Joshua Pond

Partner
Washington, D.C.
jpond@crowell.com
Phone: +1 202.624.2610
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Josh Pond is a partner with the firm’s Intellectual Property Group. He counsels clients on IP challenges and opportunities and provides strategic advice, particularly as to alleged IP-infringing and otherwise unfair U.S. imports.

Josh’s practice is centered on blocking and defending such imports before the U.S. International Trade Commission (ITC). He regularly serves as lead ITC counsel for both domestic and international companies – particularly those from Asia and Europe – facing Section 337 investigations. Over the past decade, Josh has been to ITC trial for a dozen Fortune Global 500 companies. He focuses on matters involving brand protection, patent, trademark, and copyright infringement, international trade secret theft, and unfair competition claims.

In addition to the ITC, Josh is active before the U.S. Patent and Trademark Office, U.S. District Courts, and the Federal Circuit. Recent patent validity challenge highlights at the USPTO’s Patent Trial and Appeal Board include a complete five-patent defense victory, as well as a two-patent invalidating win, affirmed at the Federal Circuit. China has featured prominently among recent global forums for Josh’s matters, as well as Canada and Germany.

With his trial perspective, Josh advises startups and corporations on IP portfolio strategy to bolster them for upcoming enforcement challenges. His clients span a wide range of technologies, including electronics, consumer products, telecommunications, mechanical and medical devices, and biochemicals.

Josh is listed in the 2019 edition of Chambers USA for International Trade: Intellectual Property (Section 337) and is also ranked as a "Recognized Practitioner." Patexia’s 2020 ITC Intelligence Report ranked Josh as a top-40 most-active ITC practitioner across the five years of 2014 to 2019 based on an analysis of 300 investigations, 400 law firms and 7,600 attorneys before the Commission. He was recognized as a Washington D.C. “Super Lawyer” in 2020 for Intellectual Property Litigation by Super Lawyers magazine.

He is a founding member of the Advisory Council to Georgetown's Institute for Technology Law & Policy. Josh has been a Fellow in the Hispanic National Bar Association’s IP Law Institute and is a founding editor of the ITC Trial Lawyers Association’s 337 Reporter Round-Up.

Josh currently serves as a Lawyer Serving Warriors with the National Veterans Legal Services Program, advocating for veterans with disability issues. He previously served in the U.S. Marine Corps as a field artillery captain. He was deployed to the Persian Gulf and awarded the Defense Meritorious Service Medal.

Josh earned his bachelor’s degrees in mechanical engineering and political science from Stanford University. He earned his law degree, cum laude, from Georgetown University Law Center.

Prior to joining the firm, Josh co-chaired a global law firm’s ITC Section 337 practice and was instrumental in its establishment.

Representative Matters

  • Defended Chinese manufacturer and popular U.S. retailer in an ITC investigation asserting infringement of two patents to pick-up truck folding bed covers (Certain Pick-Up Truck Folding Bed Covers).
  • Defending leading commercial scent provider against competitor in D. Delaware in four-patent infringement case related to next generation commercial scent diffusion products (Case No. 20-984-RGA) before Judge Richard G. Andrews.
  • Represented respondents in a patent infringement and importation ITC investigation as to carburetors involving 26 downstream equipment- and retailer-customers. Won termination early-on by consent order for one client and on the eve-of-trial for another by summary determination by Chief Judge Bullock (and affirmed by the Commission) that the company had failed to establish domestic industry (Certain Carburetors).
  • Defended a semiconductor powerhouse and its seven downstream customers in patent infringement and importation ITC investigation related to semiconductor chip packaging technology. Prevailed in two of three asserted patents at trial before Administrative Law Judge Sandra Dee Lord and convinced the Commission to review findings on the third patent (Certain Semiconductor Devices). Counter-asserted patented streaming audio multimedia technology in related ITC investigation seeking to prevent the importation of wireless speakers and other audio systems (Certain Wireless Audio Systems).
  • Obtained complete victory for a global retailer in a patent infringement and importation ITC investigation related to athletic shoe sole functionality after all respondents ultimately agreed to cease importation of the accused products (Certain Athletic Footwear). Pursued damages in Oregon district court until a favorable settlement was reached.
  • Globally enforcing medical device patents of preeminent surgeon against infringing surgical instruments of competitors, including pending suit before the Southern District of New York (Case No. 18-CV-1964), related action in Düsseldorf, Germany, and a recently completed license agreement in Asunción, Paraguay.
  • Defended a global electronics manufacturer in patent infringement and importation ITC investigation concerning on-screen programing guide technology; completed five-day trial before Administrative Law Judge David P. Shaw to win final determination of no violation, affirmed by the full Commission. Advocacy continued before U.S. Customs and Border Protection and the Federal Circuit as to implications of the no-violation ruling (Certain Digital Video Receivers).
  • Defended a company in E.D. Wisconsin patent infringement case related to commercial scent diffusion products (Case No. 12-CV-483-RTR). Successfully petitioned for inter partes review of both patents-in-suit, resulting in stay of litigation. The USPTO's Patent Trial and Appeal Board ruling found all challenged claims unpatentable—subsequently affirmed at the Federal Circuit (IPR Nos. 2013-00179 and -00180; Appeal Nos. 2015-1017 and 2015-1020).
  • Developed intellectual property portfolio and strategy for startup in the business-to-business cloud platform space, supporting explosive growth to a $300-million market valuation with more than 150 employees in the U.S. and Europe, and recent expansions to China and Japan.
  • Prevailed on behalf of company, securing denial of post-grant review institution as to certain patent claims to tactical signaling devices. The Patent Trial and Appeal Board concurred with our client’s Preliminary Response, finding failure to demonstrate obviousness of the non-instituted claims with its Petition; the Board further denied their request for rehearing on the issue (PGR2015-00022).
  • Counseled plaintiff-patentee in complex Markman hearing and jury trial in D. Oregon related to high stability canola oil, resulting in determination of patent infringement, validity, and damages after ten-day trial before Judge Michael W. Mosman.


Affiliations

Admitted to practice: District of Columbia, Virginia, U.S. Patent and Trademark Office, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Federal Claims, U.S. District Courts for the Eastern District of Virginia, District of Columbia, and Eastern District of Wisconsin

Professional Activities and Memberships

  • Georgetown Law School, Institute for Technology Law & Policy Advisory Board, Founding Member (2019-Present)
  • George Washington Law School, Intellectual Property & Technology Law Board of Advisors, Member (2016-2019)
  • International Trade Commission Trial Lawyers Association (ITCTLA), Member (2008-Present) / Founding Editor, ITCTLA 337 Reporter Round-Up (2018-Present)
  • PTAB Bar Association, Trials Committee Member (2016-Present)
  • Graduate, National Institute for Trial Advocacy (NITA) Deposition Program (San Diego 2006), Expert Deposition Program (San Diego, 2006), and Trial Skills Program (New Orleans, 2008)
  • Intellectual Property Owners Association (IPO), Standing Committee on the International Trade Commission, Member (2012-2014)
  • HNBA/Microsoft Intellectual Property Law Institute (IPLI) Fellow


Media Mentions



Firm News & Announcements

Oct.06.2020 Leading IP Lawyer Josh Pond Joins Crowell & Moring