Joshua W. Budwin is a principal in McKool Smith’s Austin office. He focuses on patent, copyright, and trademark infringement matters as well as misappropriation of trade secrets and complex commercial litigation. His practice has included actions in Federal District Court as well as in the United States International Trade Commission (ITC).
Joshua has been recognized as a “Rising Star” in intellectual property by Law360, Texas Lawyer, and Super Lawyers and a “Future Star” by Benchmark Litigation.
He is a graduate of Temple University Beasley School of Law and Rensselaer Polytechnic Institute, where he completed the full four-year (eight semesters) engineering curriculum in three years (six semesters). Prior to joining McKool Smith, Joshua clerked at Volpe and Koenig, PC (Philadelphia) and Stief, Waite, Gross, Sagoskin, and Gilman (Newtown, Pennsylvania).
Representative matter highlights:
- Representing TiVo subsidiaries Rovi and Veveo against Comcast in an International Trade Commission investigation involving numerous patents related to interactive search, interactive television program guides, DVR technology, and related technologies. Following a multi-day hearing, the ALJ issued an Initial Determination finding a violation of Section 337. After further briefing, the Commission affirmed the ALJ’s finding of a violation of Section 337 and issued a Limited Exclusion Order and Cease & Desist Order against Comcast and its set-top box suppliers.
- Successfully represented Ericsson in multiple patent infringement disputes against Samsung in both the International Trade Commission and in various district court cases related to LTE, WCDMA, GSM/GPRS/EDGE, and 802.11 wireless technology and FRAND/RAND standard issues.
- Representation of Zenimax and ID software in a trade secret misappropriation and copyright infringement case related to Samsung’s “Gear VR” Virtual Reality headset and related technologies.
- Successfully represented Versata in obtaining a substantial jury verdict in a patent infringement lawsuit alleging infringement by SAP of Versata patents related to pricing software. That verdict (along with pre- and post-judgment interest) was affirmed by the Federal Circuit on appeal. The U.S. Supreme Court denied cert.
Updated Sep 2021