Marcus A. Barber

Marcus A. Barber is a partner at Kasowitz Benson Torres, focusing his practice on complex patent infringement litigation. He handles cases across a broad spectrum of technologies, including software, pharmaceuticals, and telecommunications. His experience extends to interactive web technologies, streaming media, mobile payment systems, data access patents, and smartphone-related innovations.

Barber has a balanced litigation practice, appearing in 12 plaintiff-side and 8 defendant-side cases. He frequently represents both patent holders and accused infringers, including major technology and telecommunications companies such as Google, LG, Uber, and Verizon. He commenced his career at Kasowitz Benson Torres, relocating with an IP litigation group to the firm's Silicon Valley office in 2014 from Atlanta.

He has been instrumental in several notable cases. Representing MV3 Partners against Roku, he secured a victory in a claim construction hearing and defeated a motion to transfer venue in the Western District of Texas. In Fintiv Inc. v. Apple Inc., Barber co-led the team that defeated Apple's motion to transfer venue and obtained a significant discretionary denial of Apple's inter partes review (IPR) petition by the Patent Trial and Appeal Board (PTAB), a decision that was later made precedential. His work for Google includes securing summary judgment of non-infringement for "Google Docs" and "Google Drive" and obtaining a jury verdict of patent invalidity against Eolas for interactive web technologies. He also secured a complete dismissal and a critical motion to transfer venue for LG, Samsung, and ASUS in a patent infringement case involving Android-based smartphones.

Barber possesses experience with PTAB proceedings, notably evidenced by the precedential denial of Apple's IPR petition in the Fintiv case. He was admitted to the State Bar of California on December 9, 2015, and prior to joining Kasowitz, he clerked for Judges Margaret B. Seymour and Matthew J. Perry, Jr. of the U.S. District Court for the District of South Carolina.