Earl W. Mah

Associate, Litigation  

San Francisco 415.875.2063


Earl focuses his practice on patent litigation and matters involving high technology with a particular focus on litigations involving hardware, software, and Internet and communication technologies. His practice also extends to litigating for niche industries including cloud computing technologies, streaming services and natural language processing.

Earl utilizes his arsenal of technical and legal skills in defending clients from both non-practicing entity and competitor patent lawsuits. He has experience in key phases of pre-trial patent litigation including technical tutorials, claim construction, summary judgment, and expert discovery.

Earl is a Bay Area organizer for the ABA Section of Litigation Judicial Intern Opportunity Program. In addition to planning events, he serves as a mentor to diverse law students serving as judicial externs every summer.

Prior to joining Fenwick, Earl worked as a Senior Technology Risk Consultant, CISA with Protiviti, Inc.

While attending law school, Earl was Primary Editor and Staff Editor for the Washington University Journal of Law & Policy. He also served as a Judicial Extern to the Honorable Susan Y. Illston of the United States District Court for the Northern District of California.​

As an undergraduate student, he pursued a double major in computer science and business administration. His senior design project was in videogame design.

Representative Matters

  • Vortex Pathway v. Yubico. Representing Yubico, a provider of authentication and encryption hardware, against a non-practicing entity in a single patent case pending in the Eastern District of Texas. The relevant technology is cryptographic tokens.
  • Tripwire v. UpGuard. Represented UpGuard, a provider of a digital resilience platform designed to validate compliance and security, in a patent infringement, trade secret and breach of contract case filed by Tripwire in the U.S. District Court for the District of Oregon. The parties settled.
  • Actifio v. Delphix. Represented Delphix against competitor Actifio in a three patent competitor case. Filed three inter partes reviews on behalf of Delphix, all of which terminated successfully either through the patent owner accepting an adverse ruling or voluntary dismissal.
  • Kingsdown v Xsensor. Represented Xsensor against patent infringement claims brought by Kingsdown Earl was heavily involved in developing the non-infringement position by reading the Xsensor code base and determining that there was no infringement.