Josh represents stakeholders and defendants in intellectual property matters involving a variety of technologies. Josh has significant experience litigating patent infringement and validity issues in U.S. district court cases and at the U.S. Court of Appeals for the Federal Circuit, as well as at the U.S. Patent and Trademark Office and the U.S. International Trade Commission. Many of Josh’s cases concern pharmaceutical products, biotechnology, or medical devices; and he has also represented companies in high stakes matters involving chemical processes and manufacturing, wireless communication technologies, personal computing, operating and networking systems, semiconductor layout and design, and hardware and software implementations.
Josh participates in all stages of litigation, from initial pre-litigation counseling through case development, trial, and appeal. He has extensive experience in Abbreviated New Drug Application (ANDA) cases, and has represented clients in district courts across the country, including the District of Delaware, District of New Jersey, Eastern District of Texas, and Northern District of California. He also has represented patent holders and challengers in post-grant proceedings before the U.S. Patent and Trademark Office, including inter partes reviews.
Honors & Awards
- Recognized in The Best Lawyers in America (BL Rankings), Patent Law, 2023 - Present
- Selected to the Texas Rising Stars list by Super Lawyers (Thomson Reuters) in Intellectual Property Litigation, 2015 – 2017, 2021
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
- Represented a large brand pharmaceutical company in ANDA litigation regarding a drug to treat allergic rhinitis; secured verdict that the patent-in-suit was infringed and valid, upheld on appeal.
- Represented a large brand pharmaceutical company in multiple ANDA litigations regarding patents covering a drug to treat nasal symptoms related to allergic rhinitis and nasal polyps; secured verdicts confirming patent validity despite multiple challenges, upheld on appeal.
- Took over representation of a large brand pharmaceutical company during the appeal of a district court’s adverse judgement in an ANDA litigation that a patent covering a chemotherapy drug used to treat brain cancer was unenforceable; secured reversal of district court’s judgement on appeal.
- Represented a large telecommunications company in patent infringement litigation concerning signal transmission in optical communications networks; secured a determination of non-infringement at summary judgment based on favorable claim construction.
- Represented a large technology company in a patent infringement litigation concerning semiconductor layout and design; secured favorable settlement following claim construction.
- Represented a large technology company in patent infringement litigation concerning the use of electronic devices for the provision of location-based services; secured favorable settlement following the conclusion of claim construction briefing.
- Represented a leading payroll and compliance company in trade secret and unfair competition litigation concerning intellectual property related to payroll management systems; secured favorable settlement following the close of fact discovery.
