Joshua Pond

Josh Pond co-leads Crowell & Moring's Chambers-listed and Legal 500-recognized ITC 337 Litigation Practice. He counsels clients on IP challenges and opportunities, particularly as to alleged IP-infringing and otherwise unfair U.S. imports.

Josh is a global and U.S.Chambers-ranked Section 337 advocate before the ITC. Josh is also a D.C. Super Lawyer in IP Litigation, and a Patexia “most-active” and "best performing" ITC practitioner across the six years of 2016 to 2022, based on docket data from 370 investigations, 367 law firms, and 4,628 attorneys before the Commission under Section 337 during that period.

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.

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.

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

Affiliations

Representative Matters

• Representing Graco Children’s Products and its supplier, Wonderland Nurserygoods of Taiwan, in a multi-forum patent litigation against Baby Trend and three of its suppliers in China. Brought ITC action against Baby Trend’s U.S. imports of strollers and playards infringing four patents to Graco’s famous Pack ’n Play playards and Sit ‘n Stand strollers, with parallel actions in the Central District of California. ITC trial expected in September 2022. (Certain Playards & Strollers). 
  
• Represented iconic outdoor equipment brand in a trademark and design patent ITC investigation related to water bottle knockoff imports. In less than six months, complainant client won early consent order against an international fashion brand respondent, early settlement with an online marketplace respondent, and a stay of the investigation pending settlement with a manufacturer respondent. Default judgements issued against remaining respondents, and general exclusion order awarded against infringing imports from any source. (Certain Vacuum Insulated Flasks).
• Represented Chinese manufacturer and popular U.S. retailer in a patent infringement ITC investigation related to pick-up truck folding bed covers. Beat the complainant on three key procedural motions for our respondent clients, finally resulting in withdrawal of the complaint and termination, a complete defense win. (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 scent diffusion products (Case No. 20-984-RGA) before Judge Richard G. Andrews. Secured institution of inter partes review challenges to the validity of asserted patent claims before the USPTO’s Patent Trial and Appeal Board (IPR Nos. 2021-00012 and -00014).
• 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 issued claims unpatentable—subsequently affirmed at the Federal Circuit (IPR Nos. 2013-00179 and -00180; Appeal Nos. 2015-1017 and 2015-1020). Back in Wisconsin, won summary judgement and an award of costs and fees.
• 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.