Josh is a seasoned trial lawyer who has successfully litigated cases to verdict before juries, judges, and arbitrators in a variety of jurisdictions for life sciences and other companies. Specializing in complex commercial and product liability disputes, Josh’s litigation experience spans many practice areas, enabling him to counsel clients on a wide spectrum of risks and opportunities.
Always a litigator, Josh’s legal career has spanned a variety of subject areas and industries but always kept him close to the courtroom. He has defended the Commonwealth of Massachusetts against claims by prisoners in its penitentiaries, prosecuted criminal actions as a Special Assistant District Attorney, and taken on all manner of complex civil disputes for clients in industries ranging from advanced manufacturing, to aviation, to pharmaceutical and medical device makers. For many years Josh has also provided pro bono representation to disabled U.S. veterans and impoverished asylum seekers.
Josh has tried several intellectual property and commercial matters to conclusion. He has appeared in federal and state courts throughout the U.S., and in both domestic and international arbitration proceedings. Josh has most recently litigated disputes involving the design and manufacture of medical devices, nationwide “mass tort” matters against multiple pharmaceutical companies, nationwide consumer class actions against manufacturers and retailers, antitrust issues related to “reverse payment” agreements, and licensing / co-promotion agreements.
Josh has also litigated many disputes representative of the most prevalent risks faced by life science companies today, including cases about consumer product pricing, misappropriation of trade secrets and proprietary information, employee restrictive covenants, patent infringement, patent validity, the adequacy of product warnings, alleged defects in product design and manufacture, and contractual diligence obligations. Josh’s broad experience has made him an effective advisor to his clients, helping them to identify risks and efficiently allocate legal resources.
- Currently defending a major biopharmaceutical company in several “reverse payment” cases consolidated in the District of Massachusetts.
- Currently defending a major orthopedic medical device company in a product liability action pending in the District of Massachusetts.
- Currently representing institutional patent holders in a dispute among their licensees and sub-licensees.
- Obtained jury verdict in favor of medical device patent holder seeking damages and injunctive relief from alleged infringer.
- Obtained jury verdict in favor a defendant aviation company in a complex personal injury matter.
- Obtained jury verdict in favor a defendant nationwide transportation company accused of customer discrimination and breach of contract.
- A fight left unfinished – the D.C. Circuit in Takeda v. Burwell declines to clarify the scope of Hatch-Waxman Paragraph IV certifications, Intellectual Property Litigation Alert, July 26, 2016
- Home Sweet Home: Federal Circuit Decides Venue Requirements for Patent Cases, Intellectual Property Litigation Law Alert, May 2, 2016
- When the Future Dictates the Present, Intellectual Property Alert, March 25, 2016
- Fifth Circuit slams the door shut on innovator liability and rejects attempted end-run around Mensing, Life Sciences Law Alert, May 23, 2014
- Boston University, (B.A. - Business Administration, Minor Degree - Biology)
- Boston University School of Law, (J.D.)
- District of Massachusetts
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Supreme Court
- American Bar Association
- Boston Bar Association