Joseph Loy is a partner in the Kirkland & Ellis intellectual property litigation practice, focusing on patent, copyright, trademark and trade secret disputes before federal trial and appellate courts. He has represented clients in technologies such as medical devices, pharmaceuticals, biotechnology, wireless telecommunications, petrochemicals, oil drilling, smart phones, tablet computers and computer software.
Joseph defended K12 Inc., a leading producer of educational software, in a multi-patent infringement suit brought by IpLearn. The December 2014 ruling by a federal judge in Delaware followed the U.S. Supreme Court's "Alice ruling," which tightened requirements for software patents. In finding against IpLearn, the judge said the IpLearn's patent related to an "abstract idea" that could not be protected.
Joseph also defended TIBCO Software Inc. in another patent infringement case, this one related to business intelligence and database software, against Vasudevan Software, Inc. He was successful in district court and on the appeal.
He credits his involvement in Arendi S.A.R.L v. Microsoft Corp., in which he ran day-to-day operations and managed a team of lawyers in a case that ran from 2008 to 2012, for his expertise in these patent cases. The multi-patent infringement case was settled in favor of Arendi.
"Framing [scientific] issues and focusing on telling a cohesive narrative at trial often yields satisfying results for our clients before we even reach a jury."
Pro Bono / Civic Activity
Joseph has successfully represented more than 30 asylum seekers before the U.S. Department of Homeland Security and in immigration court. Joseph has served as special assistant district attorney for the Brooklyn District Attorney's Office and a special assistant corporation counsel for the New York City Law Department. He has coached several 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.
Kirkland & Ellis, partner, 2010-present, associate, 2008-2010; law clerk, Eastern District Judge Kiyo A. Matsumoto; Kirkland & Ellis, associate, 2004-2007; volunteer, U.S. Peace Corps, 1997-1999
J.D., New York University School of Law, 2004; M.P.A., Columbia University, 2002; B.S., University of Oklahoma, 1997
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