Overview

Joseph Loy is an intellectual property litigation partner whose practice includes patent, copyright, trademark and trade secret disputes before federal trial and appellate courts nationwide. Joseph has represented clients in cases involving a wide range of industries, including medical devices, pharmaceuticals, biotechnology, wireless telecommunications, petrochemicals, oil drilling, cruise ships, digital photography, smart phones, tablet computers and computer software. Joseph's client victories have been featured in The American Lawyer, New York Times, Wall Street Journal and Law360.

In 2019, The Legal 500 recognized Joseph for his patent litigation work before the International Trade Commission as well as for his trade secrets work involving both litigation and non-contentious matters. He was also named a Litigator of the Week (runner up) in The American Lawyer in 2019. In 2016, Benchmark Litigation named Joseph to its inaugural “Under 40 Hot List” to honor “the achievements of the nation’s most accomplished legal partners” age 40 and under. He was also selected as a Federal Circuit Bar Association 2016-2017 Global Fellow; and a “Super Lawyer” in Intellectual Property Litigation from 2016–2019. In 2015, the New York Law Journal named Joseph a “Rising Star,” an honor awarded to only 50 attorneys that year. Each year from 2012 to 2015, Super Lawyers Magazine named Joseph a “Rising Star” in Intellectual Property Litigation, a distinction awarded to less than 2.5% of New York lawyers under 40. In 2011, Joseph was named a “Best LGBT Attorney Under 40” in the United States by the National LGBT Bar Association.

Joseph's pro bono matters have included the successful representation of over forty asylum seekers before the Department of Homeland Security, Ninth Circuit Court of Appeals, Board of Immigration Appeals, and in immigration court. He has served as Special Assistant District Attorney for the Kings County District Attorney's Office and Special Assistant Corporation Counsel for the Law Department of the City of New York. Joseph has also coached New York City high school mock trial teams and judged mock trial and moot court law school competitions. In 2012, Kirkland named Joseph its Pro Bono Partner of the Year. Joseph is also a member of the Firmwide Pro Bono Management Committee.

More

Thought Leadership

Publications

The Burden Of E-Discovery In Patent Litigation: A Few Tips, Law360, November 8, 2016

How to Take Advantage of the New Federal Trade Secret Law, Legaltech News, July 15, 2016

Federal Trade Secrets Bill Poised to Become Law, Kirkland Alert, April 28, 2016

'Fisher' and Beyond: Issues for Patenting Expressed Sequence Tags, New York Law Journal, June 21, 2006, at 4

Genomics Patents: Redefining the Scope of Utility?, Kirkland & Ellis LLP Biotech Update (Summer 2005) 2-4

Databases and Collections of Information Misappropriation Act of 2003: Unconstitutionally Expanding Copyright Law?, 7 N.Y.U. J. Legis. & Pub. Pol'y 449 (2004)

Seminars

“Litigation: Approach for High Growth Startups,” TechGC National Summit, New York Stock Exchange, New York, NY, October 24, 2019 (invited)

“Protecting Trade Secrets Against Mobility,” Intellectual Property Institute, Lavender Law Conference, Philadelphia, PA, August 9, 2019 

“Mock Deposition: Staying Cool Under Fire,” TechGC National Summit, New York Stock Exchange, New York, NY, October 26, 2018

“Tricks of the Trade (Secrets): Protecting Confidential Information In The Age of Employee Mobility,” Berkeley Law, University of California, co-sponsored by the Berkeley Center for Law & Technology and the Berkeley Technology Law Journal, February 22, 2018

“Speaking the Language of IP Litigation Finance: What Your Partners Don’t Know,” The New York Intellectual Property Law Association (NYIPLA), New York, NY, January 10, 2018

“Mock Closing Arguments in Rentmeester v. Nike, Inc.,” Hon. William C. Conner Inn of Court, U.S. District Court for the Southern District of New York (moderated by Hon. J. Paul Oetken (S.D.N.Y.) and Hon. Roslynn R. Mauskopf (E.D.N.Y.)), April 25, 2017

Panelist, “DACA and Contemporary Issues in U.S. Immigration Law,” Penn Law, Philadelphia, PA, January 20, 2017

“The Jurors Do Not Concur: Juror Opinions About Infringement, Validity, and Damages,” Kirkland Institute of Patent Infringement Litigation (KIPIL), New York, NY, December 12, 2016

