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Overview

Ginger Anders is a complex litigation and appellate partner who most often represents clients in patent and regulatory matters.

Based in the Washington, D.C., office of Munger, Tolles & Olson, Ginger has argued 18 cases before the U.S. Supreme Court.

She joined the firm from the U.S. Department of Justice, where she served as an Assistant to the U.S. Solicitor General and a Deputy Assistant Attorney General in the Office of Legal Counsel. During her nearly eight-year tenure as an Assistant to the Solicitor General, Ginger represented the United States before the U.S. Supreme Court in a wide range of noteworthy cases, formulating the United States’ position before the High Court and consulting on the government’s appellate strategy in the lower courts. She has extensive experience in intellectual property law, particularly patent law, as well as transnational litigation and the Foreign Sovereign Immunities Act, administrative law and constitutional law. In addition to her numerous arguments before the U.S. Supreme Court, Ginger authored the government’s briefs in 35 cases at the merits stage and in hundreds of cases at the certiorari stage.

Ginger represented the United States in the most significant patent cases decided by the U.S. Supreme Court in recent years. She argued for the government in Teva Pharmaceuticals v. Sandoz, which established the standard for appellate review of factual findings in patent claim construction, and Commil v. Cisco Systems and Limelight Networks v. Akamai Technologies, both of which concerned the scope of liability for inducement of patent infringement. She also wrote the government’s briefs in the landmark line of patent-eligibility cases that began with Bilski v. Kappos and continued through Alice Corp. v. CLS Bank. In other areas of law, Ginger wrote the government’s briefs in Fisher v. University of Texas at Austin, Zivotofsky v. Kerry, Bank Markazi v. Peterson and American Express Co. v. Italian Colors Restaurant. She has worked extensively with numerous federal agencies, including the Patent and Trademark Office and the Departments of State and Treasury. Before joining the firm, Ginger spoke on numerous patent-focused panels, including at the Federal Circuit Bar Association conference and the Florida IP Association conference.

Following her tenure as Assistant to the Solicitor General, Ginger served as a Deputy Assistant Attorney General in the DOJ’s Office of Legal Counsel. In that role, she authored opinions resolving questions of law within the Executive Branch and supervised the office’s provision of constitutional comments on pending legislation. She also provided advice to the White House and federal agencies on constitutional and statutory questions, including matters concerning the separation of powers, the scope of Executive Branch authority under various federal statutes, and administrative procedure.

Before joining the Office of the Solicitor General, Ginger practiced appellate litigation, with an emphasis on copyright and commercial law, at a major law firm in Washington, D.C. While there, she represented death-sentenced inmates in challenges to lethal injection, obtaining victories before district courts in California and Missouri. As a result of those cases, both states made significant changes to their lethal injection procedures.

Ginger was recently recognized by Chambers USA, with a Band 2 ranking in nationwide appellate law. In 2017, she was named a “D.C. Rising Star” by the National Law Journal, which recognized her as one of the top 40 lawyers in the region under the age of 40.

Background Pattern

Capabilities

Background Pattern

Experience

Key Representations

University of California in appealing an adverse decision by the Patent Trial and Appeal Board in a highly publicized patent dispute between the university and the Broad Institute of MIT and Harvard involving the gene-editing technology known as CRISPR.

Comcast in a patent claim before the Federal Circuit reviewing an International Trade Commission decision involving set-top boxes.

The Financial Oversight and Management Board for Puerto Rico in litigation challenging the selection of its members under the Constitution’s Appointments Clause.

Sorenson Communications
in an appeal challenging a Federal Communications Commission rate order before the D.C. Circuit.

AmeriGas Propane in successfully defending dismissal of an antitrust class action before the U.S. Court of Appeals for the Eighth Circuit.

Education
Columbia Law School (J.D., 2002)
Yale University (B.A., 1999) summa cum laude
Clerkships
Justice Ruth Bader Ginsburg, U.S. Supreme Court, 2004-2005
Judge Sonia Sotomayor, U.S. Court of Appeals, Second Circuit, 2003-2004
Judge Gerard E. Lynch, U.S. District Court, Southern District of New York, 2002-2003
Admissions
District of Columbia
New York

More

Publications

  • Calls for the views of the Solicitor General: An obscure but important part of Supreme Court practice, ABA Trends 48.6, July/August 2017

Speaking Engagements

  • Moderator, Excellence in Appellate Practice, Federal Circuit Bar Association, June 2018
  • Panelist, Political Speech at the Polling Place: A Preview of Minnesota Voters Alliance v. Mansky, Cato Institute, February 2018
  • Panelist, Supreme Court Preview, Smithsonian Institution Associates Program, September 2017
  • Panelist, Supreme Court Preview, Pacific Legal Foundation, September 2017
  • Panelist, Intellectual Property Disputes in the Supreme Court and Federal Circuit, 2017 GW IP Law Symposium, May 2017
  • Speaker and Oral Advocate, Preparation for Oral Argument: An Inside Look, American Bar Association Section of Litigation Annual Conference, May 2017