Josh Masur is a Partner in the Litigation Group at Jeffer Mangels & Mitchell LLP.
Josh represents established and emerging technology-focused companies and other businesses in intellectual property and business disputes. His practice focuses on patent, trademark, copyright, trade secret, and licensing litigation, as well as other complex commercial disputes. He has represented clients in federal and state courts across the country, before the International Trade Commission, and in arbitration and mediation proceedings.
Josh combines deep technical knowledge with practical business judgment. Clients rely on him to navigate complex technologies and legal issues while keeping their broader business objectives in focus. His experience spans a wide range of technologies, including computer networking, online marketplaces and other online services, cannabis, streaming video, biometric and mobile device authentication, encryption, prisoner restraints, automotive pollution controls, and digital media. He works closely with clients to develop litigation strategies that are both effective and aligned with clients’ long-term business and legal goals.
In addition to his litigation practice, Josh is a skilled mediator, and serves as a court-appointed neutral for the Northern and Eastern Districts of California. He is a recognized leader in the intellectual property community, having served as President of the San Francisco Bay Area Intellectual Property American Inn of Court and in leadership roles with both the American Intellectual Property Law Association and the American Bar Association Section of Intellectual Property Law; he is currently a chair of both organizations’ subcommittees on patent litigation policy, and serves as vice chair of the ABA’s Trademark Litigation Committee.
Before entering the legal profession, Josh worked as a computer and networking consultant and as a graphic designer. His background continues to inform his ability to understand sophisticated technologies and the business contexts in which they arise. He takes particular pride in his ability to communicate complex technical concepts to courts and juries, and complex legal concepts to inventors, engineers, and business stakeholders.
Away from the office, Josh enjoys skiing, cooking, and baking. He serves as the Legal Advisor to the Far West Division of the National Ski Patrol, and previously served as its National Legal Advisor (outside general counsel) and Treasurer, and was an elected member of its Board of Directors.
Representative Matters
- Obtained a jury verdict of noninfringement in the Eastern District of Texas for a computer gaming hardware company.
- Successfully argued dispositive motions, expert and other preclusion motions, patent claim construction, and fee-shifting motions in courts including the Eastern District of Texas, Central District of California, Southern District of Florida, and Western District of Washington, involving technologies ranging from computer hardware to cannabis consumption devices.
- On behalf of defendants, prevailed on multiple contested motions to dismiss or forced plaintiffs to dismiss cases, including for lack of sufficient intent to support induced patent infringement (in the Eastern District of Texas), due to undiscovered license to members of a standard-setting organization, and based on proof that prior art performed essentially identically to accused products.
- Obtained precedent-setting opinions on issues including patent eligibility; platform liability for users’ actions, including trademark infringement, copyright infringement, and violations of the right of publicity; venue in patent cases; the interpretation of the Digital Millenium Copyright Act, including notice and takedown procedure and the scope of “technological measures;” and ornamental use and aesthetic functionality in trademark law.
- Negotiated settlement and license agreements involving intellectual property rights and indemnification obligations.
Education
J.D., Columbia Law School
A.B., Columbia College
Jurisdictions Admitted to Practice California
Professional & Bar Association Memberships
San Francisco Bay Area Intellectual Property American Inn of Court
American Bar Association, Section of Intellectual Property Law
American Intellectual Property Law Association
California Business Attorney Jeffer Mangels & Mitchell LLP Home
