Joshua W. Budwin

Joshua W. Budwin is a Principal in the Austin office of McKool Smith, focusing on high-stakes intellectual property litigation, including patent, copyright, and trademark infringement, as well as misappropriation of trade secrets and complex commercial litigation. His practice encompasses a broad range of technologies, notably cellular telecommunications (LTE, WCDMA, GSM/GPRS/EDGE, 802.11 wireless technology), FRAND/RAND standard-essential patents, video coding, pricing software, interactive television program guides, DVR technology, and medical devices such as balloon angioplasty catheters and stent devices. He has represented major technology companies including Nokia, Ericsson, AT&T, Verizon, T-Mobile, and InterDigital.

Throughout his career, Mr. Budwin has demonstrated experience representing both plaintiffs and defendants in patent disputes, with a strong record of success for patentees. On the plaintiff side, his clients have secured jury verdicts totaling well over $1 billion. He has been recognized as a "Plaintiff Trailblazer" by The National Law Journal, reflecting his significant achievements in representing plaintiffs in high-stakes disputes. His work often involves actions in Federal District Courts and the United States International Trade Commission (ITC), and he has been lead counsel in various forums across the country and managed teams engaged in global IP litigation.

Mr. Budwin has played a pivotal role in numerous notable cases. He was counsel in Nokia Technologies Oy v. ASUSTek Computer Inc., which has involved litigation in the Central District of California and the Delhi High Court, related to mobile communication standards. Other significant victories include securing substantial jury verdicts in Versata Software, Inc. v. SAP AG (pricing software), Medtronic Vascular Inc. v. Boston Scientific et al. (medical devices), and ParkerVision Inc. v. Qualcomm Inc., with several of these verdicts affirmed on appeal to the Federal Circuit and challenges denied by the U.S. Supreme Court. He also achieved three consecutive ITC victories for Rovi (a TiVo subsidiary, now Adeia) against Comcast, leading to multiple exclusion orders and a precedential Federal Circuit opinion.

While not primarily focused on PTAB/IPR proceedings as counsel in reported cases, Mr. Budwin is involved in the discourse surrounding them; an IPR was filed against his client Nokia in 2025. He has also co-authored an article offering recommendations for USPTO reform, including clarifying PTAB standards. Mr. Budwin holds a B.S., cum laude, from Rensselaer Polytechnic Institute, and a J.D. from Temple University Beasley School of Law, where he served as President of the Student Bar Association. He is admitted to the Texas Bar.