Joshua L. Simmons, P.C.
Practices
- Intellectual Property
- Litigation
- Appeals
- Copyright Litigation & Counseling
- Trademark Litigation & Counseling
- Internet & Social Media
- Advertising, Marketing & Promotions
- Open Source Software
- ITC Section 337 Proceedings
- Patent Infringement Litigation
- Trade Secrets Litigation
- Artificial Intelligence & Related Fields
Overview
Joshua is 'always up on the latest legal developments,' 'provides practical advice and solutions,' 'is passionate about the law,' and is 'always ready for a challenge.'
- World Trademark Review
Joshua Simmons is a nationally recognized appellate and trial court litigator, who has been lauded as an “exceptional,” “forceful,” and “creative” “brainiac” (Chambers), “Top Attorney” (Law360), and “big-picture thought leader” (WTR). This “Intellectual Property Superhero” (CLS) is one of Lawdragon's “500 leading litigators in America” for his wins in every kind of IP litigation and related commercial disputes, which have resulted in over $1.6 billion in combined plaintiff-side verdicts and complete dismissals in defense-side cases before and at trial. As a “Power Lawyer” (THR), “Trailblazer” (NLJ), “Leading AI & Legal Tech Advisor” (Lawdragon) and one of IAM’s Strategy 300 Global Leaders, he is sought after for complex cases and those of first impression; IP counseling; strategic portfolio management; as well as regulatory and legislative policy advice. His eye-catching litigations involve a range of media (film, news, publishing, social media, sports, television, theatre, and video games) and technologies (artificial intelligence, computer software and services, circuitry and semiconductors, immersive technology, Internet-based systems, pharmaceuticals and medical devices, and telecommunications).
Josh routinely is recognized for his high-profile IP, media, entertainment, and technology representations:
- Chambers ranked Josh for his copyright, trademark, trade secret, and media & entertainment practices, describing his “notable expertise” with “entertainment and technology sector clients.” It reported client comments that he is a “real expert” who “is completely on top of cases at all times,” “knows exactly what is happening,” and “has a 360 degree view of the entire litigation” with case theories "thought out in so many angles." They called him "impeccable,“ “diligent and responsive,” and “very, very available.” Clients also noted that he is “incredibly smart, super informed, and creative in his approach,” with "encyclopedic knowledge," "amazing writing skills,“ and “excellent work quality.” They found him “very practical” and “pragmatic” with “business-savvy advice" that "always keeps the client's goals in mind" and makes them "feel confident." And they wrote that he is “wonderful,” "even and steady," and a "terrific team player” who is “positive,” “productive,” and a “pleasure” and “delightful to work with.”
- World Trademark Review called Josh a “dexterous all-rounder” and established name in “complex cases and strategic portfolio management,” ranking him for trademark enforcement, litigation, prosecution, and strategy. Clients attested to him being a “tremendous asset” and “versatile practitioner” who combines “elite legal acumen with a unique understanding of the process of creating entertainment” and “a deep understanding of technology.”
- As a “seasoned appellate and trial litigator” with “broad-based expertise” and a “record at trial and appeals, including cases before the US Supreme Court,” Legal 500 recognized Josh as an “expert practitioner,” “leading lawyer,” and “experienced litigator.” It highlighted his copyright; trademark litigation, prosecution, portfolio management, and licensing; trade secrets; and media and entertainment practices, particularly his demonstrated “excellence in the spheres of media and tech” and “significant experience advocating” for “video games companies.” It also reported comments that Josh is one of the “best IP litigators” and that he has “encyclopedic knowledge of relevant law and measured but firm advocacy” that will “inject an aura of calm into even the most stressful disputes.”
- Numerous publications have honored Josh for his ground-breaking achievements. The Hollywood Reporter recognized him as a “Power Lawyer” for his practice at the “intersection of entertainment and tech.” National Law Journal named him a “Trailblazer” and “agent of change” in the sports, gaming, and entertainment industries. Columbia Law News called him a “Lion of the Law.” American Lawyer twice named Josh one of its “Litigators of the Week.” And Managing IP and Law360 honored Josh’s copyright, trade secret, and trademark cases as “Milestone Case of the Year” and “Legal Lions,” respectively.
In addition to his full-time litigation practice, Josh hosts PLI’s IP Discussions with Joshua Simmons, frequently speaks on emerging trends, and has authored numerous well-cited articles. He is an active member of the IP bar, serving as an officer and Council member for the ABA Intellectual Property Law Section, and a Trustee of the Copyright Society; leading various artificial intelligence, copyright, Internet and social media, software, and trademark committees and task forces; and liaising to organizations on copyright and right of publicity issues. And he is an advisor to Columbia Law School’s Kernochan Center.
Josh also is a diversity, inclusion, and pro bono leader, for which Columbia OutLaws and QTPOC honored him as the inaugural recipient of the Judge Deborah A. Batts Award for Queer Visibility. Within Kirkland, he is a member of the Firmwide Diversity & Inclusion Committee, and Coordinator of the N.Y. Pride Professional Network. Outside Kirkland, his pro bono includes representing asylum seekers before the Department of Homeland Security, as well as IP-related matters for the American Theatre Wing, Comic Book Legal Defense Fund, Fashion Law Institute, and various leading LGBTQ nonprofits. For his leadership, Kirkland’s New York Office named Josh its Pro Bono Partner of the Year.
Experience
Representative Matters
In addition to Josh’s non-litigation enforcement, prosecution, and counseling matters, he has been involved in the following litigations.
Copyright Litigation
Oracle Am., Inc. v. Hewlett Packard Enters. Co. (9th Cir.): Obtained reversal for Oracle in appeal of summary judgment order concerning the unauthorized use of software patches for its enterprise operating system, holding that Oracle presented sufficient evidence of copying, intentional interference, and unfair competition to go to the jury. At the remand jury trial, Oracle was awarded $30 million in damages.
Fox News Network, LLC v. TVEyes Inc. (S.D.N.Y./2d Cir./U.S. Supreme Court): Won summary judgment, obtained permanent injunction, and prevailed on appeal for Fox News in a copyright infringement action against a media monitoring service. The Second Circuit held that permitting users to view video clips of telecasts was not fair use and constituted volitional conduct leading to direct infringement liability.
Alexander v. Murdoch (S.D.N.Y./2d Cir.): Obtained dismissal and won appeal for Fox Entertainment Group, along with other defendants, holding that Fox’s Modern Family television series was not substantially similar to the plaintiff’s treatment and proposed pilot script, his idea misappropriation claim was preempted by the Copyright Act, and his defamation claim failed as it was based on statements that did not identify him.
Oracle Am., Inc. v. Google Inc. (Fed. Cir./U.S. Supreme Court): Obtained reversal in Oracle’s highly-publicized appeal of a district court order concerning the copyrightability of software. The appellate decision determined that the elements of Oracle’s Java platform copied by Google to create its Android operating system were copyrightable.
Hayden v. 2K Games, Inc. (N.D. Ohio): Won jury trial for 2K Games and its parent company in a lawsuit alleging that they committed copyright infringement by accurately depicting tattoos inked by the plaintiff on certain NBA players in their NBA 2K video game. After only 90 minutes, the jury found that, when LeBron James was inked, he received a license to be depicted and authorize their depiction in media. Prior to the trial, won a motion to dismiss the plaintiff’s claims for unjust enrichment and for a declaratory judgment that Take-Two should have credited the plaintiff for creating the tattoos, and summary judgment dismissing four tattoos due to knowing inaccuracies in the plaintiff’s copyright registrations.
Teradyne, Inc. v. Astronics Test Systems, Inc. (C.D. Cal./P.T.A.B.): Won a complete victory for ATS and its parent company in a patent, copyright, and state law lawsuit concerning aerospace test instruments. Won an initial motion to dismiss all of Teradyne’s claims as improperly pleaded and lacking personal jurisdiction; and a second motion to dismiss Teradyne’s indirect and willful patent infringement, unfair competition, and prospective economic advantage claims, as well as a motion to dismiss ATS’s parent company due to a lack of personal jurisdiction. Then, invalidated Teradyne’s automatic test equipment patent in an inter partes review proceeding. And finally, secured dismissal of Teradyne’s copyright claim as ATS’ copying for compatibility with pre-compiled computer programs was a fair use.
Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Grp., Inc. (S.D.N.Y.): Won $854 million trade secret and copyright jury verdict and obtained permanent injunction for TriZetto and Cognizant Technology Solutions Corp. in a litigation concerning healthcare software and related software consulting services.
Solid Oak Sketches, LLC v. 2K Games, Inc. (S.D.N.Y.): Won summary judgment on the bases of de minimis use, fair use, and license for 2K Games and Take-Two Interactive Software Inc. in a lawsuit alleging that they committed copyright infringement by accurately depicting NBA players, along with their tattoos, in their NBA 2K video game. Previously won a motion to dismiss statutory damages and attorney’s fees claims and defeated motion to dismiss Take-Two’s counterclaims, including fraud on the Copyright Office.
Alexander v. Take-Two Interactive Software, Inc. (S.D. Ill.): Successfully defended Take-Two and other defendants in a lawsuit alleging that their WWE 2K video game infringed the plaintiff’s copyrights in tattoos she inked on WWE wrestler Randy Orton, including winning motions to dismiss concerning personal jurisdiction and the plaintiff’s lack of a copyright registration. At trial, the plaintiff requested $27.3 million, but the jury awarded only $3,750 in actual damages and none of the defendants’ profits.
Motorola Solutions, Inc. v. Hytera Commc’ns Corp. (N.D. Ill.): Won $764 million trade secret misappropriation and copyright infringement jury trial involving Motorola’s digital radio systems technology and software, in which the jury rejected Hytera’s statute of limitations defense and awarded Motorola its full requested compensatory and punitive damages.
Take-Two Interactive Software, Inc. v. Mod Menu Creators (S.D.N.Y.): Obtained preliminary and permanent injunctions, defeated motions to dismiss, and secured maximum statutory damages, and attorney’s fees in series of copyright, breach of contract, and tortious interference lawsuits involving computer programs that alter Take-Two’s Grand Theft Auto V video game, allowing users to cheat and perform unauthorized actions.
Bitetto v. Rometty (N.D.N.Y.): Obtained dismissal for IBM’s CEO in a copyright and unfair competition action alleging infringement of a book describing a brain-inspired microchip.
Wolstenholme v. Hirst (S.D.N.Y.): Obtained dismissal for prominent artist Damien Hirst and Other Criteria (US), LLC in a copyright infringement, trade dress infringement, and unfair competition lawsuit concerning pharmaceutical pill-inspired jewelry created by Mr. Hirst.
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. Associated Press (S.D.N.Y.): Won summary judgment for the AP 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.
IBM Corp. v. Micro Focus (US), Inc. (S.D.N.Y.): Represented IBM in a copyright lawsuit concerning Micro Focus’ copying IBM’s CICS TS Web Services computer program. After Kirkland secured pre-trial victories that significantly expanded the scope and amount of damages, the case was resolved.
Chronicle Books, LLC v. Audible, Inc. (S.D.N.Y.): Brought copyright lawsuit on behalf of seven members of the Association of American Publishers seeking to enjoin a service that provided consumers the entire, machine-generated text of audiobooks. The parties resolved the litigation with a permanent injunction being issued and Audible agreeing that it will obtain permission from AAP’s members before moving forward with the service for their works.
IBM Corp. v. Teraproc Inc. (S.D.N.Y.): Secured permanent injunction for IBM in a copyright, trade secret, and business tort lawsuit concerning the copying by IBM’s former employees of proprietary source code for a high-performance computing program into an open sourced project without IBM’s authorization.
AMO Dev., LLC v. Alcon LenSx, Inc. (D. Del.): Successfully defended Alcon in a patent and copyright lawsuit concerning laser eye surgery technology, including defeating a preliminary injunction motion that sought to enjoin Alcon’s LenSx system sales, winning summary judgment motions based on the copyright statute of limitations and related-J&J entities not being beneficial owners of the asserted works, and defeating J&J’s motion for summary judgment on ownership of the asserted software. The case was settled prior to trial.
Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc. (D. Del.): Representing Thomson Reuters and West Publishing in a copyright and tortious interference lawsuit concerning copying of Westlaw’s content to create a competing product, including defeating ROSS’s motions to dismiss and for summary judgment, and winning motion for summary judgment that ROSS copied Thomson Reuters’ content and West’s tortious interference claim based on violating the Westlaw anti-bot and password-sharing provisions was not preempted by the Copyright Act.
Deloitte Consulting LLP v. Sagitec Solutions LLC (D. Del.) Representing Deloitte in a copyright, trade secret, and unfair competition case concerning use of its unemployment insurance software by a competitor, including defeating Sagitec’s motions to stay the litigation pending the outcome in a related criminal proceeding, to dismiss for lack of personal jurisdiction, and for a more definite statement of Deloitte’s asserted trade secrets.
Controlsoft, Inc. v. The Dow Chemical Co. (N.D. Ohio): Defending Dow in a trade secret, copyright, and breach of contract lawsuit concerning advanced process control technology.
Patent Litigation
Teradyne, Inc. v. Astronics Test Systems, Inc. (C.D. Cal./P.T.A.B.): Won a complete victory for ATS and its parent company in a patent, copyright, and state law lawsuit concerning aerospace test instruments. Won an initial motion to dismiss all of Teradyne’s claims as improperly pleaded and lacking personal jurisdiction; and a second motion to dismiss Teradyne’s indirect and willful patent infringement, unfair competition, and prospective economic advantage claims, as well as a motion to dismiss ATS’s parent company due to a lack of personal jurisdiction. Then, invalidated Teradyne’s automatic test equipment patent in an inter partes review proceeding. And finally, secured dismissal of Teradyne’s copyright claim as ATS’ copying for compatibility with pre-compiled computer programs was a fair use.
IngenioShare, LLC v. Epic Games, Inc. (W.D. Tex.): Won motion to dismiss in a multipatent litigation against Epic Games concerning its messaging and communication technology. The court held that the Western District of Texas was an improper venue for the parties’ dispute.
Epic IP LLC v. Sharp Electronics Corp. (S.D.N.Y.): Defended Sharp in a patent infringement litigation concerning web chat technology by moving to dismiss on the basis that Epic’s patent was directed to patent-ineligible subject matter. The patent was invalidated, and the case was dismissed.
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.
[24]7.ai, Inc. v. LivePerson, Inc. (N.D. Cal.): Represented LivePerson in a patent infringement lawsuit brought by 24/7, in which six patents were held invalid because they were directed to unpatentable subject matter.
Digi Portal LLC v. GoodRx, Inc. (D. Del.): Resolved five patent litigation involving website technology patents.
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.
JobDiva, Inc. v. Monster Worldwide, Inc. (S.D.N.Y.): Represented JobDiva in a multipatent infringement action involving resume search technology.
SportsCastr Inc. v. Genius Sports Ltd. (E.D. Tex.): Defending Genius in a multipatent lawsuit concerning video streaming software and systems.
Trademark and Unfair Competition Litigation
Oracle Am., Inc. v. Hewlett Packard Enters. Co. (9th Cir.): Obtained reversal for Oracle in appeal of summary judgment order concerning the unauthorized use of software patches for its enterprise operating system, holding that Oracle presented sufficient evidence of copying, intentional interference, and unfair competition to go to the jury. At the remand jury trial, Oracle was awarded $30 million in damages.
