(210) 886-9500

Nick Guinn assists clients in all aspects of intellectual property, with an emphasis on litigation, primarily infringement actions. Mr. Guinn also prosecutes patent and trademark applications and handles various trademark proceedings before the U.S. Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office.

Prior to joining the firm, Mr. Guinn served as a law clerk to Chief United States District Judge Fred Biery of the United States District Court for the Western District of Texas. In this role, he drafted orders for the Court and assisted with preparing jury charges. Through this experience, he developed tremendous insight into the procedures and considerations of the Court.

During law school, Mr. Guinn completed an internship with Justice Steven Hilbig at the Texas Fourth Court of Appeals, served as president of the St. Mary's University Student Bar Association, and Vice Chair of the ABA Law Student Division. Prior to law school, Mr. Guinn studied chemical engineering at the University of Texas and aided in separations research. He is a frequent speaker on intellectual property and litigation issues, including discovery and evidentiary matters relating to social media, and is frequently invited to give presentations at various organizations.

In addition to his practice, Mr. Guinn immerses himself in the community. He enjoys volunteering with KLRN and Christian Assistance Ministries. He is an active member of his church—teaching Sunday school, coaching high school basketball, and corresponding with missionaries across the world.

Mr. Guinn is admitted to practice before all state and federal courts in Texas, the United States Court of Appeals for the Fifth Circuit, the United States Court of Appeals for the Federal Circuit, and the United States Patent and Trademark Office.

Practice Licenses

  • United States Patent and Trademark Office, 2014–present
  • State of Texas, 2013–present

Courts Admitted

  • Supreme Court of Texas
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court, Eastern District of Texas
  • United States District Court, Northern District of Texas
  • United States District Court, Southern District of Texas
  • United States District Court, Western District of Texas

Education

  • Doctorate of Jurisprudence, St. Mary's University School of Law
  • Bachelor of Science in Chemical Engineering, The University of Texas

Honors

  • Texas Bar Foundation
  • San Antonio Bar Foundation
  • Order of Barristers, St. Mary's University School of Law
  • Staff Writer, The Scholar: St. Mary's Law Review on Minority Issues
  • Judge Jack B. Miller Award for Dedication, Integrity & Professionalism
  • Friends of Alec Scholarship in Chemical Engineering
  • William A and Mary B Cunningham Scholarship in Chemical Engineering

Clerkships

  • Law Clerk, 2013–2014, Hon. Fred Biery, Chief United States District Judge, United States District Court for the Western District
  • Judicial Intern, 2011, Hon. Steven Hilbig, Justice, Texas Fourth Court of Appeals

Professional Recognitions

  • American Bar Association Law Student Division Silver Key Award
  • Christian Citizenship Award, St. Mary's University School of Law
  • Pro Bono and Public Service Certificate
  • Best Speaker, San Antonio Young Lawyers Association Trial Skills Competition
  • Finalist, Undergraduate Research Competition: Olefin Production Via Reactive Distillation Based Olefin Metathesis

Experience

  • Lead counsel representing food manufacturer in its petition for cancellation of a trademark registration for the house mark of a food distributor with annual revenues in excess of $1 billion.
  • Lead counsel representing non-profit health plan enforcing trademarks against infringing institutions using confusingly similar marks.
  • Lead counsel in obtaining favorable verdict for contractor defendant in construction dispute.
  • Lead counsel representing food distributor protecting and enforcing trademarks against infringing parties using confusingly similar marks.
  • Represented large, multi-disciplinary engineering and design firm in action for misappropriation of trade secrets, breach of covenants not to compete and tortious interference with contractual relations.
  • Prosecuted more than one hundred trademark applications in the United States Patent and Trademark Office for all types of industries.

Publications

"Impact of Apple v. Samsung on Design Patent Enforcement," TexasBarCLE: 13th Annual Advanced Patent Litigation, Horseshoe Bay, Texas, July 2017.

