The National Law Journal has recognized McKool Smith principal Josh Budwin as a 2022 “Plaintiff Trailblazer” in the publication’s annual feature on the nation’s leading plaintiff lawyers who have “achieved remarkable success" representing plaintiffs in high-stakes disputes.

Josh is a principal in McKool Smith's Austin office. He distinguishes himself as one of the firm’s brightest stars and a formidable trial lawyer across venues, including the International Trade Commission (ITC) where he has leveraged the forum to secure exclusion orders and multiple wins for TiVo/Rovi against Comcast in a series of high-profile patent disputes.

Josh’s recent victories include the issuance of three favorable ITC Initial Determinations (ID) recommending exclusion/cease and desist orders, two successful ITC Opinions (including the issuance of exclusion/cease and desist order), a Customs proceeding, and a unanimous precedential Federal Circuit opinion.  Josh’s work on this appeal was particularly illuminating because he worked hand-in-hand with Commission staff, including the ITC General Counsel’s office.

These matters were litigated against a “who’s who” of legal heavyweights who served as opposing counsel – including Latham Watkins, Davis Polk, and Winston Strawn – with Donald Verrilli (the former solicitor general) handling the appeals. In Josh’s role as lead counsel, he was responsible for managing the client relationship and developing the overall case strategy in addition to taking the laboring ore for significant courtroom responsibilities. The activities entailed taking 10 witnesses across the three ITC disputes, including direct and cross-examinations.


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