Teradyne, Inc. v. Astronics Test Systems, Inc. (C.D. Cal./P.T.A.B.): Won a complete victory for ATS and its parent company in a patenclaims as improperly pleaded and lacking personal jurisdiction; and a secondt, copyright, and state law lawsuit concerning aerospace test instruments. Won an initial motion to dismiss all of Teradyne’s motion to dismiss Teradyne’s indirect and willful patent infringement, unfair competition, and prospective economic advantage claims, as well as a motion to dismiss ATS’s parent company due to a lack of personal jurisdiction. Then, invalidated Teradyne’s automatic test equipment patent in an inter partes review proceeding. And finally, secured dismissal of Teradyne’s copyright claim as ATS’ copying for compatibility with pre-compiled computer programs was a fair use.
LivePerson, Inc. v. [24]7.ai, Inc. (S.D.N.Y./N.D. Cal.): Won $30 million trade secret and unfair competition jury verdict for LivePerson in a lawsuit concerning 24[7]’s misappropriation of LivePerson’s chat engagement rule and data trade secrets. After trial, the court awarded more than $4 million in additional pre- and post-judgment interest, as well as rejecting each of [24]7 arguments seeking to overturn the jury verdict.
Brantley v. Epic Games, Inc. (D. Md.): Obtained dismissal of lawsuit asserting that Epic Games violated the plaintiffs’ rights in a dance step as their state-law claims were preempted by the Copyright Act, their Lanham Act claims were barred by the Dastar doctrine, and their trademark and dilution claims failed to plead the existence of a trademark.
Pellegrino v. Epic Games, Inc. (E.D. Pa.): Represented Epic Games against a claim that Fortnite’s “Phone It In” emote violated Pellegrino’s rights in a dance movement, including winning a motion to dismiss that Pellegrino’s right of publicity claims were barred by the First Amendment, his trademark claims were preempted by the Copyright Act, and he failed to satisfy the elements of his unfair competition and unjust enrichment claims.
Graham v. Take-Two Interactive Software, Inc. (S.D.N.Y.): Obtained dismissal for Take-Two in a trademark lawsuit concerning use of the RWTW acronym on a video game cover depicting LeBron James, with whom the acronym is associated.
Wolstenholme v. Hirst (S.D.N.Y.): Obtained dismissal for prominent artist Damien Hirst and Other Criteria (US), LLC in a copyright infringement, trade dress infringement, and unfair competition lawsuit concerning pharmaceutical pill-inspired jewelry created by Mr. Hirst.
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.
Interpride v. Bearsurrection FTL, LLC (T.T.A.B.): Cancelled Bearsurrection’s BEAR WORLD PRIDE trademark registration in view of Interpride’s prior rights in WORLDPRIDE.
Hage v. Shenzhen Xiaohuangfeng Trading Co. (T.T.A.B.): Achieved a sustained opposition and refusal of Shenzhen’s trademark application.
NES Rentals (W.I.P.O.): Obtained multiple transfer orders in domain name disputes under ICANN’s Uniform Domain Name Dispute Resolution Policy.
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.
Yahoo Inc. v. Maesa LLC (T.T.A.B.): Defending Maesa against Yahoo’s opposition to its registration of a mark for one of its beauty brands.
Deloitte Consulting LLP v. Sagitec Solutions LLC (D. Del.) Representing Deloitte in a copyright, trade secret, and unfair competition case concerning use of its unemployment insurance software by a competitor, including defeating Sagitec’s motions to stay the litigation pending the outcome in a related criminal proceeding, to dismiss for lack of personal jurisdiction, and for a more definite statement of Deloitte’s asserted trade secrets.
Verrica Pharm. Inc. v. Dormer Labs. Inc. (E.D. Pa.): Defending Dormer in a false advertising and unfair competition litigation concerning its cantharidin products.
In re Certain Prods. Containing Tirzepatide & Prods. Purporting to Contain Tirzepatide (I.T.C.): Representing Eli Lilly and Company in an I.T.C. investigation concerning trademark infringement, false designation of origin, and false advertising by sellers or purported sellers of tirzepatide.
Eli Lilly & Co. v. Compounders (D. Az./S.D. Cal./D. Col./D.D.C./M.D. Fla./D. Haw./N.D. Ohio/ S.D. Ohio/S.D. Texas/W.D. Wash.): Representing Lilly in multiple litigations concerning violations of the Lanham Act and state prohibitions on deceptive trade practices. The cases involve the defendants’ use the Mounjaro® and Zepbound® trademarks to market and sell their own, non-FDA approved drugs, as well as promotion of the sale of those drug by falsely representing them to prospective patients as having the same indicia of safety, effectiveness, and quality as Lilly’s Mounjaro® and Zepbound®.
Sterling Comput. Corp. v. IBM Corp. (D.S.D.): Representing IBM in a trademark dispute with SCC concerning the parties’ use of the term “Sterling.”
Apex Systems, LLC v. Infostretch, Inc. (T.T.A.B.): Defending Infrostretch against Apex Systems’ opposition to its registration of the mark APEXON.
Samsara Inc. v. Motive Techs Inc. (D. Del./N.D. Cal./I.T.C.): Representing Samsara in a multi-forum litigation involving patent infringement, false advertising, trade secret misappropriation, unfair competition, and state-law tort claims concerning Samsara’s and Motive’s internet-of-things and artificial intelligence technologies.
Trade Secrets Litigation
LivePerson, Inc. v. [24]7.ai, Inc. (S.D.N.Y./N.D. Cal.): Won $30 million trade secret and unfair competition jury verdict for LivePerson in a lawsuit concerning 24[7]’s misappropriation of LivePerson’s chat engagement rule and data trade secrets. After trial, the court awarded more than $4 million in additional pre- and post-judgment interest, as well as rejecting each of [24]7 arguments seeking to overturn the jury verdict.
Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Grp., Inc. (S.D.N.Y.): Won $854 million trade secret and copyright jury verdict and obtained permanent injunction for TriZetto and Cognizant Technology Solutions Corp. in a litigation concerning healthcare software and related software consulting services.
Motorola Solutions, Inc. v. Hytera Commc’ns Corp. (N.D. Ill.): Won $764 million trade secret misappropriation and copyright infringement jury trial involving Motorola’s digital radio systems technology and software, in which the jury rejected Hytera’s statute of limitations defense and awarded Motorola its full requested compensatory and punitive damages.
IBM Corp. v. Teraproc Inc. (S.D.N.Y.): Secured permanent injunction for IBM in a copyright, trade secret, and business tort lawsuit concerning the copying by IBM’s former employees of proprietary source code for a high-performance computing program into an open sourced project without IBM’s authorization.
Deloitte Consulting LLP v. Sagitec Solutions LLC (D. Del.) Representing Deloitte in a copyright, trade secret, and unfair competition case concerning use of its unemployment insurance software by a competitor, including defeating Sagitec’s motions to stay the litigation pending the outcome in a related criminal proceeding, to dismiss for lack of personal jurisdiction, and for a more definite statement of Deloitte’s asserted trade secrets.
Unisys Corp. v. Gilbert (E.D. Pa.): Representing Unisys in a trade secret, breach of contract, and tortious interference with contract lawsuit against Atos SE; Atos IT Solutions & Services, Inc.; and two former Unisys employees who Atos hired for misappropriating Unisys’ digital workplace solution technology, including winning motion to dismiss one of the former employees’ counterclaim for breach of his severance agreement.
United States v. Minkkinen (S.D.W. Va.): Representing Deloitte & Touch LLP in a criminal prosecution in which two of its former employees were indicted for misappropriating Deloitte software-related trade secrets.
Advice Interactive Grp., LLC v. Web.com Grp., Inc. (M.D. Fla.): Defended Web.com in a copyright, trade secret, unfair competition, and breach of contract lawsuit concerning web-based analytics software.
Controlsoft, Inc. v. The Dow Chemical Co. (N.D. Ohio): Defending Dow in a trade secret, copyright, and breach of contract lawsuit concerning advanced process control technology.
Samsara Inc. v. Motive Techs Inc. (D. Del./N.D. Cal./I.T.C.): Representing Samsara in a multi-forum litigation involving patent infringement, false advertising, trade secret misappropriation, unfair competition, and state-law tort claims concerning Samsara’s and Motive’s internet-of-things and artificial intelligence technologies.
