Joshua Curry

Partner

Josh.Curry@lewisbrisbois.com

Josh Curry is a partner in the Atlanta office of Lewis Brisbois and a co-chair of the Intellectual Property & Technology Practice. Josh serves as lead counsel in patent, intellectual property, and technology litigation cases and is a registered patent attorney. An experienced litigator with a physics degree and considerable technical expertise, Josh helps clients effectively achieve their business goals when enforcing and defending their IP and other rights. He has served in IP and litigation leadership positions, been highly ranked by peers and publications, and represented clients in all phases of litigation and a wide range of technologies in courts and proceedings throughout the United States.

Josh’s national practice covers all aspects of IP and technology litigation and counseling, with a particular emphasis on disputes involving patents, copyrights, trademarks, and trade secrets. Josh is often called upon to handle complex and difficult cases and has a reputation for effectively resolving them. As shown on his Representative Matters page, Josh has litigated numerous cases in federal courts across the country from New York to California including multi-district litigation (MDL) matters, and cases before the Patent Trial and Appeal Board (PTAB), International Trade Commission (ITC), and Court of Appeals for the Federal Circuit. Josh is registered to practice before the U.S. Patent and Trademark Office. He also litigates cybersecurity and data privacy cases, including under the Computer Fraud and Abuse Act (CFAA), Stored Communications Act (SCA), and other statutory regimes, and complex commercial and business cases, especially cases involving technology.

Josh’s technical expertise and litigation experience is wide-ranging, including the following technologies and industries: batteries, communications systems, computer hardware and software, consumer products, digital security, e-commerce, electro-mechanical, electronics, encryption, enterprise software and systems, financial technology and banking, Internet and website, health care, laboratories, LED, manufacturing equipment and processes, complex mechanical devices and systems, mobile phones and portable electronic devices, payments, pharmaceuticals (including Hatch-Waxman litigation), and wired and wireless networking.

Recognized in the area of IP litigation by Georgia Super Lawyers from 2016 to 2021 as a “Rising Star,” and from 2021 to 2022 as a “Super Lawyer,” by Best Lawyers from 2020 to 2022 for Patent Law and Patent Litigation, and by Georgia Trend as one of Georgia’s “Legal Elite” for Intellectual Property from 2017 to 2020, Josh is regularly published and invited to speak on IP and litigation topics. Josh was previously the Chair of the Patent Committee for the IP Section of the State Bar of Georgia and currently serves on the IP Section’s Executive Committee. He also is active in other business, industry, and community groups, and he dedicates a portion of his practice to pro bono matters.

Before entering private practice, Josh was a law clerk for Magistrate Judge Elizabeth M. Timothy of the US District Court for the Northern District of Florida and, during law school, he interned for Justice Harry Lee Anstead of the Supreme Court of Florida and in the State Attorney’s Office for the Eighth Judicial Circuit of Florida.

Primary Area(s) of Practice

  • Intellectual Property & Technology
  • Data Privacy & Cybersecurity
  • Ukraine Conflict Response

Additional Experience

Admissions

Florida

Georgia

U.S. Patent and Trademark Office

Supreme Court of the United States

U.S. Court of Appeals for the Federal Circuit

U.S. District Court for the Central District of California

U.S. District Court for the District of Delaware

U.S. District Court for the Middle District of Florida

U.S. District Court for the Middle District of Georgia

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the District of New Mexico

U.S. District Court for the Western District of Pennsylvania

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Western District of Texas

U.S. International Trade Commission

Associations

  • American Bar Association
    • Section of Intellectual Property Law
    • Section of Litigation
  • American Intellectual Property Law Association
  • Atlanta Intellectual Property American Inn of Court
  • Georgia IP Alliance
    • IP Law Firm Leadership Council
  • State Bar of Georgia           
    • IP Section Executive Committee, Secretary 2023-24 and Treasurer 2022-23
    • Patent Committee, Chair 2020-21 and Vice Chair 2019-20
    • Intellectual Property Section
    • Privacy & Technology Section
  • State Bar of Florida

Awards & Honors

  • Best Lawyers in America® 2020-2024 —Litigation - Intellectual Property, Litigation – Patent, Patent Law
  • Super Lawyer Intellectual Property Litigation, Georgia Super Lawyers, 2022-2023
  • Legal Elite in Intellectual Property Law, Georgia Trend, 2017—2020
  • Rising Star in Intellectual Property Litigation, Georgia Super Lawyers, 2016—2021

