JOSEPH GRAY

Joseph (Joey) Gray is an intellectual property litigator and registered patent attorney with over 20 years of experience advising and representing clients involved in technology disputes. Joey has served as lead counsel in federal district court litigation across the United States, in proceedings before the Patent Trial & Appeal Board (PTAB), and in appeals to the Court of Appeals for the Federal Circuit. Based in Austin, Joey also serves as local counsel in cases filed in the Western District of Texas.

​

Joey enjoys representing clients of all sizes in disputes involving patents, trade secrets, and other IP rights. His clients range from emerging companies to Fortune 500 corporations, hail from across the globe, and are innovators in the e-commerce, payment processing, semiconductor, telecommunications, information technology, and medical device spaces, among others. Joey collaborates closely with his clients to develop and execute strategies aligned with each client’s business objectives.

​

As a registered patent attorney, Joey handles inter partes review (IPR) and ex parte reexamination (EPR) proceedings before the PTAB on behalf of patent owners and patent challengers. He also conducts IP diligence and negotiates intellectual property license agreements. He enjoys getting to know his clients and their businesses—and combining that knowledge with his experience to build long-term partnerships.

​

While at The University of Texas, Joey was a mechanical engineering student in the Engineering Honors Program before graduating with highest honors from the McCombs School of Business. He was proud to be a Terry Scholar at UT-Austin. He also attended The University of Hawaii at Manoa and The University of Edinburgh (Scotland) during his undergraduate studies. Joey graduated with distinction from Stanford Law School and served as managing editor of the Stanford Journal of Law, Business & Finance. Before entering private practice, Joey was honored to serve as a judicial clerk to the late Honorable William Wayne Justice of the United States District Court for the Eastern District of Texas.

 

AWARDS

Listed in The Best Lawyers in America (Woodward White, Inc.), 2013-2026

Recognized as a Texas Super Lawyer-Rising Star (Thomson Reuters), 2011-2019

 

REPRESENTATIVE MATTERS

 

• Electronic payment processing providers (New York, Texas): secured judgment of invalidity of all asserted claims on behalf of group of defendants after bench trial in patent infringement case brought by a large competitor relating to credit card factoring; secured a summary affirmance on appeal to the Federal Circuit; Joey led the team from case inception through appeal, examined fact and expert technical witnesses at deposition and trial, and delivered the closing argument for all defendants at trial.

• E-commerce company (Canada): secured judgment of invalidity of all claims of all three asserted patents as lead counsel on behalf of defendant; Joey led the litigation and IPR teams from case inception through appeal; the litigation was stayed on the eve of trial pending IPR final written decisions; PTAB found all asserted claims unpatentable, and the Federal Circuit summarily affirmed.

• Computer software developer (California, New York): secured favorable settlement for patent owner after favorable claim construction and summary judgment rulings in lawsuit relating to software programming; Joey handled all depositions and led Markman and summary judgment proceedings on behalf of the plaintiff.

• Commercial crane manufacturer (Wisconsin): secured limited exclusion order on behalf of patent owner-complainant in an ITC investigation involving claims of trade secret misappropriation and patent infringement; after trial, the ALJ found (and the Commission affirmed) that the respondents violated Section 337; Joey examined key fact and expert technical witnesses at trial, led pre-hearing and post-hearing briefing and managed day-to-day activities of the team throughout the fast-paced ITC investigation.

• E-commerce company (Delaware): secured favorable settlement for defendant shortly before expert discovery in five-patent competitor lawsuit involving internet and website functionality; Joey led the team’s litigation strategy and first chaired the team’s courtroom presentations.

• Telecommunications provider (Utah): secured judgment of invalidity or dismissal of all claims of twelve patents asserted by a competitor; the dispute spanned three district court lawsuits in Wisconsin and numerous IPR proceedings. Joey examined and cross-examined expert witnesses at trial, presented oral argument at PTAB proceedings, and led a team of approximately fifteen attorneys through discovery and trial.

• Medical device manufacturer (Illinois): secured dismissal on behalf of start-up defendant three months after a large competitor filed patent infringement lawsuit; case was dismissed shortly after the Court issued a favorable order significantly curtailing the scope of plaintiffs’ claims.

• Medical device manufacturer (Texas): conducted diligence and negotiated large portfolio cross-license on behalf of emerging medical device (spinal implant) company in response to allegations of patent infringement from large competitor.