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Joshua James

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Counsel
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Areas of Focus

Overview

Energetic and committed, Joshua James helps clients strengthen and enforce their intellectual property rights. Josh’s practice focuses on patent litigation, particularly Hatch-Waxman pharmaceutical litigation in federal courts and inter partes review proceedings before the Patent Trial and Appeal Board.

Josh’s strong background in biomedical and chemical engineering helps him hit the ground running, especially in cases involving highly complex chemical compounds. He easily meets technical experts on their terms and uses that knowledge to take a key role on joint defense groups. Josh is able to use his experience to help clients evaluate strategies that involve both federal courts and the PTAB.

Josh has been involved in multiple bench trials; arguing motions before judges in both federal courts and the PTAB; taking and defending depositions, including in several Hatch-Waxman pharmaceutical litigations; drafting appellate briefs; drafting IPR and reexamination briefs; drafting pleadings on invalidity, noninfringement, and claim construction issues; reviewing and producing documents; and leading coordination and strategy sessions among members of joint defense groups. For one of the IPR petitions, he invalidated 19 of 34 claims and drafted a request that instituted reexamination of the remaining claims.

Career & Education

    • Illinois Institute of Technology (IIT)
      Research Experience for Undergraduates, June 2010–August 2011
      Inter-Professional Research Opportunity (IPRO), January 2011–May 2011
      Biomedical Engineering Senior Design, August 2009–May 2010
      Research Experience for Undergraduates, June 2009–August 2009
    • Rehabilitation Institute of Chicago
      Research Experience for Undergraduates, June 2008–August 2008
    • Illinois Institute of Technology (IIT)
      Research Experience for Undergraduates, June 2010–August 2011
      Inter-Professional Research Opportunity (IPRO), January 2011–May 2011
      Biomedical Engineering Senior Design, August 2009–May 2010
      Research Experience for Undergraduates, June 2009–August 2009
    • Rehabilitation Institute of Chicago
      Research Experience for Undergraduates, June 2008–August 2008

    • Illinois Institute of Technology, B.S., Summa cum Laude, chemical engineering, 2011
    • Illinois Institute of Technology, B.S., Summa cum Laude, biomedical engineering, 2011
    • Indiana University - Bloomington, Maurer School of Law, J.D., cum Laude, 2014
    • Illinois Institute of Technology, B.S., Summa cum Laude, chemical engineering, 2011
    • Illinois Institute of Technology, B.S., Summa cum Laude, biomedical engineering, 2011
    • Indiana University - Bloomington, Maurer School of Law, J.D., cum Laude, 2014

    • Illinois
    • U.S. Patent and Trademark Office (USPTO)
    • U.S. District Court for the Northern District of Illinois
    • U.S. Court of Appeals for the Federal Circuit
    • Supreme Court of the United States
    • Illinois
    • U.S. Patent and Trademark Office (USPTO)
    • U.S. District Court for the Northern District of Illinois
    • U.S. Court of Appeals for the Federal Circuit
    • Supreme Court of the United States

  • Professional Activities and Memberships

    • PTAB Bar Association, 2016–present
    • American Intellectual Property Law Association, 2011–present
    • Chicago Bar Association, 2015–present
    • Indiana Law Journal, Board Member, 2013–2014
    • Intellectual Property Association, 2011–2014
    • Phi Alpha Delta, Clerk, 2013

    Professional Activities and Memberships

    • PTAB Bar Association, 2016–present
    • American Intellectual Property Law Association, 2011–present
    • Chicago Bar Association, 2015–present
    • Indiana Law Journal, Board Member, 2013–2014
    • Intellectual Property Association, 2011–2014
    • Phi Alpha Delta, Clerk, 2013

Joshua 's Insights

Client Alert | 3 min read | 12.24.24

Only Drugs Allowed: Federal Circuit Affirms Order To Delist Device Patents From the Orange Book

On December 20, 2024, the Federal Circuit affirmed a district court’s holding that five device patents had been improperly listed in the Orange Book by Teva Pharmaceuticals, Inc. as claiming a drug, and ordering that they be delisted....

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Recognition

  • Illinois Institute of Technology: Biomedical Engineering Distinguished Undergraduate Alumnus, 2017
  • Indiana University Maurer School of Law: Dean’s Honors, Fall 2011, Spring/Fall 2013
  • Illinois Institute of Technology: Camras Scholarship, Dean’s List, and Tau Beta Pi, 2007–2011

Joshua 's Insights

Client Alert | 3 min read | 12.24.24

Only Drugs Allowed: Federal Circuit Affirms Order To Delist Device Patents From the Orange Book

On December 20, 2024, the Federal Circuit affirmed a district court’s holding that five device patents had been improperly listed in the Orange Book by Teva Pharmaceuticals, Inc. as claiming a drug, and ordering that they be delisted....

View All Insights

Insights

Client Alert | 3 min read | 12.24.24

Only Drugs Allowed: Federal Circuit Affirms Order To Delist Device Patents From the Orange Book

Firm News | 8 min read | 08.15.24

The Best Lawyers in America 2025 Recognizes 42 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year

Client Alert | 2 min read | 06.27.24

The FTC Strikes Out: Drug Manufacturers Refuse to Play Ball and Delist Orange Book Patents in Response to FTC Warning Letters

Client Alert | 4 min read | 04.29.24

Red Alert on the Orange Book: The FTC Continues to Crack Down on Improperly Listed Drug Patents

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Practices

Joshua 's Insights

Client Alert | 3 min read | 12.24.24

Only Drugs Allowed: Federal Circuit Affirms Order To Delist Device Patents From the Orange Book

On December 20, 2024, the Federal Circuit affirmed a district court’s holding that five device patents had been improperly listed in the Orange Book by Teva Pharmaceuticals, Inc. as claiming a drug, and ordering that they be delisted....

View All Insights