333 Twin Dolphin Drive, Suite 200
Redwood Shores, CA 94065

+1 650 453 5413

40 & Under Hot List

Practice area:

Intellectual property

Marcus Barber’s practice focuses on complex patent infringement cases involving a wide range of technologies including software, pharmaceutical and telecommunications. He has experience in all phases of patent litigation, including fact and expert discovery, claim construction, motion practice and trial. 

Marcus frequently litigates high-stakes matters for some of the largest technology and telecommunications companies in the world, including Google, LG, Uber, Verizon, ASUS, Samsung, Adobe and Sony Electronics. 

Marcus was recognized by the Daily Journal on its 2020 Top 40 Under 40 list, named a 40 Under 40 professional by Silicon Valley Business Journal and received the National Bar Association’s “40 Under 40 Nation’s Best Advocates” Award. Marcus has also been included on Benchmark Litigation’s “40 & Under Hot List” and recognized in IAM Patent 1000 as a leading patent attorney in California. 

Work Highlights: 

  • Uber in securing dismissal of a patent infringement case alleging that Uber’s user application infringed Halio Technologies’ automated dispatch and payment system patent. 
  • Google in securing summary judgment based on non-infringement and further granting Google’s motion monetary sanctions in a patent infringement suit brought in the Southern District of Texas by SuperSpeed Software, alleging that “Google Docs” and “Google Drive” infringed two data access patents that SuperSpeed incorporated into software used to accelerate the performance of computers linked to a shared-disk network. 
  • MV3 Partners in securing a victory in a claim construction hearing against streaming media company Roku for patent infringement in the Western District of Texas. As alleged in the complaint, Roku earns hundreds of millions of dollars in revenue and profit selling streaming media players and smart TVs nationwide that incorporate MV3’s patented invention. 
  • Reddit in a patent infringement case that alleges Reddit, as well as 50 other Amazon customers including Airbnb and Square, use Ruby on Rails software implementing the HTTP web protocol, as well as Amazon Simple Storage Service. 
  • Google in securing a complete dismissal in a patent infringement challenge brought by Data Engine Technologies in the District of Delaware. Data Engine alleged that Google Sheets infringed patents which purportedly covered the Quattro Pro for Windows® spreadsheet program sold by Borland Software Corporation. This matter originally began as a six-patent case against Google, which Kasowitz successfully reduced to three patents. 
  • Fintiv in defeating Apple’s motion to transfer venue of Fintiv, Inc. v. Apple Inc. from the Western District of Texas to the Northern District of California, as well as obtaining a discretionary denial Apple’s inter partes review petition before the Patent Trial and Appeal Board (PTAB) in a decision that was made precedential. The complaint in the action alleges that Apple Wallet and the Apple Watch infringe Fintiv’s patent relating to the management of virtual cards stored on mobile devices. 

Updated July 2021