Josh Newcomer

Josh Newcomer is a Managing Principal in the Houston office of McKool Smith, where his practice emphasizes complex patent litigation, particularly involving standard-essential patents (SEPs) and high-technology disputes. He frequently handles cases related to telecommunications (including 2G, 3G, 4G, and 5G technologies), video coding standards (such as AVC and HEVC), chip design, and interactive television/DVR technologies. Newcomer's work often involves International Trade Commission (ITC) investigations, where he has developed expertise in domestic industry and public interest issues.

In patent matters, Newcomer primarily represents patent holders. His experience includes acting as lead counsel for Nokia Technologies Oy in its patent litigation against Acer Inc., a case that is part of a broader global enforcement effort concerning video coding technology. He has also represented Ericsson in global patent campaigns asserting 5G standard-essential and implementation patents against Lenovo, which resulted in a cross-license agreement, and previously represented Ericsson against Apple regarding 2G, 3G, and 4G technologies. Additionally, he has represented TiVo subsidiaries Rovi and Veveo in an ITC investigation against Comcast involving patents related to encryption, communication, and interactive television program guides.

Newcomer's intellectual property practice also extends to Inter Partes Review (IPR) and other Patent Trial and Appeal Board (PTAB) disputes, reflecting his comprehensive engagement in patent enforcement and defense strategies. McKool Smith is recognized for its activity in both ITC and PTAB proceedings.

He earned his J.D., magna cum laude, from Temple University School of Law in 2007 and his B.A., cum laude, from the University of Pennsylvania in 2001. Prior to joining McKool Smith in 2013, he clerked for the Honorable Carolyn Dineen King of the U.S. Court of Appeals for the Fifth Circuit and the Honorable William H. Yohn Jr. of the U.S. District Court for the Eastern District of Pennsylvania.