“Get All Your Dockets In A Row: Everything You Ever Wanted To Know About Patent Venues,” Penn Law, Philadelphia, PA, October 26, 2016

“Engagement in IP Policy Matters,” Intellectual Property Institute, Lavender Law Conference, Washington, D.C., August 6, 2016

“Mock Closing Arguments in Skidmore v. Led Zeppelin,” Hon. William C. Conner Inn of Court, U.S. District Court for the Southern District of New York (moderated by Hon. J. Paul Oetken (S.D.N.Y.) and Hon. Roslynn R. Mauskopf (E.D.N.Y.)), April 19, 2016

“Intellectual Property Fundamentals,” Columbia Business and Law Association, New York, NY, November 10, 2015

“Anatomy of a File Wrapper,” Kirkland Institute of Patent Infringement Litigation (KIPIL), New York, NY, September 9, 2015

Guest Lecturer, “Representation of LGBT Asylum Seekers,” NYU School of Law, March 22, 2017, March 2, 2016 & March 11, 2015; Stanford Law School, May 7, 2015; Silberman School of Social Work at Hunter College (CUNY), April 19, 2016

“Through the Looking Glass: The Alice-Effect on Software-Implemented Patents,” Harvard Law School, Cambridge, MA, November 20, 2014

“Innovation and the Value of Patents,” Intellectual Property Institute, Lavender Law Conference, New York, NY, August 21, 2014

“IP Protection for Software,” Kirkland Institute of Patent Infringement Litigation (KIPIL), New York, NY, February 25, 2014

Panelist, “Tara's Crossing,” University of Connecticut School of Law, co-sponsored by the Asylum and Human Rights Clinic, April 21, 2011

“Who Really Invented the Telephone,” NYU School of Law (moderated by Hon. Pauline Newman, Circuit Judge, U.S. Court of Appeals for the Federal Circuit), March 22, 2011

Recognition

Recognized in The Legal 500 United States: Patents: litigation (International Trade Commission) & Trade secrets (litigation and non-contentious matters), 2019

Litigator of the Week (runner up), The America Lawyer, AmLaw Litigation Daily, May 10, 2019

Leadership Counsel on Legal Diversity (LCLD), 2017 Fellow

“Under 40 Hot List,” Benchmark Litigation, 2016

Federal Circuit Bar Association Global Fellow, 2016-2017

“Legal Lion,” Law360, August 2016

“Super Lawyer” in Intellectual Property Litigation, Super Lawyers Magazine, 2016–2019

“Rising Star,” New York Law Journal, 2015

“Rising Star” in Intellectual Property Litigation, Super Lawyers Magazine, 2012–2015

Kirkland & Ellis Pro Bono Partner of the Year, 2012

Access to Justice Award, New York Center for Law and Justice, 2016

Immigration Equality Safe Haven Award for the Firmwide LGBT Asylum Project, 2010, 2012, 2014 & 2017

New York State Bar Association Empire State Counsel Award, 2007

Kirkland & Ellis Pro Bono Service Award, 2006, 2008–2019

Kirkland & Ellis New York Recruiting Committee, 2008–present

Kirkland & Ellis New York Associate Review Committee, 2017–present

Kirkland & Ellis Firmwide Electronic Discovery Committee, 2016–present

Kirkland & Ellis Firmwide Pro Bono Management Committee, 2016–present

Memberships & Affiliations

Ninth Circuit Court of Appeals Pro Bono Panel

Federal Bar Council

Federal Circuit Bar Association

Hon. William C. Conner Inn of Court

Board of Directors, Immigration Equality

Credentials

Admissions & Qualifications

  • 2005, New York
  • Registered to Practice before the United States Patent and Trademark Office

Courts

  • Supreme Court of the United States
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the Northern District of Indiana
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of Wisconsin

Education

  • New York University School of LawJ.D.2004

    Staff Editor, 2002–2003; Article and Note Editor, 2003–2004, NYU Journal of Legislation and Public Policy

    Assoc. Editor, Singapore Yearbook of International Law, 2003–2004

  • Columbia University School of International and Public AffairsM.P.A., Science and Technology Policy2002
  • The University of OklahomaB.S., Biochemistrymagna cum laude1997