Maximilian A. Grant

Max Grant serves as trial counsel in patent infringement cases and provides strategic business counseling on intellectual property issues. He led Latham & Watkins’ Intellectual Property Litigation Practice from 2009-2014, a period during which the group more than doubled in size and won the Chambers USA Award for Excellence. The group’s strategic development and unique trial capabilities were featured in an article in The Recorder, an ALM publication. Mr. Grant has tried over 20 patent cases and is recognized as an experienced and innovative first chair trial lawyer.

  • Named the 2016 District of Columbia IP Litigator of the Year by Managing Intellectual Property
  • "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
  • Recognized three times with Innovative Lawyers Awards for work for C.R. Bard (2010), Cross Match Technologies (2012), and in building Latham’s IP group (2013) – 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 has tried eight cases to verdict in the last three years, including a jury win in Delaware in October 2014 against Chinese telecom manufacturer ZTE. More recently, he won an en banc Federal Circuit argument, affirming issuance of an ITC exclusion order based on contributory infringement, as well as securing dismissal of a patent case in Texas against Acacia for Schlumberger after successfully arguing a motion to disqualify all in-house and outside counsel.   

Mr. Grant also served as lead counsel in a victory for client C.R. Bard; after a six-week trial in the US District Court of Arizona, the jury found that W.L. Gore willfully infringed Bard’s patent, upheld the patent’s validity and awarded US$185 million in past damages. The trial court later enhanced the damages award, awarded attorney fees, as well as supplemental damages and a compulsory license. The total award is more than US$1.3 billion. 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, the Supreme Court, and numerous Federal District Courts and has extensive experience before the International Trade Commission (ITC).