Joshua P. Smith

Counsel

Overview

Josh Smith helps corporations and individuals gain a competitive edge in their respective marketplaces through procurement, protection, and enforcement of intellectual property rights. Josh uses his real-world engineering experience to quickly understand the technology behind innovation. At the same time, Josh relies on his project management experience to view that innovation through the lens of business-need to craft and prosecute valuable patents that achieve the client’s overall goals.

With a background in both electrical engineering and computer science, Josh gained valuable real-world experience as an electrical systems engineer in the access/security and aerospace industries. Since then, Josh has transitioned from designing prototype aircraft systems for the F-15 and F-18 fighter jets that defend our nation to prosecuting and defending the high-tech electrical and software patents of the nation’s leading companies. Josh utilizes his previous experience to aggressively pursue and protect the IP rights of his clients while always keeping the client’s needs in target.

Currently, Josh’s practice involves patent prosecution, appellate litigation, and post-grant matters, focusing primarily in the electrical and software arts. This broad spectrum of legal experience results in a deeper understanding of the practical requirements behind efficiently drafting, prosecuting, and enforcing patents.

Although Josh works with many large international corporations, Josh also derives great joy from working directly with smaller companies and independent innovators and is always inspired by the genius and tenacity of those innovators. In kind, Josh takes that inspiration to heart and always strives to provide forward-thinking solutions and unparalleled client service.

Career & Education

    • The Chamberlain Group, Inc.
      Electrical Systems Engineer, 2004–2008 
    • Boeing Company
      Electrical Design Engineer, 2003–2004
    • The Chamberlain Group, Inc.
      Electrical Systems Engineer, 2004–2008 
    • Boeing Company
      Electrical Design Engineer, 2003–2004
    • University of Illinois, B.S., electrical engineering, 2003
    • DePaul University College of Law, J.D., cum laude, 2011
    • University of Illinois, B.S., electrical engineering, 2003
    • DePaul University College of Law, J.D., cum laude, 2011
    • Illinois
    • U.S. Patent and Trademark Office (USPTO)
    • U.S. Court of Appeals for the Federal Circuit
    • Illinois
    • U.S. Patent and Trademark Office (USPTO)
    • U.S. Court of Appeals for the Federal Circuit

Joshua's Insights

Client Alert | 8 min read | 06.30.25

AI Companies Prevail in Path-Breaking Decisions on Fair Use

Last week, artificial intelligence companies won two significant copyright infringement lawsuits brought by copyright holders, marking an important milestone in the development of the law around AI. These decisions – Bartz v. Anthropic and Kadrey v. Meta (decided on June 23 and 25, 2025, respectively), along with a February 2025 decision in Thomson Reuters v. ROSS Intelligence – suggest that AI companies have plausible defenses to the intellectual property claims that have dogged them since generative AI technologies became widely available several years ago. Whether AI companies can, in all cases, successfully assert that their use of copyrighted content is “fair” will depend on their circumstances and further development of the law by the courts and Congress....

Joshua's Insights

Client Alert | 8 min read | 06.30.25

AI Companies Prevail in Path-Breaking Decisions on Fair Use

Last week, artificial intelligence companies won two significant copyright infringement lawsuits brought by copyright holders, marking an important milestone in the development of the law around AI. These decisions – Bartz v. Anthropic and Kadrey v. Meta (decided on June 23 and 25, 2025, respectively), along with a February 2025 decision in Thomson Reuters v. ROSS Intelligence – suggest that AI companies have plausible defenses to the intellectual property claims that have dogged them since generative AI technologies became widely available several years ago. Whether AI companies can, in all cases, successfully assert that their use of copyrighted content is “fair” will depend on their circumstances and further development of the law by the courts and Congress....