Professional Presentations

  • “AI Tools and Privacy Considerations: What do computers know about you? How will they use the information?,” Georgia Intellectual Property Alliance Corporate IP Institute, November 2023
  • “2023 Patent Law Case Update,” Georgia Bar Association, October 2023
  • “Patent, Copyright, and Technology Litigation Overlaps, Intersections, and Developments,” Georgia Intellectual Property Alliance Corporate IP Institute, October 2022
  • Tech E&O and Third-Party Liability Webinar, August 2022
  • IP Protection Webinar, City of Sacramento - China Office, The Governor's Office of Business and Economic Development (GO-Biz), US Embassy in China, April 2022
  • “Intellectual Property 101,” Georgia Bar Midyear Meeting, January 2020
  • “Recent Patent Decisions and Strategy Implications for In-House Counsel,” Georgia IP Alliance Corporate Intellectual Property Institute, October 2019
  • "Alice Turns Five: Developments, Trends, and Insights," Georgia Bar Association, June 2019
  • “Recent IP Cases and Real-World Implications for In-House Counsel,” Georgia State University Corporate Intellectual Property Institute, October 2018
  • “The Current State of Venue in Patent Cases,” Georgia Bar Association, November 2017
  • “2017-18 US Supreme Court Patent and IP Decisions,” Georgia State University Corporate Intellectual Property Institute, November 2017
  • “2017-18 US Supreme Court Patent and IP Decisions,” American Bar Association IP West, October 2017
  • “Cybersecurity, Patents, and IP: A Role Play Simulation to Discuss Strategies and Best Practices”, Patents for Financial Services Summit, July 2017
  • “Strategies for Complex Adversarial Proceedings at the PTAB/PTO”, Georgia Bar Association, February 2017
  • “Defending Patent Infringement Allegations and Monetizing Financial Technology”, Patents for Financial Services Summit, July 2016
  • “Exhaustion and First-Sale in Patent and Copyright Cases”, Georgia State University Corporate Intellectual Property Institute, October 2015
  • “Best Practices in ITC Section 337 Investigations”, National Asian American Bar Association National Convention, November 2011

Education

University of Florida, Levin College of Law

Juris Doctor, cum laude, Order of the Coif (top 10%), 2006

  • Certificate in Intellectual Property Law
  • University of Florida Law Review
  • University of Florida Moot Court Team

Florida State University

Bachelor of Arts in Physics and Government, cum laude, Phi Beta Kappa, 2003

Representative Matters

  • Lights Out Productions v. Triller (M.D. Fla. and C.D. Cal.): Defending media company in patent, copyright, and trade dress case concerning MMA fighting rings. 
  • Vilata v. Exclusive Wireless (AAA): Defending wireless company in arbitration concerning theft of cryptocurrency after data breach. 
  • Mr. Clean Carwash & Mobile Detailing v. Procter & Gamble (Ga. Super. Ct.): Defending owner of famous MR. CLEAN®brand in trademark case where brand moved new business venture into a new territory. Defeated temporary restraining order and preliminary injunction and won motion to dismiss.
  • CallRail v. PhoneWagon (N.D. Ga.): Defending call tracking and marketing analytics company in competitor-vs.-competitor software copyright case. Case resolved when plaintiff bought our defendant client for a significant sum.
  • MerchSource v. Hyper Ice (PTAB): Defending patent owner in post-grant review (PGR) concerning percussion massage guns.
  • Theragun v. Hyper Ice (PTAB): Defending patent owner in competitor-vs.-competitor PGR concerning percussion massage guns. 
  • Shenzhen Shufang Innovation Technology v. Hyper Ice (PTAB): Defending patent owner in PGR concerning percussion massage guns. 
  • In re Percussive Massage Devices (ITC): Representing petitioner massage technology company in patent case against numerous foreign respondents. Obtained a general exclusion order.
  • Uni-Systems v. Rossetti (E.D.N.Y. and E.D. Mich.): Defending architect in patent infringement case concerning retractable stadium roofs.
  • Mezzion v. Dr. Reddy’s (N.J.): Asserting manufacturing fraud claims on behalf of brand-name pharmaceutical company.
  • Cathedral Art Metal v. Divinity Boutique (N.D. Ga.): Defending boutique products company a trademark case concerning homeware products. 
  • Mud Pie v. Deck the Halls, Y’All (N.D. Ga.): Defending boutique holiday products company a copyright case concerning decorative Christmas products. 
  • Spigen v. Ultraproof and Endliss Technology (C.D. Cal. and Fed. Cir): Asserting utility and design patents for international smartphone accessories company in case against competitor. Prevailed in a precedential opinion on appeal before the Federal Circuit.
  • Masterbuilt Manufacturing, Inc. v. [Client] (M.D. Ga.): Defending the world’s largest retailer against patent infringement claims concerning electric turkey fryer products. Defeated Plaintiff’s motion for a temporary restraining order and preliminary injunction.
  • Campbell v. [client] (M.D. Fla.): Defended the world’s largest retailer against right of publicity claims made in connection with client’s public interest fundraising campaign.
  • LovePop v. PaperPopCards, Inc. (D. Mass.): Defending pop-up greeting card company in copyright case concerning 3D pop-up greeting cards. 
  • StrikeForce Technologies v. [Client] (D. Mass.): Defending international data security and encryption company in a competitor-vs.-competitor patent case involving multifactor/two-factor authentication products.
  • St. Luke Technologies v. [Client] (E.D. Tex.): Defending international data security and encryption company in patent case involving enterprise encryption key management and secure content delivery systems.
  • Maxim Integrated Products v. BBVA Compass Bank (W.D. Tex.): Defending bank against claims of patent infringement claims involving systems for encrypting mobile financial transactions (e.g., money transfer, bill pay, remote deposit), smartphone security hardware/software, and backend server security infrastructure.
  • BBVA Compass Bank v. Maxim Integrated Products (PTAB): Representing bank in three covered business method reviews (CBMs) challenging validity of patents for encrypting mobile financial transactions.
  • Mission Abstract Data v. Cumulus (D. Del. and USPTO): Representing radio company against claims of patent infringement claims relating to radio automation technology. Succeed at Patent Office with reexamination petitions.
  • Maxim Integrated Products v. U.S. Bank, Bank of the West, and Comerica Bank (E.D. Tex. and MDL in W.D. Pa): Representing three banks in a 25-defendant patent multidistrict litigation (MDL) relating to systems for encrypting mobile financial transactions.
  • Global Sessions v. TD Bank and Comerica Bank (W.D. Tex.): Defending banks against claims of patent infringement related to web system management and web sessions.
  • TD Bank v. Global Sessions (PTAB): Representing bank in four IPRs challenging patents relating to web system architecture and web session technology.
  • Reefedge v. ADTRAN (D. Del.): Defending wireless network equipment manufacturer against infringement claims directed to seamless wireless roaming and related router/network infrastructure.
  • Lo-Q v. QLess (S.D. Fla. and C.D. Cal.): Enforcing patents owned by a technology solutions provider to the leisure market covering wireless technology for automated reservations. Case resolved favorably.
  • Pass & Seymour v. General Protecht Group (ITC, N.D.N.Y., and Fed. Cir.): Representing a non-US manufacturer of electric outlet protection devices (GFCIs). We took over as counsel after an administrative law judge (ALJ) at the International Trade Commission (ITC) entered an adverse infringement ruling against our client and obtained full reversal of all findings of patent infringement before the ITC and Federal Circuit in a pair of precedential opinions, resulting in dismissal of all infringement claims against our client.
  • General Protecht Group v. Leviton (D.N.M., N.D. Cal., ITC, and Fed. Cir.): Representing a non-US manufacturer of ground fault circuit interrupters (GFCIs) in a declaratory judgment action in New Mexico and related actions before the ITC, in California federal district court, and before the Federal Circuit. Obtained a preliminary injunction requiring the patent owner to dismiss patent claims at the ITC and elsewhere based on a prior settlement between the owner and our client. The Federal Circuit affirmed in a precedential opinion, resulting in complete dismissal with prejudice of all claims against our client.
  • Lean Solutions v. Federal Reserve Bank of Atlanta (N.D. Ga.): Representing bank in a software copyright case in which we defeated a motion for a temporary restraining order and preliminary injunction and obtained dismissal of all claims – a complete victory for our client.
  • Jordan Outdoor Enterprises cases: Representing an outdoor/camouflage clothing and apparel company in its efforts to protect copyrights and trademarks by blocking counterfeiters and knockoffs, including in several district court cases and other proceedings.
  • Pharmaceutical Patent cases: Enforcing and defending pharmaceutical patent infringement cases, including Hatch-Waxman cases, on behalf of global pharmaceutical company in several U.S. district courts and appeals to the Federal Circuit.
  • Ferring v. Meijer (S. Ct.): Authoring an amicus curiae brief on behalf of the Intellectual Property Owners Association seeking Supreme Court review of an issue relating to the Federal Circuit’s appellate jurisdiction in patent-related antitrust cases.

