Marcus A. 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, an annual listing that recognizes California’s most promising lawyers under age 40, and named a 40 Under 40 professional by Silicon Valley Business Journal, reflecting his numerous litigation accomplishments, his success in developing new business, and his extensive community and volunteer work. He also received the National Bar Association’s “40 Under 40 Nation’s Best Advocates” Award celebrating the country’s top 40 lawyers under 40 who have demonstrated significant achievements in the legal field, including in advocacy, innovation, vision leadership and overall legal and community involvement. Marcus has been included on Benchmark Litigation’s “40 & Under Hot List” and recognized by IP Stars, IAM Patent 1000 and The Legal 500 as a leading patent litigator.
Marcus currently serves on California Minority Counsel Program’s Ambassadors Council.
Prior to joining Kasowitz, Marcus was a law clerk to Margaret B. Seymour, U.S. District Court for the District of South Carolina, and also to Matthew J. Perry, Jr., U.S. District Court for the District of South Carolina.
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. Chief Judge Leonard P. Stark found that the asserted claims were directed to patent-ineligible subject matter and thus invalid, and granted Google’s motion to dismiss. 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.
- Google, Motorola, LG, Samsung, and ASUS in successfully securing a complete dismissal on behalf of all clients in a patent infringement case alleging Android-based smartphones and wearables infringed a device security patent. Prior to the dismissal, Kasowitz secured a critical and rarely achieved motion to transfer venue, from the Eastern District of Texas to the Northern District of California, following a one-day evidentiary hearing on behalf of all clients.
- ASUS in various patent infringement cases involving a voice-based digital assistant for electronic devices, adaptive antennas, beam switching technologies, and a Multi-Input Multi-Output Orthogonal Frequency Division Multiplexing system.
- Google in a patent infringement case alleging that Google Drive infringed Hall Data’s database synchronization patent. Kasowitz won a motion to transfer venue, from the Eastern District of Texas to the Northern District of California.
- Adobe in a patent infringement matter alleging numerous high-profile companies, including technology giants Apple and Hewlett Packard, violated PanTaurus’ patent describing a secure computer system.
- LG in a seven-patent infringement case involving USB chargers in the Eastern District of Texas. Plaintiff Fundamental Innovation Systems licensed the patents-in-suit from Blackberry, and assert infringement against several high-profile companies, including Huawei and ZTE.
- Google in a patent infringement case in California federal court in which Google seeks a declaration that it has not infringed Eolas Technologies’ patent covering interactive web browser functions. The Federal Circuit granted Google a rare writ of mandamus, confirming that the judge in the initial ruling by the U.S. District Court for the Eastern District of Texas had unfairly committed a “patently erroneous error” against Google. The Federal Circuit’s decision allowed Google to transfer the case to the Northern District of California. This is the third case involving Google and Eolas in which Kasowitz has served as trial counsel for Google.
- Kasowitz served as trial counsel for Google and YouTube in the Eastern District of Texas in a patent infringement action brought by Eolas and the University of California. Kasowitz secured a jury verdict of patent invalidity, defeating claims for hundreds of millions in damages and injunctive relief. The verdict was hailed in the media, including “Texas Jury Strikes Down Patent Troll’s Claim to Own the Interactive Web,” by Wired.com.
- Kasowitz represented Google in a patent infringement case brought in California federal court in which Google and J.C. Penney sought declarations that they have not infringed two Eolas patents covering interactive web browser functions. The case ultimately settled favorably.
- Verizon in numerous patent infringement matters involving cellular communication hand-offs, cellular phone hotspot technology, data transmission protocols, network extender products, audio communication systems for computer networks and interactive media guides.
- Adobe customers (e.g. Bed Bath & Beyond, QVC, J.C. Penney, Kohl’s Corporation and Dillard’s) in a patent infringement case alleging infringement of Tejas’s image file formatting patent. By utilizing the customer-suit exception, Kasowitz filed a declaratory judgment action in the Northern District of California against Tejas. This rarely utilized exception allowed Kasowitz to secure a walk-away victory on behalf of Adobe and its customers.
- Recreational Equipment (REI) in patent litigation action as part of a defense group that included Staples, L.L. Bean, Dillard’s, Drugstore.com, HSN, J.C. Penney, and Rhapsody. The case settled favorably.
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