Justin Mullen

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Justin Mullen — patent litigation practice summary

Focus areas. Mullen's patent work centers on electrical engineering and computer technology: cellular standards (LTE/5G, including resource allocation, physical-layer, and control-plane issues), video processing and compression, and — in his current in-house role — machine learning, ecommerce, and open-source-related IP. His tracked litigation appearance is in Wapp Tech Limited Partnership et al. v. Capital One Services, LLC (E.D. Tex., No. 4:25-cv-230), a software case in which Wapp asserted five related patents on mobile application development, testing, simulation, and distribution tools against Capital One, Apple, Frost Bank, and Cullen/Frost Bankers. Notably, Capital One's Rule 12(b)(6) § 101 eligibility challenge is reflected in the docket records returned by search; the court denied the motions to dismiss as moot after Wapp filed an amended complaint (Aug. 22, 2025). The court later entered an order dismissing all claims and defenses between Wapp and Capital One with prejudice (June 22, 2026), which suggests a resolution, though the public docket does not disclose settlement terms. Separately, Capital One petitioned for IPR against Wapp's '192 patent (IPR2025-01325); the Board denied institution on Nov. 20, 2025. Petitions in those PTAB matters list Latham & Watkins as counsel, not Mullen, so his IPR role there is not confirmed.

Side preference. His single tracked appearance is on the defendant side, as in-house counsel for Capital One — consistent with a career defending operating companies rather than asserting patents for NPEs. In private practice at Finnegan, his published practice description stated he represented both patent owners and petitioners at the PTAB and worked patent prosecution for portfolio clients, so his private-practice experience was more balanced than the tracked data alone indicates.

Firm context. Mullen is currently Senior Counsel at Capital One Financial Corporation, described in a Sedona Conference bio as strategic intellectual property counsel with responsibility for AI and ecommerce patent portfolios. Before that he was at Finnegan, Henderson, Farabow, Garrett & Dunner LLP in Washington, D.C.; PTAB filings list him there as backup counsel for patent owner Securus (IPR2015-01226, filed as a patent agent) and as counsel on a 2021 petitioner-side petition. His career began as a USPTO patent examiner (four years, multiplex networking/VoIP).

PTAB, bar, and education. He has PTAB experience as both petitioner- and patent-owner-side counsel in private practice (institution-denial preliminary responses and IPR petition drafting) and is a member of the PTAB Bar Association; the tracked record does not show him as counsel of record in his current in-house capacity. Education and admissions: Georgetown University Law Center, J.D. 2016; Duke University, B.S.E. electrical/computer engineering and computer science, 2009; admitted in D.C. and Virginia and registered with the USPTO (Reg. No. 74,567).

Sourcing note: the Finnegan-era bio and the Capital One/Sedona bio share the same J.D., undergraduate, and USPTO-examiner history, so they appear to describe the same person, though no single source expressly confirms the transition. This attorney should not be confused with "Mullen Industries LLC," a patent-assertion entity involved in unrelated Google/Samsung IPRs, or with the "Mullen" prior-art reference in Donner Technology v. Pro Stage Gear.