Publications

  • “Federal Circuit Rules That One-Year Time Bar to File an IPR Begins on Date Complaint Served Regardless of Post-Service Activities,” IP Litigator, Vol. 24, No. 6, November/December 2018
  • “Spokeo One Year Later: Courts Split Over Whether Identity Theft Risk Confers Standing After Data Breach,” Bloomberg Law, August 10, 2017
  • “Expanded Means-Plus-Function Analysis Presents New Opportunities and Challenges,” The Intellectual Property Strategist, December 7, 2016
  • “Patent Exhaustion Dispute Likely Headed for the Supreme Court,” Landslide, a publication of the ABA Section of Intellectual Property Law, Vol. 8, No. 6, July/August 2016
  • “International Patent Exhaustion and Postsale Restrictions,” Intellectual Property Litigation, a publication of the ABA Section of Litigation, Vol. 27, No. 1, Fall 2015
  • “Opinion Letters, Representation Issues, and the Impact of the Seagate and Knorr-Bremse Decisions,” PLI’s Patent Litigation 2010 Course Handbook #24179, 2010
  • “Best Practices for Using Experts When Trial Time is Tight,” Partnering Perspectives, Summer 2010
  • “Claim Construction: Does the Federal Circuit Have the Last Word?,” ITC Trial Lawyers Association’s 337 Reporter, Volume XXVI, Summer 2009
  • “Opinion Letters, Representative Issues and the Impact of the Knorr-Bremse and Seagate Decisions,” PLI’s Patent Litigation, 2008
  • “Practical Application of Post-KSR Obviousness Standards in Patent Litigation and Prosecution,” Spring Posium Intellectual Property CLE Conference, May 2008
  • “Prowling Patent Trolls,” Public Power, September 2006

Pro Bono & Philanthropy

Vice Chairman of the Board of Advisors, Florida State University World Affairs Program