Joshua S. Reisberg

Biography

Josh Reisberg is a patent litigator and trial lawyer who represents technology and life sciences companies in high-stakes disputes in state and federal courts across the country, including in key patent litigation venues such as the District of Delaware, District of New Jersey, Eastern District of Texas, and International Trade Commission.

TECHNOLOGY & ITC PATENT LITIGATION

Josh has defended major technology manufacturers in patent actions involving cellular and Wi-Fi functionality, semiconductor materials, quantum dot display technology, LED devices, and software, including in Texas, New York, Delaware, New Jersey, and Virginia.

He also has represented clients before the International Trade Commission. Most recently, along with a team at Blank Rome, Josh secured a limited exclusion order on behalf of a leading gallium nitride transistor innovator for whom he

LIFE SCIENCES LITIGATION

Josh’s life sciences practice spans Hatch-Waxman, antitrust, and trade secrets litigation.

Across 20+ years of experience, Josh has represented both brand and generic pharmaceutical companies in Paragraph IV patent litigations and related antitrust actions. On the brand side, Josh has been part of teams that represented Sanofi-Aventis in litigation involving its Allegra® (fexofenadine) product, Forest Labs in litigation involving its Namenda® XR (memantine HCl) product, and Connectics Corporation involving its Evoclin® foam (clindamycin phosphate) product.

On the generic side, Josh has represented both first-filers and other defendants in actions involving a diverse array of products including Hysingla® ER (hydrocodone bitartrate), Ozempic® (semaglutide), Vyvanse® (lisdexamfetamine), Abilify® (aripiprazole), Zohydro® ER (hydrocodone bitartrate), and Ciprodex® (ciprofloxacin HCl).

Josh has also represented clients in multiple antitrust actions stemming from underlying patent litigations, including for Pfizer relating to its Neurontin® (gabapentin HCl) product and Momenta Pharmaceuticals relating to its generic version of the anticoagulant Lovenox® product (enoxaparin sodium).

Beyond patent infringement litigations, Josh has represented life sciences companies in trade secret litigation, including for Pfizer in a trade secret misappropriation litigation brought in California state court involving the development of the company’s pain medication for use in a surgical setting.

TRIAL PRACTICE

Josh has played key roles in cases tried to verdict and judgment, including bench and jury trials. Josh represented an American multinational chemical corporation in a patent infringement action in the District of Delaware involving the company’s patented film-grade polyethylene technology, playing an integral role in securing wins following a jury trial and later bench trial on supplemental damages. He has also worked with international teams in parallel patent litigations outside of the U.S., including in a matter that resulted in a record-setting Canadian patent damages judgment.

OTHER IP ENGAGEMENTS

Josh’s practice has also involved representing clients in design patent, copyright, and trademark and trade dress infringement matters, including digital marketplace disputes and matters pending before the Trademark Trial and Appeal Board.

Outside the Firm

Josh is a competitive, offshore sailor with a particular affinity for solo sailing. In 2019, Josh raced solo from Newport, RI, to Bermuda as part of the Bermuda 1-2 Yacht Race, finishing fifth overall on the solo leg and first in his class. Josh aspires to one day compete in the 2,200-mile Singlehanded Transpacific Yacht Race, which begins in San Francisco and finishes in Hanalei Bay, Hawaii.

Experience

Defended a New Jersey-based pharmaceutical company in a Hatch-Waxman patent litigation action in the District of New Jersey involving otic antibiotic ear drops. The case settled favorably prior to expert discovery.
Defended a global pharmaceutical company in a Hatch-Waxman patent litigation action in the District of Delaware involving abuse-deterrent hydrocodone bitartrate extended-release tablets. The case settled favorably on the eve of trial.
Defended an Indian pharmaceutical company in a Hatch-Waxman patent litigation action in the District of New Jersey involving roflumilast tablets. The case settled favorably following expert discovery.
Represented a Taiwanese electronics company through fact and expert discovery in patent infringement actions involving phosphor-based LED technology.
Defended an American multinational pharmaceutical and biotechnology corporation in a trade secret misappropriation litigation brought in California state court involving the development of the company’s pain medication for use in a surgical setting. Served as the lead attorney working with the expert to rebut opinions directed to the company’s alleged use of trade secret information in clinical trials.
Represented an American multinational chemical corporation in a patent infringement action in the District of Delaware involving the company’s patented film-grade polyethylene technology. Played an integral role in securing wins following a 2010 jury trial and 2012 bench trial on supplemental damages.
Represented an American multinational chemical corporation in litigation involving Canadian patents directed to the company’s polyethylene technology. Assisted the company’s Canadian team in securing a judgment for patent damages totaling over CAN $645 million (USD $500 million), which amounts to the largest reported patent damages award in Canadian history.