Entertainment and Media

• Represented Warner Bros. in a well-publicized class action alleging that participants received improper royalty payments on the exploitation of motion pictures in home video formats. In writ proceedings that resulted in a published opinion, Josh and his colleagues convinced a three-justice panel of the California Court of Appeal for the Second District to order a complete dismissal of all claims against Warner Bros.
• Represented noted philanthropist Mick Ebeling and Not Impossible Labs in a federal court action concerning the Studio Lambert and BBC television program, The Big Life Fix. The action resolved to the satisfaction of all parties.
• QED Holdings, LLC v. QED International, LLC and William H. Block, et al. Represented QED Holdings, LLC, an independent film company, in trademark, contract, and tort proceedings, both in federal court and arbitration. The proceedings resolved to the satisfaction of all parties.
• Successfully prosecuted, on behalf of Walt Disney Pictures, a trademark infringement action concerning Disney’s rights in the film Frozen.
• Successfully represented major film studios and other media entities in contract and intellectual property disputes, both in pre-filing stages and in formal proceedings.
• Won a complete victory in an arbitration proceeding, preserving his client’s 100 percent rights to a highly successful video game franchise.
• Represented a major telecommunications company in negotiations and a subsequent arbitration, obtaining a settlement of over $50 million and additional relief.

Intellectual Property

• Represented Genentech and Biogen in multiple federal court actions filed under the Biologics Price Competition and Innovation Act (BPCIA) related to applicants’ proposed biosimilar versions of Rituxan®.
• Ariosa Diagnostics, Inc. v. Sequenom, Inc. Represented Ariosa Diagnostics in well-publicized proceedings in which a Federal Circuit panel affirmed the district court’s summary judgment order invalidating Sequenom’s patent for failing to claim patent-eligible subject matter. The Federal Circuit subsequently declined to rehear that decision en banc and the U.S. Supreme Court denied Sequenom’s petition for review.
• PDL BioPharma v. Merck. Represented PDL BioPharma in patent litigation against Merck alleging that Merck’s manufacture of its cancer drug Keytruda infringed a foundational patent relating to the humanization of recombinant antibodies. The case was settled a little more than one year after it was filed, following the claim construction hearing, with Merck making a $19.5 million lump sum payment to PDL.
• Verinata Health, Inc. and Illumina, Inc. v. Ariosa Diagnostics. Represented Ariosa Diagnostics in three consolidated patent infringement suits in the U.S. District Court for the Northern District of California which, like the action involving Sequenom, sought to enjoin Ariosa from selling its innovative non-invasive test for fetal chromosomal abnormalities. Ariosa persuaded the district court to stay the cases, which involve three patents, pending inter partes reviews and appeals to the Federal Circuit.
• PDL BioPharma, Inc. v. Genentech, Inc. and F. Hoffmann-La Roche Ltd. Represented PDL BioPharma in a Nevada state court action alleging breach of a 2003 settlement agreement that, among other things, barred Genentech from taking any action to challenge the validity of certain PDL patent rights. After extensive discovery and motion practice, the case was stayed by agreement of the parties pending Genentech and Roche’s interlocutory appeal to the Supreme Court of Nevada of a trial court order granting PDL’s motion to compel them to produce critical documents withheld on grounds of privilege. The case settled during the appeal, with Genentech entering into amended license agreements with PDL. Certain details about the settlement can be found in PDL’s public disclosures.
• Represented TiVo Inc. against Microsoft, Verizon, and Samsung, including before the U.S. International Trade Commission (ITC). The cases resolved favorably to TiVo, including a settlement in which Verizon agreed to provide TiVo with total compensation worth at least $250.4 million.
• Obtained positive settlements for multiple technology companies in licensing and patent disputes.

Additional Experience

• Represented the Natural Resources Defense Council in highly-publicized litigation involving the effects of naval sonar on marine mammals. Josh participated in the litigation before a federal district court, the U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court.

• "Pacifica is Dead. Long Live Pacifica: Formulating a New Argument Structure to Preserve Government Regulation of Indecent Broadcasts," 79 S. Cal. L. Rev. 1451 (2006)