Joseph (Joey) Gray is an Intellectual Property Partner in the Austin office. As a trial lawyer and registered patent attorney, Mr. Gray assists clients in procuring, enforcing, licensing and litigating rights relating to creations of the human mind — such as patents, trademarks, trade secrets, and trade dress. He enjoys representing clients of all shapes and sizes, including both intellectual property owners, and those accused of infringement.
Mr. Gray's clients range from individual inventors and emerging companies to Fortune 500 corporations, and they are leaders in technology, product design, and branding. They hail from across the globe and are innovators in the medical device, healthcare, alternative energy, telecommunications, payment processing, construction equipment, outdoor equipment, physical fitness, and retail spaces, among others. Mr. Gray partners with his clients to develop litigation strategies and IP solutions tailored and accretive to each client’s business objectives.
Mr. Gray has litigated disputes across the country involving claims of patent infringement, trade secret misappropriation, trademark infringement and trade dress infringement, among others. He has chaired trials in federal district courts, at the International Trade Commission (ITC) and before the Patent Trial & Appeal Board (PTAB), and he has represented clients in the Court of Appeals for the Federal Circuit. Most recently, Mr. Gray led a team of approximately fifteen attorneys, from case inception, through trial, in a multi-patent infringement case related to telecommunications technology.
As a registered patent attorney, Mr. Gray also manages patent and trademark prosecution (procurement) before the U.S. Patent & Trademark Office and inter partes review proceedings before the Patent Trial & Appeal Board (PTAB). Mr. Gray additionally helps clients build and manage IP portfolios, conduct IP diligence and pre-suit investigations, and negotiate inbound and outbound license agreements, among other things. He enjoys getting to know his clients and their businesses — and combining that knowledge with his experience to build collaborative, long-term partnerships with each of them.
While at The University of Texas, Mr. Gray was a mechanical engineering student in the Engineering Honors Program, before graduating with highest honors from the McCombs School of Business. Mr. Gray also attended The University of Hawaii (Manoa) and The University of Edinburgh (Scotland) during his undergraduate studies. He subsequently attended Stanford Law School, where he graduated with distinction, served as managing editor of the Stanford Journal of Law, Business & Finance and received the Hilmer Oehlmann, Jr. award for excellence in legal writing. Before entering private practice, Mr. Gray 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.
- Telecommunications provider (Utah): received 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 inter partes review proceedings at the PTAB. Mr. Gray 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.
- Commercial crane manufacturer (Wisconsin): received limited exclusion order on behalf of 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; Mr. Gray 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.
- Medical device manufacturer (Illinois): received full dismissal on behalf of start-up client three months after a large competitor filed a complaint alleging patent infringement; the case was dismissed shortly after Mr. Gray received a favorable ruling curtailing the scope of plaintiffs’ claims.
- Outdoor equipment and fitness product manufacturers (Texas): developed and executed patent, trademark, and trade dress procurement and enforcement programs related to the sale of infringing and counterfeit products; including licensing, pre-litigation assertion, and litigation.
- Sunscreen manufacturer (Texas): received dismissal on behalf of sunscreen manufacturer shortly after the court denied competitor's motion for a preliminary injunction based on alleged trademark and trade dress infringement; Mr. Gray led briefing and oral argument in response to plaintiff's motion for a preliminary injunction.
- Medical device manufacturer (Texas): conducted diligence and negotiated multi-patent cross-license on behalf of emerging company in response to allegations of patent infringement from large competitor.
- Electronic payment processing providers (New York, Texas): received judgment of invalidity on behalf of group of defendants after bench trial in patent infringement case brought by a large competitor relating to credit card factoring; also secured a summary affirmance on appeal to the Federal Circuit; Mr. Gray 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.
- Computer software developer (California, New York): received settlement shortly after favorable claim construction and summary judgment proceedings in a patent infringement case relating to software programming; Mr. Gray handled all depositions and led Markman and summary judgment proceedings on behalf of the plaintiff.
- Prepaid debit card provider (Texas): received settlement shortly after favorable claim construction ruling in a patent infringement case relating to money transfers; Mr. Gray took inventor depositions and led Markman briefing and argument.
Awards & Community
Recognized as a Texas Super Lawyer-Rising Star (Thomson Reuters), 2011-2017
Listed in The Best Lawyers in America (Woodward White, Inc.), 2013-2017