Joshua Masur focuses his practice on patent, copyright, trademark, and trade secret litigation. For nearly two decades, Mr. Masur has represented technology companies in federal and state trial and appeals courts, before the International Trade Commission, and in private arbitration and mediation. His experience spans such disparate technologies as computer displays, semiconductor chip design, memory controllers, streaming online video, user interfaces, hyperlinks, WiFi, encryption, biometric and mobile device authentication, automotive pollution controls, and type fonts. Mr. Masur also has particular expertise in intellectual property indemnification disputes.

Mr. Masur has achieved highly favorable outcomes in all of his jury trials and arbitrations. In early 2016, he and his team won a non-infringement jury verdict for the global leader in computer gaming peripherals in the Eastern District of Texas.

Mr. Masur is a past president of the San Francisco Bay Area Intellectual Property American Inn of Court, the premier organization in Northern California dedicated to fostering skills, professionalism, collegiality, and ethics among the intellectual property bench and bar. He was a member of the American Intellectual Property Law Association, and served on several of its committees, including the Committee on Patent Litigation and its subcommittees on the Model Patent Jury instructions, Confidentiality in Litigation, and Pleading Standards. He has been selected for inclusion in THE BEST LAWYERS IN AMERICA® since 2017, and in Northern California SuperLawyers since 2011.

Between college and law school, Mr. Masur worked as a computer and networking consultant and graphic designer.

Mr. Masur is also an avid skier, and served on the National Legal Committee of the National Ski Patrol before being elected to the organization’s Board of Directors in 2016 and being named national treasurer in 2018.

Representative Matters

  • Defended the global leader in computer gaming peripherals at trial against a nonpracticing plaintiff in the Eastern District of Texas, obtaining a jury verdict that client’s gaming mice did not infringe patent in less than two hours of deliberation.
  • Defended a leading international technology company in the Eastern District of Texas against patent infringement claims involving computer mice, obtaining a walk-away without payment.
  • Defended a leading Asian computer, communications, and consumer technology company in the Eastern District of Texas against wireless networking patents, forcing acceptance of a Rule 68 offer of compromise.
  • Defended a leading US computer and office equipment retailer in the Eastern District of Texas against claims of induced infringement by sale of accused products, obtaining dismissal on the merits.
  • Defended a leading Asian computer, communications, and consumer technology company in the District of Delaware and the International Trade Commission against wireless networking patents, obtaining highly favorable settlement.
  • Represented a leading Asian computer, communications, and consumer technology company in the Northern District of California and the Patent Trial and Appeal Board against claims involving hybrid phone and tablet devices, obtaining stipulated judgment in favor of client.
  • Defended a leading Asian computer, communications, and consumer technology company in the Southern District of Florida and Court of Appeals for the Federal Circuit against patent claims related to automatic adjustment of resolution of computer displays, obtaining summary judgment of invalidity for indefiniteness.
  • Won multiple contested motions to dismiss or transfer challenging venue in improper or inconvenient districts.
  • Defended computer and peripheral manufacturers in the Central District of California and Court of Appeals for the Federal Circuit against claims involving automatic correction of digital camera output, obtaining summary judgment that invention was not eligible for patent protection.
  • Defended a leading Asian computer, communications, and consumer technology company in the Eastern District of Texas against encryption patent claims, obtaining stipulated dismissal in response to motion to dismiss on licensing grounds.
  • Asserted pioneering cloud managed network services patents against client’s competitor, obtaining highly favorable settlement in mediation.