Patent litigation attorney
Joshua Newcomer
5 tracked appearances — 4 plaintiff · 1 defendant.
Specialty & background
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Joshua J. Newcomer — Patent Litigation Practice Summary
Specialty / focus areas. Newcomer's patent work is concentrated in Section 337 investigations at the U.S. International Trade Commission, where he represents patent owners asserting standard-essential and standards-adjacent technologies. His matters span video coding (AVC/H.264 and HEVC/H.265), 5G NR cellular SEPs, earlier 2G/3G/4G cellular technology, chip design, and video playback/interactive-TV/DVR technologies (Rovi and Veveo). The firm describes his ITC expertise as centered on the economic domestic-industry prong and public-interest issues. Notably, Newcomer's McKool Smith bio frames him primarily as a complex commercial litigator — bankruptcy, fraudulent-transfer, fiduciary, and construction disputes — with ITC patent work as a substantial secondary practice; his peer-recognition listings (Best Lawyers, Chambers) likewise categorize him under bankruptcy and general commercial litigation rather than patent law.
Side preference. He works overwhelmingly for patent owners. Four of his five tracked appearances are plaintiff-side, and public reporting identifies him among the McKool Smith team representing Nokia (and separately Ericsson) as complainants. He is not an NPE/PAE counsel; his clients are large operating companies monetizing their own SEP portfolios. His one defendant-side entry appears in the same Hisense matter in which he is also listed as plaintiff counsel, consistent with counterclaim or parallel-proceeding posture rather than a distinct defense practice.
Firm context and background. He has been with McKool Smith throughout his tracked patent litigation career and is Managing Principal of the firm's Houston office. Before joining McKool Smith he clerked for the Honorable Carolyn Dineen King (Fifth Circuit) and the Honorable William H. Yohn Jr. (E.D. Pa.); no prior law-firm history is identified in public sources. He holds a J.D. (magna cum laude) from Temple University School of Law (2007) and a B.A. (cum laude) from the University of Pennsylvania (2001), and is admitted in the Texas federal district courts (S.D., E.D., N.D., and W.D. Tex.).
Notable cases and outcomes. His most prominent tracked matters are the Nokia video-coding campaigns against Amazon and HP, in which he served as lead counsel. The Delaware/ITC disputes over HEVC/AVC SEPs ended in a March 2025 patent agreement resolving all worldwide Nokia–Amazon litigation (the HP action settled in October 2024), following an ITC initial determination in Nokia's favor. He is also part of McKool Smith's team for Ericsson against Lenovo in Inv. No. 337-TA-1375, where ALJ McNamara's December 2024 initial determination found a Section 337 violation on four asserted Ericsson patents — a dispute later resolved through a global cross-license with withdrawal of all litigation and administrative proceedings, including at the ITC. Earlier representative ITC work includes Rovi/Veveo v. Comcast and Ericsson v. Apple.
PTAB / IPR experience. Public sources do not establish that Newcomer is a regular PTAB practitioner; no verified counsel-of-record appearances in IPR/PGR proceedings were found, and his tracked docket is ITC- and district-court-focused. Related IPRs do exist in his clients' campaigns — for example, Amazon's IPR2024-00848 against Nokia Technologies was terminated on the March 2025 settlement — but whether Newcomer appeared as counsel in those proceedings is not confirmed by the sources reviewed.
Verification note: the profile and case list are drawn from McKool Smith's website, Law360, CourtListener/PACER, ITC EDIS filings, and Reuters/MLex reporting. The characterization of Newcomer as principally a commercial/bankruptcy litigator who also handles ITC patent matters is directly supported by his firm bio. No personal details are included; the summary is limited to professional career information.
Firms
Roles
- lead counsel3
- Counsel1
- counsel1
Cases (5)
- π plaintiffNokia Technologies Oy v. [Various Defendants]McKool Smith · lead counsel
- π plaintiffNokia Technologies Oy v. Amazon.com, Inc. et al.McKool Smith · lead counsel
- π plaintiffNokia Technologies Oy v. Hisense Co., Ltd. et al.McKool Smith · Counsel
- Δ defendantNokia Technologies Oy v. Hisense Co., Ltd. et al.McKool Smith · counsel
- π plaintiffNokia v. HP, Inc. et al.McKool Smith · lead counsel