Joshua S. Reisberg

Josh Reisberg is a patent and commercial 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. Recently, along with a team at Blank Rome, Josh secured a limited exclusion order on behalf of a leading gallium nitride transistor innovator.

LIFE SCIENCES PATENT & COMMERCIAL LITIGATION

Josh’s life sciences practice spans patent and commercial litigation involving pharmaceutical products, medical devices, and wearable healthcare technology, including Hatch-Waxman, antitrust, trade secrets, and trademark disputes. 

Across 20+ years of experience, Josh has represented both brand and generic pharmaceutical companies in Paragraph IV patent litigations and related antitrust actions. In patent litigation matters, Josh handles the full lifecycle of a case, from pleadings through fact and expert discovery, claim construction, dispositive motions, and trial. 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), 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).

Outside of the pharmaceutical space, Josh has handled patent litigation matters concerning medical devices, including artificial heart valves and surgical implant technologies, as well as commercial disputes between pharmaceutical companies, including relating to milestone payments, inventorship, and manufacturing disputes.

And beyond patent infringement litigations, Josh has also represented life sciences companies in trade secret and trademark litigation, including, most recently, in connection with branding for wearable technology used to diagnose sleep disorders.

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 United States, 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.

• 2013–2017, New York Metro Rising Stars, listed in Super Lawyers