Lupin Atlantis Holdings S.A. v. Zeng (S.D. Fla.): Representing Lupin Atlantis and its parent company in a trade secret, breach of contract, and state-law tort lawsuit concerning its inhalation pharmaceutical products.
Pro Bono
More
Thought Leadership
Books
Trade Marks & Copyright (Chambers and Partners 2024 ed.)
Trade Marks (Chambers and Partners 2021–23 ed.)
Book Chapters
Copyright, in Successful Partnering Between Inside & Outside Counsel (Robert L. Haig ed., 2016–21)
Digital Millennium Copyright Act: 20 Years Later, in Intellectual Property Law in Cyberspace (3d ed., 2017; 3d ed. Supp. 2018–20)
The Digital Millennium Copyright Act and Its Effect on Copyright Owners and Service Providers Online, in Intellectual Property Law in Cyberspace (2d ed. Supps. 2012–16)
Law Journal Publications
The 5 Ws of Merger, 43 Colum. J.L. & Arts 407 (2020)
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
2023 Copyright Developments, ABA Copyright Division
2022 Copyright Developments, ABA Copyright Division
2021 Trade Secret Developments, IPO Trade Secret Committee
2021 Trademark & Unfair Competition Developments, IPO U.S. Trademark Law Committee
2021 Copyright Developments, ABA Copyright Division
FTC Sends Over 700 Companies Notice of Penalty Offenses Concerning Deceptive or Unfair Conduct Around Endorsements and Testimonials, Kirkland Alert, Oct. 22, 2021
2020 Copyright Developments, ABA Copyright Division
Trademarks and the First Amendment: Litigation Trends, N.Y.L.J., Nov. 6, 2020
Recovering on Small Copyright Claims, Jurist Int’l, no.3, 2020 at 65
2019 Copyright Developments, ABA Copyright Division
Resolving Patent Disputes, Financier Worldwide, Aug. 2019, at 31
On the Road to a Modern Copyright System, Landslide, Mar./Apr. 2019, at 5
2018 Copyright Developments, ABA Copyright Division
Split Personality: Constructing a Coherent Right of Publicity Statute, Landslide, May/Jun. 2018, at 37
‘Substantial Similarity’: A New Approach to Dismissing Implied-in-Fact Contract Claims?, N.Y.L.J., Mar. 23, 2018
2017 Copyright Developments, ABA Copyright Division
Software IP—It’s Not Just For Tech Cos. Anymore, Law360, Aug. 3, 2017
Contentious Construction: Does Language Fit into Copyright’s Mold?, Landslide, July/August 2017, at 44
Searching for Web Crawling’s Legal Boundaries, N.Y.L.J., May 22, 2017
2016 Copyright Developments, ABA Copyright Division
The Next Great Copyright Office, Landslide, July/August 2015, at 22
2014 Social Media in the News, ABA Copyright & Social Media Committee
2013 Social Media in the News, ABA Copyright & Social Media Committee
Social Media in the Digital Millennium, Landslide, May–June 2013, at 26
Speaking Engagements
In addition to the speaking engagements below, Josh has given guest lectures on copyright, trademark, and right of publicity topics at Harvard Law School, Columbia Law School, and Fordham Law School.
Practicing Law Institute’s IP Discussions with Joshua Simmons (Season 3):
Developing and Protecting Trade Secrets (June 17, 2024)
Video Games (May 17, 2024)
Prosecution & Ethics (Mar. 4, 2024)
News (Feb. 26, 2024)
Motion Pictures (Jan. 4, 2024)
Judging IP Cases (Nov. 13, 2023)
Keep It Secret, Keep It Safe: Integrating Trade Secret Best Practices Into Your IP Portfolio Management, 2024 INTA Annual Meeting (May 21, 2024)
Artificial Intelligence: Chapter 1 – Inputs, 31st Annual Intellectual Property Law & Policy Conference (Apr. 5, 2024)
Artificial Intelligence: Chapter 2 – Outputs & Infringement, 31st Annual Intellectual Property Law & Policy Conference (Apr. 5, 2024)
Getting Out of the Art Business: First Andy Warhol Foundation v. Goldsmith, Now Vans v. MSCHF?, 31st Annual Intellectual Property Law & Policy Conference (Apr. 4, 2024)
The Regulatory Landscape: Legislating AI, The Business of AI (Mar. 21, 2024)
On the Server Test and the Ninth Circuit, AccelPro (Jan. 24, 2024)
Year-End Copyright Case Roundup, Copyright Society (Dec. 11, 2023)
Advantages and Legal Pitfalls in Artificial Intelligence, CSU IP+ Conference 2023 (Dec. 1, 2023)
How Generative AI Turns Copyright Upside Down, Accountability and Liability in Generative AI Challenges and Perspectives (Nov. 17, 2023)
Artificial Intelligence in Patents and in Practice, N.Y. Intell. Prop. Assoc. (Nov. 8, 2023)
Artificial Intelligence 2.0: Hot Topics and Making AI Work for You (Oct. 5, 2023)
Practicing Law Institute’s IP Discussions with Joshua Simmons (Season 2):
Litigating at the Supreme Court (Aug. 1, 2023)
Diversity & Appropriation (July 28, 2023)
Moral Rights (June 6, 2023)
Artificial Intelligence (Apr. 27, 2023)
Damages (Mar. 27, 2023)
Technical Protection Measures and Their Circumvention (Mar. 6, 2023)
Business vs. Technical Trade Secrets (Jan. 30, 2023)
Trademark Dilution and Depletion (Dec. 22, 2022)
Product Packaging (Nov. 9, 2022)
Judging IP Cases (Nov. 1, 2022)
AI Meets IP: The Questions You Should Be Asking, and Some of the Answers (Apr. 20, 2023)
Using Copyrighted Works to Train AI: Fair Use or Just Plain Unfair?, Copyright Society (Apr. 19, 2023)
Artificial Intelligence, 30th Annual Intellectual Property Law & Policy Conference (Apr. 14, 2023)
Engines of Free Expression: IP Rights and Defenses, 30th Annual Intellectual Property Law & Policy Conference (Apr. 13, 2023)
Is There a “Right to Repair”? And What Do IP Professionals Need to Know About It?, IP Chat Channel (Apr. 6, 2023)
Top 10 Mistakes Intellectual Property Lawyers Should Avoid, Federal Bar Association (Mar. 20, 2023)
Keeping Secrets: How to and How Not to Protect Your Company’s Trade Secrets, 2023 Copyright, Trademark, Internet & Advertising Symposium (Mar. 16, 2023)
Technology Got Us Into This Mess. Can It Get Us Out?, 2023 Copyright, Trademark, Internet & Advertising Symposium (Mar. 16, 2023)
Encouraging Creativity: When IP and Free Speech Collide, 2023 Copyright, Trademark, Internet & Advertising Symposium (Mar. 16, 2023)
Display Rights, Crawling Wrongs, and Social Media Pitfalls, 2023 Copyright, Trademark, Internet & Advertising Symposium (Mar. 16, 2023)
Copyright Registration Issues in Litigation, Advanced Copyright 2023: Current Issues (Mar. 9, 2023)
Copyright Roundup: Discussing the Greatest Hits of 2022, NYCLA’s 14th Art Law Institute: New Insights in Art Law (Oct. 28, 2022)
Practicing Law Institute’s IP Discussions with Joshua Simmons (Season 1)
Preemption (Sept. 1, 2022)
Parody/Satire (June 29, 2022)
Photography (May 13, 2022)
Product Design (Apr. 25, 2022)
Antitrust (Mar. 14, 2022)
Social Media (Feb. 25, 2022)
Trademarks and the First Amendment (Jan. 7, 2022)
Employment Agreements (Dec. 20, 2021)
Platform Liability & Safe Harbors (Nov. 10, 2021)
Repair Restrictions (Oct. 19, 2021)
Conversation with Joshua Simmons, Non Obvious with Hugh Hanson (Oct. 14, 2022)
