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 copyright 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, and the Georgia Supreme Court.

Relevant Experience

  • Responsible for numerous aspects of litigation matters, including pre suit due diligence, discovery, settlement negotiations, summary judgment, and trial.
  • Represented nationally recognized lawn and garden company in false advertising trial in the Eastern District of Virginia. Examined technical expert witnesses, successfully defended client’s advertisements and proved competitor’s claims to be false and/or misleading.
  • Argued Markman hearing in the Eastern District of Texas on patents related to motion controlled video games and robotic assembly, securing requested construction on every disputed term.
  • Represented cosmetic packaging patent owner at trial against competitor, securing injunctive relief.
  • Managed trademark enforcement program for Fortune 1000 company.
  • Represented patent owner in IPR proceedings.
  • Represented clients in multiple USPTO trademark opposition proceedings.
  • Managed teams handling other complex patent, trademark, and false advertising litigations.
  • Retained by major fast-food company to counsel on and defend consumer allegations of false or deceptive advertising.
  • Deposed numerous witnesses both domestically and internationally (UK and Japan).
  • Focused on witness preparation, including developing experts into effective deposition and trial witnesses.
  • 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.
  • Provided scientific claim substantiation counseling to Fortune 1000 company.
  • Represented pro bono client in two day jury trial, securing an award of over $100,000, including attorney’s fees.
  • Drafted licenses and assignments for trademarks and patents.
  • Argued successfully before the 6th Circuit Court of Appeals on an appeal of a § 2255 habeas motion requesting a resentencing.

Memberships

  • Member, Atlanta Bar Association

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