Justin E. Gray

Senior Counsel

Overview

Justin E. Gray is senior counsel and an intellectual property lawyer with Foley & Lardner LLP, where he is a member of the IP Litigation Practice.

Education

Mr. Gray graduated from the Northwestern University School of Law (J.D., cum laude, 2006), where he was a staff member and symposium editor for the Northwestern Journal of Technology and Intellectual Property. While in law school, he was a member of the Northwestern Trial Team. Mr. Gray was a judicial extern for the Honorable Mark Filip, United States District Court for the Northern District of Illinois.

Mr. Gray obtained a degree in computer science and mathematics from the University of Wisconsin - Madison (B.S., with distinction, 2003). His focus was on areas such as cryptography, combinatorics, database management systems, and artificial intelligence.

Mr. Gray developed his early experience in the practical application of internet technology as assistant webmaster for the University of Wisconsin Athletic Department where he helped integrate new technologies into the department’s website.

Affiliations

Mr. Gray has served as an adjunct professor at the Northwestern University School of Law, where he taught patent law. He is also the creator and sole author of "Gray on Claims" (grayonclaims.com), a blog devoted to exploring patent claim construction, false patent marking, and related issues.

Admissions and Professional Memberships

Mr. Gray is admitted to practice in California and Wisconsin. He is a charter member of the Richard Linn American Inn of Court.

Recognition

In 2011, he received the firm's IP Founders award, recognizing his service to his clients, his colleagues, and the firm. Mr. Gray was selected for inclusion in the 2015 and 2016 San Diego Super Lawyers® – Rising Stars lists.

Selected Publications and Presentations

  • “Lighting Ballast – What Does It All Mean?” Connecticut Intellectual Property Law Association, October 2013
  • "Federal Circuit Continues to Struggle With the Role of the Specification in Construing Claims," Foley & Lardner IP Litigation Summer 2011 Newsletter, October 2011
  • "False Marking - Case and Settlement Statistics," 2011 Association of Corporate Patent Counsel Summer Meeting, June 2011
  • "Supreme Court Rules on Induced Infringement Standard and Upholds Clear and Convincing Evidence Standard for Invalidity," Foley & Lardner IP Litigation Spring 2011 Newsletter, June 2011
  • Guest panelist on "This Week in Law" podcast discussing false marking, May 2011
  • "Fighting False Marking Through Gov’t Settlements," Law360, November 2, 2010 (with C. Edward Polk)
  • "Patent Marking and the Recent Flood of False Marking Suits," webcast seminar for the State Bar of Wisconsin, June 15, 2010
  • Guest panelist on "This Week in Law" podcast discussing false marking, March 2010
  • "Is Marking Worth the Trouble?" 4 Bloomberg Law Reports - Intellectual Property 10, March 8, 2010 available at bloomberglaw.com (with Allen A. Arntsen)
  • "Federal Circuit Decision on False Marking Means an Uptick in Litigation and Increased Liability Exposure," Foley & Lardner IP Litigation Winter 2010 Newsletter, March 2010
  • Guest panelist on "This Week in Law" podcast discussing In re Bilski and study on increasing domination of the patent system, December 2009
  • "Bilski – End of an Era?," Illinois Paralegal Association 2009 Fall Education Conference, November 2009
  • "Federal Circuit Provides Guidance on Inequitable Conduct, But Leaves Some Questions Unanswered," Foley & Lardner LLP IP Litigation Fall 2008 Newsletter, December 2008
  • "A Potential Lightsaber in the 'Dictionary Wars'," IP Law360, April 2007
  • "Rights Holders Prevail: Evidence Against Streamcast is 'Overwhelming'," World Copyright Law Report, November 2006
  • "Inline or Insane? The Federal Circuit's Recent Interpretation of Festo in Honeywell v. Hamilton Sundstrand," 4 Nw. J. Tech. & Intell. Prop. 100

Representative Matters

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Foley secured a complete victory in the Federal Circuit on behalf of Major League Baseball Advanced Media (MLB Advanced Media), likely ending a 12-year patent dispute. Foley partner Cynthia Rigsby argued in the Federal Circuit in support of MLB Advanced Media’s District Court victory and received summary affirmance just two days post-argument.The case dates back to 2003 and stems from a dispute over a method of condensing a recorded baseball game. Plaintiff Baseball Quick claimed patent infringement and sought a royalty on MLB Advanced Media revenues alleged to exceed $400 million as of 2011. Baseball Quick also asked for damages to be trebled and for attorneys’ fees. MLB Advanced Media denied infringement and claimed that the Baseball Quick’s patent was invalid. In December 2014, U.S. District Judge Kathryn Forrest of the Southern District of New York granted MLB Advanced Media’s summary judgment motion, confirming MLB Advanced Media’s technology did not infringe Baseball Quick’s patent either literally, or under the doctrine of equivalents.Baseball Quick appealed the decision in March 2015 and on December 10, 2015, a Federal Circuit panel including Judges Dyk, O’Malley, and Stoll affirmed the District Court’s decision. MLB Advanced Media was represented on appeal by Cynthia Rigsby, Kevin Malaney and Michelle Moran. In addition to the appellate team, the District Court case team included George Beck, Mary K. Braza, Peter Wang, Yonaton Aronoff, Justin Gray and Sara Madavo.Our other representations for MLBAM involve patent litigation, patent counseling and procurement and licensing. To date, we have applied for 29 patents and successfully obtained 15 on MLBAM’s behalf. MLB has been a pioneer in its on-line sports content distribution and fan interaction strategies. Leading amongst professional sports leagues, MLB is at the forefront of new media technologies and opportunities for expansion to markets beyond the U.S., including Canada, Europe and Japan.
Represented audio/video technology company as lead counsel in patent infringement lawsuit pending in the United States District Court for the Western District of Wisconsin. Obtained favorable settlement.
Foley handled the damage portion of patent infringement lawsuit against RIM in re infringement of a wireless mobile device management patent. Foley obtained a jury verdict of $147 million.