#sponsored — Navigating Advertising Rules & Regulations in the World of Social Media, 2022 Advertising Law Seminar (Oct. 12, 2022)
Believe the Hype or Old Wine in New Bottles? Understanding and Using New Internet Technologies, 2022 INTA Annual Meeting (Apr. 30, 2022)
Are We All Textualists Now? “Communicating” a “Display” to the “Public,” 29th Annual Intellectual Property Law & Policy Conference (Apr. 22, 2022)
A Bit about Bits: IP Protection for Software, 2022 ABA-IPL Section Annual Meeting (Apr. 7, 2022)
Copyright Registration Issues in Litigation, Advanced Copyright 2022: Current Issues (Mar. 10, 2022)
When Creativity and Commercialism Meet: Trademarks and the First Amendment, 2021 INTA Annual Meeting (Nov. 16, 2021)
The IP Line of Scrimmage: Recognizing Infringement Online, Kirkland Now (Nov. 11, 2021)
What’s in a (Brand) Name: Trademark 101, Federal Bar Association (Nov. 1, 2021)
Trademark Law and Artificial Intelligence, C-IP2 2021 Annual Fall Conference (Oct. 14, 2021)
Running Up the Score with the First Amendment: Right of Publicity, Intellectual Property and Social Media in 2021, ABA Forum on Entertainment & Sports Industries (Oct. 9, 2021)
New Cases in Copyright Law—Internet and Beyond, Fundamentals of Copyright Law in the Data Era 2021 (July 12, 2021)
The Originality Requirements in the Restatement, Columbia Law School Roundtable on The Restatement of Copyright Law: Past, Present, and Future (Apr. 23, 2021)
Copyright Unmasked: A Year in Copyright Developments, ABA IPLSPRING Series (Apr. 15, 2021)
Dancing with Rogers: Trademarks and the First Amendment, 28th Annual Intellectual Property Law & Policy Conference (Apr. 9, 2021)
Copyright Infringement Trials, Advanced Copyright 2021: Current Issues (Mar. 11, 2021)
How Allyship Advances Diversity & Inclusion in the IP Legal Profession, IP Chat Channel (Jan. 28, 2021)
Google v. Oracle America, Inc.: The Copyright Battle of the Century, LAIPLA (Jan. 13, 2021)
Line Drawing: Advanced Topics in Deciphering Fair Use, Copyright Society (Nov. 10, 2020)
Oracle v. Google: Analyzing the Oral Argument and Outlook, IP Chat Channel (Oct. 13, 2020)
Point/Counterpoint: Copyright Year in Review, ABA IP Fall Institute (Sept. 29, 2020)
Intermediary Cooperation, Liability, and Safe Harbors, 2020 IPO Annual Meeting (Sept. 21, 2020)
Enforcing Copyrights, Fundamentals of Copyright Law in the Data Era 2020 (June 25, 2020)
Copyright and the State: The Canadian and US Supreme Court Recent Decisions on State Materials, ALAI Canada (June 23, 2020)
Scorching Hot Copyright Topics, ABA IPLSPRING Series (June 11, 2020)
Wait! (Or Maybe Don’t): Copyright’s Statute of Limitations, Advanced Copyright Law 2020: Current Issues (Mar. 12, 2020)
Fun Games & Legal Claims: Exploring the Intersection of Copyright in Video Games, 2020 CSUSA Midwinter Meeting (Feb. 15, 2020)
Scope of Copyright Protection, Kernochan Symposium 2019: Exploring Copyrightability and Scope of Protection (Oct. 4, 2019)
Enforcing Copyrights, Fundamentals of Copyright Law in the Data Era 2019 (June 27, 2019)
Leveling Up in Video Game Copyright, Copyright Society of the USA (May 31, 2019)
Software Trademarks: Open or Proprietary, 141st INTA Annual Meeting (May 21, 2019)
Mid-Year in Review, AIPLA 2019 Spring Meeting (May 17, 2019)
The More You Know: U.S. Intellectual Property Protection for Data, 26th Annual Technology & Law Seminar (May 15, 2019)
Stranger Danger: Protecting brand Owners from Potential Liability from Influencers and Customer Reviews, 26th Annual Technology & Law Seminar (May 15, 2019)
Taking Copyright a (Dance) Step Too Far, 27th Annual Intellectual Property Law & Policy Conference (Apr. 26, 2019)
Google v. Oracle, 27th Annual Intellectual Property Law & Policy Conference (Apr. 25, 2019)
Secondary Liability and the DMCA, 34th Annual Intellectual Property Law Conference (Apr. 19, 2018)
Demystifying Software Copyrights, Advanced Copyright Law 2019: Current Issues (Mar. 14, 2019)
It’s Not the Principle, It’s the Money: IP Remedies, 2019 Copyright, Trademark, Internet & Advertising Symposium (Feb. 5, 2019)
Living on the Edge: Software and Emerging Technologies, 2019 Copyright, Trademark, Internet & Advertising Symposium (Jan. 24, 2019)
Transforming the Law: Fair Use for the In-House Lawyer, 2019 Copyright, Trademark, Internet & Advertising Symposium (Jan. 24, 2019)
Copyright Liability for Online Service Providers, 2019 Copyright & Technology Conference (Jan. 16, 2019)
Raiders of the Lost Act: An Adventure into Dark Corners of the Copyright Act, Copyright Society of the USA (Oct. 30, 2018)
Protecting Software in the Pharmaceutical and Health Care Industries, 46th IPO Annual Meeting (Sept. 24, 2018)
Famous and Furious: Beer, Video Games, and Fantasy Sports vs. Celebrity Likeness, ABA Webinar (Aug. 29, 2018)
Thinking About Your Copyrights: Enforcement & Defense, Fundamentals of Copyright Law in the Data Era (June 28, 2018)
Celebrity Name and Likeness Rights: Publicity, Personality, Privacy, or Confusion?, 140th INTA Annual Meeting (May 23, 2018)
Embedding and Framing and Linking, Oh My! Social Media Risks and Strategies, 25th Annual Technology & Law Seminar (May 15, 2018)
The Right of Publicity, 33rd Annual Intellectual Property Law Conference (Apr. 19, 2018)
Watching the Fair Use Pendulum Swing, 26th Annual Intellectual Property Law & Policy Conference (Apr. 6, 2018)
U.S. Copyright Potpourri, 26th Annual Intellectual Property Law & Policy Conference (Apr. 6, 2018)
Substantial Similarity: Do We Know It When We See It?, Advanced Copyright Law 2018: Current Issues (Mar. 15, 2018)
Alice Doesn’t Live Here Anymore: Software Protection in the Post-Alice Era, 2018 Copyright & Technology Conference (Jan. 16, 2018)
Speak Softly and Use the Right Stick: The Future of IP Protection for Software, IP West 2017 (Oct. 12, 2017)
Crying Wolf or Is Open Source Risk Real: Some Recent Trends and Cases, 2017 Open Source Seminar (June 7, 2017)
Taming the Unruly: Protecting Software Using Different IP Disciplines, 24th Annual Technology & Law Seminar (May 31, 2017)
Resolving Technology and IP Disputes with Online Dispute Resolution Technology, 19th Annual Dispute Resolution Conference (Apr. 21, 2017)
Fair Use After Google Books, Advanced Copyright Law 2017: Current Issues (Mar. 16, 2017)
“You Stole My Idea!” “Who Are You?”: Recent Idea Submission Developments, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 31, 2017)
Fair Weather Friends: Nominative Fair Use and Comparative Advertising, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 24, 2017)
Building on the Shoulders of Giants or Stealing Their Gold: When Does Copying from Software Competitors Go Too Far?, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 18, 2017)