"Texas Supreme Court Update," State Bar of Texas Litigation Section, News for the Bar, June 2017.

"Practical Trial & Motions Tips," San Antonio Bar Association Seminar: Bench Motions & Trials IX, May 2017 (co-authored with Judge Michael Mery).

"Gorsuch’s Appointment Could Affect the Deference Given to the USPTO Under Chevron and Auer," State Bar of Texas IP Section, Newsletter, May 2017 at 17–19.

"Texas Supreme Court Update," State Bar of Texas Litigation Section, News for the Bar, March 2017.

"Texas Supreme Court Update," State Bar of Texas Litigation Section, News for the Bar, November 2016.

"Evidence & Discovery," San Antonio Bar Association Seminar: Bench Motions & Trials VIII, May 2016 (co-authored with Judge Cathy Stryker and Judge Richard Price).

"Three Precedential Trademark Cases from Fall 2015," State Bar of Texas IP Section, Newsletter, February 2016 at 8–9.

"E-World—Filing, Service, Discovery, Evidence & Predicates," San Antonio Bar Association Seminar: Bench Motions & Trials VII, May 2015 (co-authored with Judge Cathy Stryker and Judge Richard Price).

"Predicates for Introducing Social Media & Technological Evidence," San Antonio Bar Association Seminar: Bench Motions & Trials VI, May 2014 (co-authored with Judge Cathy Stryker and Judge Richard Price).

"Trade Dress 101," 101 Article Series for the American Bar Association's Young Lawyers Division, Intellectual Property and Internet Law Committee website, January 2014.

Speeches

"Impact of Apple v. Samsung on Design Patent Enforcement," TexasBarCLE: 13th Annual Advanced Patent Litigation, Horseshoe Bay, Texas, July 2017.

"Intellectual Property Issues for Health Law Practitioners," San Antonio Bar Association Health Law Section, San Antonio, Texas, March 2017.

"Learning to Protect Your Work," AIGA, San Antonio, Texas, November 2016.

"How to Do a Pro Bono Clemency Petition," San Antonio Young Lawyers Association, San Antonio, Texas, September 2015

"E-World—Service, Discovery, Evidence, Predicates," San Antonio Bar Association Seminar: Bench Motions & Trials VII, May 2015.

"Distinguishing Your Trademarks," The University of Texas at San Antonio: Upper Division Finance Course, San Antonio, Texas, April 2015.

"Predicates for Introducing Social Media & Technological Evidence," San Antonio Bar Association Seminar: Bench Motions & Trials VI, May 2014.

"Comparing Ethical and Legal Issues in Speech," University of the Incarnate Word: Media Ethics Course, San Antonio, Texas, April 2014.

"Recognizing the Value of Intellectual Property," The University of Texas at San Antonio: Upper Division Finance Course, San Antonio, Texas, March 2014.

Professional Activities and Associations

  • State Bar of Texas, Licensed Attorney
  • American Bar Association
    • Member, 2010–present
    • Vice Chair of the Law Student Division, 2012–2013
  • Texas Young Lawyers Association
    • Secretary, 2018
    • Treasurer, 2016–2017
    • Director, 2010–2017
  • San Antonio Young Lawyers Association,
    • Ex-officio, 2018
    • Director, 2014–2016
  • Texas Exes San Antonio Chapter, Member
  • St. Mary's Law Alumni Association, Member
  • University United Methodist Church: Staff Parish Relations Committee, Member
  • KLRN Community Advisory Board, Member

Personal Interests

An avid fan of "the sports," Mr. Guinn enjoys basketball and the San Antonio Spurs. He also loves to swim, bike, and run in preparation for his next triathlon. Although debated in most tri circles, Mr. Guinn is of the school of thought that a fourth and equally important component of triathlons exists: nutrition. In addition to working and exercising, Mr. Guinn loves spending time with his family and friends—especially, the love of his life, Kristen.