Josh’s practice focuses on litigation, particularly intellectual property and advertising litigation.
As an IP litigator, Josh focuses on creating and preserving value in IP assets through aggressive enforcement and protection of IP rights. He has represented numerous companies in high-stakes patent, trademark, and advertising litigation. In addition to litigation work, Josh has experience negotiating and drafting IP licenses, assignments, and coexistence agreements. He has also assisted clients with the prosecution of trademark and copyright registrations.
Josh also has extensive experience in advertising litigation and counseling. He has defended clients against false advertising claims brought by consumers individually and as a class, and he has litigated false advertising disputes between competitors. In addition, Josh routinely advises clients on claim creation and substantiation to help minimize the risk of litigation.
Josh is admitted to practice in the US Court of Appeals for Eleventh Circuit, the US District Court for the Northern District of Georgia, US Court of Appeals for the Federal Circuit, US District Court for the Eastern District of Texas, US District Court for the District of Colorado and all Georgia State Courts.
Patent Litigation Experience:
Extensive experience in all aspects of patent litigation, including day-to-day management of pre-suit due diligence, discovery, claim construction, settlement negotiations, summary judgment, and appeals in patent cases.
Argued Markman hearing in Eastern District of Texas on patents related to motion controlled video games and robotic assembly, securing requested construction on every disputed term.
Argued Markman hearing in the Southern District of California on patents related to solar powered, credit card enabled parking meters, securing desired constructions.
Argued summary judgment of non-infringement on multiple patents, securing final judgment of non-infringement.
Argued Federal Circuit appeal defending district court orders granting summary judgment of non-infringement.
Secured finding in favor of client of exceptional case against plaintiff pursuing frivolous infringement claims.
Represented cosmetic packaging patent owner at trial against competitor, securing injunctive relief.
Represented patent owners in IPR proceedings.
Prepared, defended, and presented numerous technical experts in patent matters.
Advertising Litigation and Counseling Experience:
Spent 1 year on site with Fortune 1000 company providing counseling on regulatory compliance for advertising claims, counseling on FTC and trademark issues, and restructuring advertising compliance process.
Represented nationally recognized lawn and garden company in false advertising trial in Eastern District of Virginia, including examination of technical expert witnesses at trial, successfully defending client’s advertisements and proving competitor’s claims to be false and/or misleading.
Represented defendant in consumer false advertising class action seeking recovery of $550 million dollars in statutory damages.
Represented pharmaceutical company against federal suit alleging misleading labeling.
Represented global medical device manufacturer in Lanham Act false advertising case between competitors.
Represented national fast food chain in false advertising arbitration.
Represented clients, and managed the associated case team, for numerous trademark disputes pre-suit, in the USPTO, and in federal court.
Managed trademark enforcement program for Fortune 1000 company.
Managed consumer survey experts on likelihood of confusion and materiality surveys.
Drafted trademark licenses and assignments.
General Litigation Experience:
Extensive deposition experience both domestically and internationally.
Advanced witness preparation experience, including a focus on developing inexperienced expert witnesses into effective deposition and trial witnesses.
Individually represented pro bono client in two day jury trial securing an award of over $100,000, including attorney’s fees.
Negotiated and drafted numerous settlement agreements related to IP and general litigation matters.
Argued prisoner rights appeal before the US Federal Court of Appeals for the Sixth Circuit securing resentencing and release for Pro bono client.
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