Life of a Social Media Campaign: Concerns and Best Practices, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 18, 2017)
Part of the Team: Trademark & Copyright Contributory Infringement, 2017 Copyright, Trademark, Internet & Advertising Symposium (Jan. 18, 2017)
The Copyrightability of Constructed Languages, Copyright Society of the USA (Dec. 16, 2016)
Viral Videos, 24th Annual Fordham Intellectual Property, Media & Entertainment Law Journal Symposium (Sept. 30, 2016)
How Many “Likes” Can You Get? Navigating Advertising Rules & Regulations in the World of Social Media, 2016 Advertising Law Seminar (Sept. 13, 2016)
Using Social Media and Internet-Based Content: What You Don’t Know Can Hurt You!, 23rd Annual Technology & Law Seminar (May 18, 2016)
Law & Innovation: Web Crawling and Scraping, ABA 31st Annual Intell. Prop. Law Conference (Apr. 7, 2016)
Copyright in Computer Programs: A Sea Change or Business As Usual?, 24th Annual Intellectual Property Law & Policy Conference (Apr. 1, 2016)
Copyright Office: Past, Present, Future, Advanced Copyright Law Annual Review 2016 (March 23, 2016)
Double the Opportunity: Patent and Copyright Protection for Software After Alice and Oracle, 43rd IPO Annual Meeting (Sept. 28, 2015)
Global Trademark Portfolio Management in 2015, Intellectual Property Institute, National LGBT Bar Association's 2015 Lavender Law Conference (Aug. 7, 2015)
Fair Use: Which Factors Count in Different Circuits?, IPCENTRAL at the ABA Annual Meeting (July 31, 2015)
New Cases in Copyright Law — Internet and Beyond, Fundamentals of Copyright Law in the Data Era 2015 (June 25, 2015)
Avoiding Legal and Ethical Social Media Pitfalls, 22nd Annual Technology & Law Seminar (May 20, 2015)
From Big Screen to Computer Screen, Columbia Law School Entertainment, Arts and Sports Law Society's Spring Symposium (Apr. 17, 2015)
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)
The FCC's Recently Proposed Network Neutrality Rules, NYC Bar Association's Information Technology Law Committee (Oct. 27, 2009)
Recognition
American Lawyer
“Litigator of the Week,” 2024
“Litigator of the Week,” 2020
Benchmark Litigation
Appellate, 2020–24
Intellectual Property, 2020–24
“40 & Under Hot List,” 2020–24
Best Lawyers
Copyright Law, 2019–24
Litigation - Intellectual Property, 2023–24
Trademark Law, 2023–24
Chambers and Partners
Intellectual Property: Trademark, Copyright & Trade Secrets - New York, 2019–24
Media & Entertainment: Litigation - New York, 2021–24
Columbia Law School
“Lion of the Law,” Columbia Law News, 2021
Judge Deborah A. Batts Award for Queer Visibility, Columbia OutLaws and QTPOC, 2021
Expert Guides
Litigation, 2022
“Rising Star,” 2022
The Hollywood Reporter
“Power Lawyer,” New York, 2021
IAM
Strategy 300 Global Leaders, 2024
Strategy 300 IP Management Consultancy, 2023–24
Strategy 300 Legal, 2023–24
Law360
Media & Entertainment Editorial Board, 2021
Media & Entertainment “Rising Star,” 2018
Lawdragon
Leading AI & Legal Tech Advisors, 2024
Leading Litigators in America, IP Litigation, 2022–23
Legal 500
“Leading Lawyer,” 2023–24
Copyright, 2018, 2020–24
Media & Entertainment, 2017–19, 2022–24
Trademarks: Litigation, 2018–19, 2024
Trade Secrets, 2017–24
“Next Generation Partner,” 2020–23
“Next Generation Lawyer,” 2017–19
Managing Intellectual Property
“Rising Star,” 2022
Copyright, 2022
National Law Journal
Sports/Gaming/Entertainment Law “Trailblazer,” 2021
Sports & Entertainment “Trailblazer,” 2020
Super Lawyers Magazine
"Super Lawyer," 2022–23
Intellectual Property Litigation, 2014–23
“Rising Star,” 2014–21
World Intellectual Property Review
“WIPR Leader,” 2023
World Trademark Review
Enforcement & Litigation, Bronze, 2019–24
Prosecution & Strategy, Bronze, 2021–24
American Bar Foundation
Life Fellow, 2021–present
Fellow, 2017–2021
Immigration Equality
Safe Haven Award, 2012, 2014
Memberships & Affiliations
American Bar Association, Intellectual Property Law Section
Vice Chair, 2024–25
Secretary, 2021–24
Copyright Law Reform Task Force, Chair, 2013–24
Artificial Intelligence/Machine Learning Task Force, Member, 2023–24
Policy Advisory Committee, Chair, 2022–24
HOD Resolution Committee, Chair, 2023–24, Member, 2019–2023
Council, Member and Liaison to Copyright Division, 2017–2021
Nominating Committee, Member, 2017–18
Copyright Division, Chair, 2016–17; Vice Chair, 2015–16
Copyright & Social Media Committee, Chair, 2013–15; Vice Chair, 2012–13
Specialized IP Issues Division, Secretary, 2011–12
American Law Institute
Restatement of the Law, Copyright Project, IPO Liaison, 2018–present
Columbia Law School’s Kernochan Center for Law, Media and the Arts
Board of Advisors, Member, 2018–present
Copyright Society of the USA
Trustee, 2022–present
Website & Social Media Committee, Chair, 2023–24
Website & Media Library Committee, Chair, 2022–2023
New York Chapter Planning Committee, Member, 2015–present
Volunteer Award, 2022
Website Redesign Task Force, Co-Chair, 2020–2022
Media Library Committee, Chair, 2017–2020
Advisory Board, Member, 2017–2018
Intellectual Property Owners Association
Artificial Intelligence, Data & New Emerging Technologies Committee, Vice Chair, 2024
Amicus Brief Committee, Vice Chair, 2024
Artificial Intelligence Task Force (Inventorship and Ownership Subcommittee), Member, 2023–present
Amicus Brief Committee, Member 2023
Artificial Intelligence & New Emerging Technologies Committee, Vice Chair, 2022–23
Copyright & Related Rights Committee, Vice Chair, 2021
Copyright Law & Anti-Piracy Committee, Vice Chair, 2020
Software Related Inventions Committee, Vice Chair, 2018–2019; Member, 2016–2017
2019 IPO Annual Meeting Program Committee, Member, 2019
Software & Business Methods Committee, Member, 2013–15
International Trademark Association
Internet Committee (Public Policy Subcommittee), Subcommittee Chair, 2024–present
Internet Committee (Public Policy Subcommittee), Subcommittee Chair, 2022–23
Online Counterfeiting Task Force, Member, 2020–2021
Internet Committee (Public Policy Subcommittee), Member, 2020–2021
Internet Committee (Social Media and Online Use Subcommittee), Member, 2018–2019
Internet Committee (Geographic Terms and Internationalized Domain Name Issues Subcommittee), Member, 2016–2017
Second Circuit Judicial Conference
2022 Program Planning Committee, Artificial Intelligence Subcommittee Co-Chair, 2021–22
Association of the Bar of the City of New York
Information Technology Law Committee, Member, 2009–10
National Conference of Commissioners on Uniform State Laws
Right of Publicity Study Committee, ABA Adviser, 2017–18
York Theatre Company
Board of Directors, Member, 2016–2018
Kirkland & Ellis Distinctions
Firmwide Diversity & Inclusion Committee
Member, 2019–present
