- Rice University (B.A., Summa Cum Laude, 1994)
- Yale Law School (J.D., 1997)
Hon. Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit.
I am a trial lawyer who has handled cases in every corner of the country – from San Francisco to San Juan. I combine a passion for getting on my feet before judges and juries with the work ethic necessary to master the facts and the law before “showtime.”
Much of my practice focuses on high-tech litigation. I have extensive experience handling patent, trade secret, and tech-related antitrust cases, and I have had the privilege of representing clients in some of the nation’s highest profile intellectual-property disputes – from battles over self-driving cars to mediaprocessors to broadband satellites. Whether high-tech or not, however, I have litigated a broad range of high-stake cases:
Sketch of me at the Waymo v. Uber trial by courtroom artist Vicki Behringer.
My strong academic background has armed me to handle such a diverse caseload. I graduated from Rice University in 1994 with three majors, conferred summa cum laude. I then received my law degree from Yale Law School, where I was Managing Editor of the Yale Law Journal and I won the school’s mock trial competition. After law school, I clerked on the Fifth Circuit for the Hon. Patrick E. Higginbotham.
I’m fortunate to have received the kind of accolades that come with a high-profile law practice. I have been named “Litigator of the Week” by The Texas Lawyer (Sept. 2013) and a “Super Lawyer” (2013, 2014, 2015, 2016, 2017, 2018, and 2019) and “Rising Star” (2004, 2005, 2006, 2007, 2008, 2009, and 2011) by Thomson Reuters/Texas Monthly. I was named one of Lawdragon’s Leading Plaintiff Financial Lawyers in 2019, and IAM 1000 deemed me one of the “World’s Leading Patent Professionals” in 2017 and 2020. Benchmark Litigation Report (published by Legal Media Group) recognized me in 2011, 2013, 2015, 2016, and 2017 as a “future star” in Texas. It also labeled me a “future star” in 2010, and commented that I was viewed as a “prominent complex commercial litigator.” Likewise, in 2009 it noted that I had “receive[d] praise for an array of intellectual property matters.” H Texas Magazine (published by Bayou City Publishing LL) named me a “Top Lawyer” in 2008, 2009, 2010, and 2013; a “Top Lawyer for the People” in 2009, and a “Professional on the Fast Track” in 2004 and 2005. I was recognized in the International Who’s Who of Competition Lawyers & Economists (published by Law Business Research Ltd) in 2014, and I also was named an “IP Star” by Managing Intellectual Property in 2015, 2017, 2019, and 2020 (published by Euromoney Legal Media Group). And, perhaps most impressive of all, I am responsible for one of the “Nine Most Ridiculous Moments” from the high-profile Waymo v. Uber trial.
When not practicing law, I have volunteered regularly at Rice University, where I served as Chair of the Rice Annual Fund, co-chair of Rice’s Centennial Gala, the alumni representative on the University Committee on Teaching, and co-chair for my class’s 25th Reunion. I am also an amateur – i.e., unsuccessful – screenwriter. Nevertheless, I have won recognition in numerous screenplay competitions, including the Atlanta Film Festival, the Austin Comedy Short Film Festival, the Georgia Shorts Film Festival, the Harlem International Film Festival, the Houston Comedy Film Festival, the Marfa International Film Festival, the New York Screenplay Contest, and the WorldFest-Houston International Film and Video Festival.
In February 2016, a team of Susman Godfrey lawyers including Grinstein tried a case in federal district court in San Juan, Puerto Rico on behalf of the nation’s largest retailer, regarding the constitutionality of certain provisions of Puerto Rico’s Alternative Minimum Tax. Grinstein was involved in all aspects of the case, including examining both sides’ constitutional and tax experts at trial. In March 2016, the district court issued its opinion, declaring the challenged AMT provisions to violate the dormant commerce and equal protection clauses of the U.S. Constitution, in addition to the Federal Relations Act. The district court then enjoined further enforcement of these AMT provisions. There is a significant jurisdictional hurdle to challenging state (or commonwealth) taxes in federal court, so this ruling was a rare instance in which such a tax has been held unconstitutional by a federal district judge.
Puerto Rico then appealed the district court’s ruling. In June 2016, Grinstein argued the appeal to the United States Court of Appeals for the First Circuit. In August 2016, the First Circuit upheld the injunction and affirmed the district court in full. To hear the audio of Grinstein’s oral argument, click here (starting at 21:55).
In May 2012, Grinstein – along with a team of lawyers from Susman Godfrey and co-counsel Heim, Payne & Chorush – obtained a $15.4 million verdict on behalf of his client, PACT XPP Technologies, AG, in federal court in Marshall, Texas. PACT alleged that Xilinx, Inc. and Avnet, Inc. had infringed two of PACT’s patents via their sale of certain Xilinx-branded Field Progammable Gate Array (FPGA) devices. The jury found that both PACT patents were infringed and valid, and it further determined Xilinx’s infringement to be willful. Grinstein was first chair at trial, handling PACT’s opening statement and closing argument, as well as presenting or cross-examining several key witnesses.
In September 2013, the District Court entered judgment on the verdict. After enhancing the jury’s verdict and awarding attorney’s fees on account of the willfulness finding as well as adding costs and interest, the judgment in PACT’s favor totaled approximately $44 million. The case settled for a confidential amount while on appeal.
In recognition of Grinstein’s accomplishments on the case, the September 16, 2013, edition of The Texas Lawyer named him “Litigator of the Week” and printed a story in which he was quoted and pictured.
American Bar Association, Texas state bar, and the Houston Bar Association.