Joshua L. Simmons - Associate

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Joshua L. Simmons

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New York
Phone: +1 212-446-4989
Fax: +1 212-446-6460
Overview Events Publications

Professional Profile

Joshua Simmons focuses his practice on intellectual property litigation, including copyrights, patents, and trademarks. He also has experience with intellectual property matters that intersect with antitrust, computer and Internet fraud, privacy, and social media issues, as well as contract and licensing disputes. He represents privately held and publicly traded clients from various industries, including computer software and services, consumer products, financial services, media and entertainment—such as electronic games, film, news, publishing, television and theatre—and telecommunications.

Mr. Simmons’s pro bono matters include the representation of asylum seekers before the Department of Homeland Security—for which he twice has received the Immigration Equality Safe Haven Award—as well as matters for the American Theatre Wing, Comic Book Legal Defense Fund, and other IP-related pro bono projects.

In 2014, Super Lawyers Magazine named Mr. Simmons a “Rising Star” in Intellectual Property Litigation, a distinction awarded to less than 2.5% of New York lawyers. He also is part of Kirkland’s intellectual property department, which Managing Intellectual Property magazine recognized in 2014 as US Trademark Contentious Firm of the Year, and 2013 as Copyright Firm of the Year for the Northeast region.

Representative Matters

Copyright Litigation

Oracle Am., Inc. v. Google Inc. (Fed. Cir.): Obtained reversal in Oracle's highly publicized appeal of a district court order finding elements of its Java Application Programming Interfaces, which Google admitted to have copied when creating its Android operating system, uncopyrightable, as well as a remand for further proceedings on the issue of fair use.

Alexander v. Murdoch (S.D.N.Y./2d Cir.): Obtained dismissal and won appeal for Fox Entertainment Group, along with other defendants, in a lawsuit alleging that Fox's Modern Family television series infringes the plaintiff's copyright in his treatment and proposed pilot script, as well as other state law rights.

Taymor v. 8 Legged Productions, LLC (S.D.N.Y.): Defended the producer of the Broadway musical Spider-Man: Turn Off the Dark against copyright, breach of contract and other claims brought by the show's former director, Julie Taymor.

Tetris Holding, LLC v. Xio Interactive Inc. (D.N.J.): Won summary judgment for the makers of the world-famous "Tetris" electronic game in a copyright and trade dress lawsuit against an infringing game maker.

Fairey v. The Associated Press (S.D.N.Y.): Represented the AP and won summary judgment on the issue of fair use in a declaratory judgment suit brought by Shepard Fairey, in which the AP asserted copyright infringement claims, among others, arising out of his unauthorized use of the AP's photo of President Obama to create a poster and commercial merchandise.

Patent Litigation

IpLearn LLC v. K12 Inc. (D. Del.): Defended K12 and won multipatent infringement action involving computer-assisted learning technology, resulting in the parties stipulating to the dismissal of one patent as not infringed, and the other patent being held invalid on summary judgment because it was directed to unpatentable subject matter.

JobDiva, Inc. v. Monster Worldwide, Inc. (S.D.N.Y.): Represented JobDiva in a multipatent infringement action involving resume search technology.

Ericsson Inc. v. Samsung Electronics Co. (E.D. Tex./I.T.C.): Represented Samsung in a multipatent, multiforum litigation—including back-to-back ITC trials—involving GSM, W-CDMA, LTE and 802.11 (Wi-Fi) wireless telecommunication standard essential patents, including claims concerning commitments to license on fair, reasonable and non-discriminatory (FRAND) terms and conditions.

Trademark Litigation

Bath & Body Works Brand Mgmt., Inc. v. Summit Entm't, LLC (S.D.N.Y.): Defended BBW against claims by the producer of The Twilight Saga film series that BBW's Twilight Woods product line infringes Summit's trademark rights, including defeating Summit's motion for summary adjudication.

Tetris Holding, LLC v. Xio Interactive Inc. (D.N.J.): Won summary judgment for the makers of the world-famous "Tetris" electronic game in a copyright and trade dress lawsuit against an infringing game maker.

Car-Freshner Corp. v. DIRECTV, Inc. (N.D.N.Y.): Defended DIRECTV in a trademark infringement suit arising out of its use of a pine tree-shaped air freshener in a promotional campaign.

NES Rentals (W.I.P.O.): Obtained multiple transfer orders in domain name disputes under ICANN's Uniform Domain Name Dispute Resolution Policy.

Memberships & Affiliations

American Bar Association, Intellectual Property Law Section:
Copyright Law Reform Task Force, Chair, 2013–present
Copyright & Social Media Committee, Chair, 2013–present; Vice Chair, 2012–13
Specialized IP Issues Division, Secretary, 2011–12

Intellectual Property Owners Association:
Software & Business Methods Committee, Member, 2013–present

Association of the Bar of the City of New York:
Information Technology Committee, Member, 2009–2010


Law Journal Publications

Inventions Made For Hire, 2 N.Y.U. J. Intell. Prop. & Ent. Law 1 (2012)

Catwoman or the Kingpin: Potential Reasons Comic Book Publishers Do Not Enforce Their Copyrights Against Comic Book Infringers, 33 Colum. J.L. & Arts 267 (2010) (reprinted in 2010 Entm't, Publ'g and the Arts Handbook)

Buying You: The Government's Use of Fourth-Parties to Launder Data About "The People," 2009 Colum. Bus. L. Rev. 950 (2009)

Other Publications

Social Media in the Digital Millennium, Landslide, May–June 2013, at 26

The Digital Millennium Copyright Act and Its Effect on Copyright Owners and Service Providers Online, in Intellectual Property Law in Cyberspace (2d ed. Supps. 2012-2013)


A Year in Review of Significant Social Media Related Cases, ABA 30th Annual Intellectual Property Law Conference (Mar. 27, 2015)

IP Assets: Obtain and Protect, National LGBT Bar Association's 2014 Lavender Law Conference (Aug. 23, 2014)

An Update on Software Copyright Protection After the Landmark Oracle v. Google Decision, ABA Section of Intellectual Property Law (Aug. 14, 2014)

Where are We and Where are We Headed? U.S. Copyright Review, IPCENTRAL at the ABA Annual Meeting (Aug. 7, 2014)

Promoting Progress in Social Media: Patentability & Copyrightability Issues, ABA 29th Annual Intellectual Property Law Conference (Apr. 4, 2014)

IP Protection in a Networked World: Copyright & Trademark Enforcement in Social Media, ABA 28th Annual Intellectual Property Law Conference (Apr. 3, 2013)

Trademark Enforcement in Social Media, State Bar of California (Sept. 11, 2012)

Other Distinctions

Super Lawyers Magazine, “Rising Star,” 2014

Immigration Equality Safe Haven Award, Recipient, 2014

Immigration Equality Safe Haven Award, Recipient, 2012

Kirkland & Ellis New York Associates Committee, Member, 2012–present

Kirkland & Ellis New York Mentoring Committee, Member, 2013–present

Kirkland & Ellis ALLSA Diversity Initiative, Liaison to Columbia Law School Outlaws, 2011–present; Liaison to Yale Law School OutLaws, 2014–present

Kirkland & Ellis Pro Bono Service Award, Recipient, Each year 2010–13

Kirkland & Ellis Diversity Fellowship, Recipient, 2009


U.S. Supreme Court

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Federal Circuit

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

© 2015 Kirkland & Ellis LLP