Firmwide IP Litigation Associate Review Committee
Member, 2023–present
Firmwide IP Training Advisory Committee
Member, 2018–present
New York Pride Professional Network
Coordinator, 2022–present
New York Advisory Group on IT
Member, 2015–present
New York Office Pro Bono Partner, 2022
New York Kirkland Pride Affinity Group
Coordinator, 2020–2022
New York Summer Program Committee
Member, 2019–2021
New York Mentoring Committee
Member, 2013–2021
New York Recruiting Committee
Member, 2015–2019
Pro Bono Service Award
Recipient, Each year 2010–18
ALLSA Diversity Initiative
Liaison to Columbia Law School Outlaws, 2011–17
Liaison to Yale Law School OutLaws, 2014–15
New York Associates Committee
Member, 2012–16
Diversity Fellowship
Recipient, 2009
Credentials
Admissions & Qualifications
- 2011New York
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 Sixth Circuit
- United States Court of Appeals for the Seventh Circuit
- United States Court of Appeals for the Ninth Circuit
- United States Court of Appeals for the Eleventh Circuit
- United States District Court for the District of Colorado
- United States District Court for the Eastern District of New York
- United States District Court for the Northern District of New York
- United States District Court for the Southern District of New York
- United States District Court for the Central District of California (pro hac vice)
- United States District Court for the District of Delaware (pro hac vice)
- United States District Court for the District of Maryland (pro hac vice)
- United States District Court for the District of Massachusetts (pro hac vice)
- United States District Court for the District of New Jersey (pro hac vice)
- United States District Court for the Eastern District of Pennsylvania (pro hac vice)
- United States District Court for the Eastern District of Texas (pro hac vice)
- United States District Court for the Middle District of Florida (pro hac vice)
- United States District Court for the Northern District of California (pro hac vice)
- United States District Court for the Northern District of Illinois (pro hac vice)
- United States District Court for the Northern District of Ohio (pro hac vice)
- United States District Court for the Southern District of Florida (pro hac vice)
- United States District Court for the Southern District of Illinois (pro hac vice)
- United States District Court for the Southern District of Texas (pro hac vice)
- United States District Court for the Western District of Texas (pro hac vice)
Education
- Columbia Law SchoolJ.D.2010
Carroll G. Harper Prize (achievement in intellectual property)
Harlan Fiske Stone Scholar
Executive Editor, Columbia Business Law Review
- Brandeis UniversityB.A., Politics; Computer Science Minor2006
Press Coverage
LeBron’s Tattoo Artist Can't Get New Trial In NBA 2K Case, Law360, Aug. 23, 2024
How Attorneys Are Celebrating Pride Month In 2024, Law360, June 27, 2024
Eli Lilly Launches Round Of Diabetes Drug Suits, Law360, June 20, 2024
Law360's Legal Lions Of The Week, Law360, Apr. 26, 2024
Litigators of the Week: Kirkland Beats Videogame Copyright Claim From Lebron James’ Tattoo Artist, The AmLaw Litigation Daily, April 26, 2024
Tattoo Artist Loses IP Trial Against NBA 2K Video Game Cos., Law360, Apr. 19,2024
LeBron James tattoo artist loses trial against 'NBA 2K' maker Take-Two, Reuters, Apr. 19, 2024
How AI is changing the work of IP juniors, World IP Review, Mar. 5, 2024
Copyright Damages Case Turns on High Court’s Taste for Discovery, Bloomberg, Feb. 26, 2024
Trucker Tracking Co. Launches Patent Suit Against Rival, Law360, Jan. 24, 2024
Judge Says Code Used By Astronics Not A Copyright Violation, Law360, Dec. 12, 2023
Military testing company granted rare fair use ruling over API software code, World IP Review, Dec. 11, 2023
Tattoo Artist Can't Combine Two IP Suits, Judge Says, Law360, Oct. 27, 2023
Can viral social media trends be protected under IP law?, World Intell. Prop. Review, Sept. 20, 2023
The AI Revolution Is Upon Us, Whether or Not Copyright Laws Are Ready, Observer, Mar. 30, 2023
Rival Stole Unemployment Benefits Software, Deloitte Says, Law360, Mar. 24, 2023
Thomson Reuters Pushes For Wins In IP Suit Against ROSS, Law360, Feb. 24, 2023
Dow Chemical Wants Out Of Tech Firm's Trade Secrets Spat, Law360, Jan. 13, 2023
Judge Shrinks J&J's Potential Damages Recovery In IP Row, Law360, Dec. 6, 2022
Epic Shakes Choreographer’s Fortnite Dance Copyright Row, Law360, Aug. 26, 2022
Epic Moves To Ax Fortnite Dance Copyright Suit, Law360, May 31, 2022
Chinese game copies ‘League of Legends’ characters, art, suit says, Daily Journal, May 10, 2022
Riot Games lawsuit says ByteDance unit ripped off 'League of Legends‘, Reuters, May 9, 2022
Zoom Meetings or Not, Epic Games Doesn’t Have an ‘Established Place of Business’ in Austin, Texas Lawyer, Mar. 23, 2022
Fortnite Maker Gets Patent Suit Nixed in WDTX, Law360, Mar. 23, 2022
Thaler Loses AI-Authorship Fight at U.S. Copyright Office, IPWatchdog, Feb. 23, 2022
Power Lawyers 2021: New York’s Top 20 Entertainment Attorneys, Hollywood Reporter, Dec. 3, 2021
USPTO Sanctions Spark Demand for Tough Line on Filing Farms, Managing IP, Sept. 27, 2021
Litigator of the Week Runners-Up and Shout Outs: Summer Is Here Edition, American Lawyer, June 25, 2021
Pride month: why intersectionality is key for LGBTQ lawyers, Managing IP, June 22, 2021
Live Chat Co. Wins $30M In Jury Trial Over Trade Secrets Theft, Law360, June 17, 2021
$85M In Punitive Damages Sought In Live Chat IP Jury Trial, Law360, June 15, 2021
Joshua Simmons ’10: An Intellectual Property Superhero, Columbia Law News, June 14, 2021
IP Forecast: Customer Service Secrets Row Heads To Jury, Law360, May 20, 2021
Law360’s 2021 Media & Entertainment Editorial Board, Law360, Apr. 28, 2021
ROSS Can't Toss Suit That Claims It Stole Westlaw Content, Law360, Mar. 29, 2021
Westlaw Wants Monopoly Claims Booted From ROSS IP Fight, Law360, Mar. 26, 2021
TriZetto Says $855M Win In Trade Secrets Case Should Stand, Law360, Jan. 6, 2021
Encore! Encore! Here are the 2020 Litigators of the Week, Am. Lawyer, Dec. 23, 2020
Syntel Hit With $855M Trade Secrets Verdict In Software Row, Law360, Oct. 28, 2020
Google v. Oracle at the Supreme Court: Copyrightability, Fair Use, and Standard of Review, CPIP, Oct. 15, 2020
Justices Wary Of 'Sky Falling' In Google-Oracle Software Case, Law360, Oct. 7, 2020
The Google-Oracle Copyright War, Explained, Law360, Oct. 6, 2020
Thomson Reuters Pans Legal Startup's Bid To Ax IP Suit, Law360, Aug. 11, 2020
Google, Oracle Spar Over 7th Amendment At High Court, Law360, Aug. 7, 2020
Fortnite Game Developer Doesn’t Miss A Beat in “Running Man” Dance IP, Lawyers.com, July 22, 2020
