywell Int’l v. United States (Ct. Fed. Claims): Represent patentee in infringement action relating to night vision technology with military application, brought under 28 U.S.C. § 1498, on remand.
Cross Match Technologies v. Suprema & Mentalix (Fed. Cir.): Lead appellate counsel representing appellee patentee on appeal of one claim construction term that was basis for finding of non-infringement of software related patent.
Technology Patents LLC v. Telecom Italia et al. (Fed. Cir.): Lead appellate counsel representing appellants Telecom Italia, Telecom Personal and Telecom Brazil on appeal of successful dismissal for lack of personal jurisdiction.
Mayo Labs v. Prometheus Labs (S. Ct.): Member of team representing appellant patentee in landmark Supreme Court case regarding patentable subject matter under 35 U.S.C. § 101.
Mr. Grant's prior trial representations include:
Cross Match Technologies v. Suprema & Mentalix (ITC & E.D. Tex.): Lead trial counsel representing patent holder in infringement case against competitor involving patents relating to proprietary biometric identification technologies (fingerprint scanners). Trial conducted March 2011. In October 2011, Commission final determination issued exclusion order barring accused products from importation into the United States.
CR Bard v. W.L. Gore (D. Ariz.): Lead trial counsel representing patent holder in six week jury trial involving prosthetic vascular grafts made of expanded teflon. Jury verdict of willful infringement and US$185 million in past damages. On post-trial motions, damages doubled to US$371 million, awarded US$19 million in fees, US$20.4 million in prejudgment interest. Trial featured in November 2009 issue of American Lawyer.
Wavetronix v. Electronic Integrated Systems (D. Utah): Lead trial counsel for defendant in patent infringement case involving radar technology for traffic monitoring. Verdict of non-infringement after 14 days of bench trial proceedings. Affirmed on appeal.