Litigators of the Week: Kirkland Trio Dances Off With a Win in Video Game Copyright Suits, American Lawyer, June 5, 2020
Law360's Weekly Verdict: Legal Lions & Lambs, Law360, June 4, 2020
Fortnite Creator Beats 'Running Man' Dance IP Suit, Law360, May 29, 2020
The Rights To Your Own Body, Lawyers.com, May 8, 2020
Thomson Reuters Claims Legal Startup Stole Westlaw Content, Law360, May 6, 2020
Kirkland Wins Copyright Tiff Over NBA Player Tats, N.Y.L.J., Mar. 27, 2020
NBA 2K Beats Copyright Case Over LeBron's Tattoos, Law360, Mar. 26, 2020
Motorola Lands $764M Judgment But Injunction Still In The Air, Law360, Mar. 6, 2020
Motorola Rival Could See Global Ban After $764M Radio Trial, Law360, Feb. 21, 2020
Law360's Weekly Verdict: Legal Lions & Lambs, Law360, Feb. 20, 2020
Oracle Backed By 32 Amicus Briefs In Google Copyright War, Law360, Feb. 19, 2020
Motorola Wins $764M In Radio Trade Secret Trial, Law360, Feb. 12, 2020
Oracle Tells Justices Google Was 'Too Desperate To Innovate', Law360, Feb. 12, 2020
'Fortnite' Studio Sues Over Dance Infringement Threats, Law360, Dec. 9, 2019
Take-Two Wants WWE Game Tattoo IP Suit Paused, Law360, Nov. 21, 2019
Publishers Fight Audible's Bid To Nix Suit Over Text Captions, Law360, Sept. 23, 2019
Publishing Giants Sue Audible Over Text Captions, Law360, Aug. 23, 2019
Fortnite Creator Wants 'Running Man' Dance Suit Tossed, Law360, May 31, 2019
Grand Theft Auto Cheater Admits Infringement, Will Pay, Law360, Apr. 5, 2019
Battle erupts over rights to the stage version of 'To Kill a Mockingbird‘, Crain’s, Feb. 26, 2019
'Fortnite' Suit Dance Refused By Copyright Office, Law360, Feb. 14, 2019
'Fortnite' Hits Back In IP Suit: 'No One Can Own A Dance Step‘, Law360, Feb. 12, 2019
TVEyes, Fox News End Copyright Case With Settlement, Law360, Jan. 22, 2019
Oracle, Rimini Spar At High Court Over Copyright Costs, Law360, Jan. 14, 2019
Take-Two Sues After 'Red Dead' Threatened With TM Suit, Law360, Jan. 14, 2019
Feds OK’d To Argue In Oracle, Rimini Copyright Costs Row, Law360, Jan. 4, 2019
Alito Unrecuses Self From Oracle, Rimini Copyright Costs Row, Law360, Jan. 3, 2018
Ruling on dental photographs takes a bite out of copyright protections, ABA Journal, Dec. 2018
Fox News Tells Supreme Court to Reject TVEyes Petition, The Hollywood Reporter, Oct. 25, 2018
Take-Two Again Blasts IP Suit Over Tattoo In WWE Game, Law360, Oct. 24, 2018
Joshua Simmons Named “Rising Star” in Intellectual Property Law, Comic Book Legal Defense Fund, Sept. 4, 2018
ABA Urges High Court To Allow 'Speedier' Copyright Suits, Law360, Sept. 4, 2018
Google Vows Supreme Court Trip In Oracle Copyright Fight, Law360, Aug. 28, 2018
'Grand Theft Auto' Cheater Barred From Selling Cheats, Law360, Aug. 16, 2018
Rising Star: Kirkland’s Joshua Simmons, Law360, Aug. 15, 2018
Law360 Names Top Attorneys Under 40, Law360, July 29, 2018
WWE Wants Out Of Tattoo Artist's 'Vague' Copyright Suit, Law360, July 10, 2018
2nd Circ. Won't Rehear TVEyes Fair Use Case, Law360, May 15, 2018
Fed. Circ. Revives Oracle's Billion-Dollar Copyright Case Against Google, Law360, Mar. 27, 2018
We Asked 7 Lawyers to Untangle the Broadway Fight Over ‘To Kill a Mockingbird’, N.Y. Times, Mar. 23, 2018
Siding With Fox, 2nd Circ. Says TVEyes Is Not Fair Use, Law360, Feb. 27, 2018
NBA 2K Moves To Kill 'Troubling' Tattoo Copyright Suit, Law360, Aug. 10, 2017
Oracle Says Trial Judge 'Undermined' Google Copyright Case, Law360, Feb. 10, 2017
ABA-IPL Section Nominating Committee announces nominees for 2017-2018 ABA year, ABA-IPL eNews, December 2016
Episode 6A: Symposium – Viral Videos Panel, Fordham IPLJ Podcast, Oct. 25, 2016
IBM Sues Startup For Allegedly Stealing Software Code, Law360, Oct. 12, 2016
Fox News Doubles Down Against TVEyes in Fair Use Case, Law360, Sept. 2, 2016
Tattoo Co. Loses Some Damages Claims Over 'NBA 2K' Games, Law360, Aug. 2, 2016
Prof Urges 9th Circ. To Nix Ore. Immunity In Oracle IP Suit, Law360, July 19, 2016
TVEyes’ Service Is Unfair To Broadcasters, 2nd Circ. Told, Law360, June 28, 2016
CNN Says TVEyes More Like Meltwater Than Google Books, Law360, June 24, 2016
Media Giants Press 2nd Circ. To Shutter TVEyes, Law360, June 22, 2016
Fox News Says TVEyes Is 'Nothing Like Google Books,‘ Law360, June 17, 2016
'NBA 2K' Makers Say Tattoo Co. Not Entitled To Damages, Law360, May 31, 2016
'NBA 2K' Videogame Maker Fights Lawsuit Over Copyrighted Tattoos, The Hollywood Reporter, May 13, 2016
'NBA 2K' Makers Say In-Game Tattoos Predate IP Registration, Law360, Apr. 19, 2016
ITC Judge Spells Out 'Close' Converse Trademark Win, Law360, Dec. 21, 2015
Fox News, TVEyes Take Copyright Case to 2nd Circ., Law360, Dec. 1, 2015
Legal Department of the Year, Litigation: Oracle Corp., The Recorder, Nov. 11, 2015
TVEyes Judge Shuts Down Infringing Features, Law360, Nov. 9, 2015
Panelists Discuss Software Protection in Post-Alice, Post-Oracle World, IPO Daily News, Sept. 29, 2015
TVEyes Downloads Aren't Fair Use, Judge Says, Law360, Aug. 25, 2015
IPO Annual Meeting Addresses Patent and Copyright Protection for Software After Alice and Oracle, IPO Daily News, Aug. 18, 2015
High Court Won't Hear Google Appeal Over Oracle Copyrights, Law360, June 29, 2015
SG Tells High Court It Backs Oracle In IP Row With Google, Law360, May 26, 2015
#IPLSpring CLE Review: A Year in Review of Significant Social Media Related Cases, ABA-IPL Law Student Action Group, Apr, 24, 2015
UK Prosecution Spotlights Dangers For Manga Readers, Comic Book Legal Defense Fund, Oct. 29, 2014
Bath & Body, Summit Put A Stake In $300M 'Twilight' IP Row, Law360, Sept. 23, 2014
Fox News Hits TVEyes With Suit Over Copied Content, Law360, July 30, 2014
'Spider-Man' Producers End Copyright Battle With Taymor, Law360, Apr. 10, 2013
Oracle Court's Java Ruling Will Hurt Innovation: Microsoft, Law360, Feb. 20, 2013
Oracle Urges Fed. Circ. To Toss Google's Java Copyright Win, Law360, Feb. 12, 2013
2nd Circ. Affirms Toss Of 'Modern Family' Idea Theft Suit, Law360, Nov. 14, 2012
Julie Taymor, 'Spider-Man' Producers File Dueling Motions to Dismiss Lawsuits, The Hollywood Reporter, Mar. 22, 2012
Comic books, not law books, N.Y. Post, Mar. 22, 2012
'Spider-Man' Producers Strike Back At Ex-Director Taymor, Law360, Jan. 17, 2012
Don't Akanoc it if you… oh, never mind…, Likelihood of Confusion, Sept. 13, 2011
'Modern Family' Didn't Rip Off Writer's Pilot: Judge, Law360, July 18, 2011
California's Reader Privacy Act: A First Step in a New Direction, Tech. & Marketing L. Blog, May 2, 2011
Comics and Copyright, Entm't & Media L. Signal, Mar. 14, 2011
Supreme Court to Hear Case on Copyright vs. the First Amendment, Comic Book Legal Defense Fund, Mar. 14, 2011
US gov't data-laundering: using corporate databases to get around privacy..., Boing Boing, Jan. 25, 2010