Bar Admissions

  • Virginia
  • District of Columbia

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. District Court for the District of Columbia

Education

  • J.D., cum laude, George Mason University School of Law, 2011
  • B.M., with High Honors, University of Texas, 2001

Judicial Clerkships

  • Honorable Leonie M. Brinkema, U.S. District Court for the Eastern District of Virginia
  • Honorable John F. Anderson, Magistrate Judge, U.S. District Court for the Eastern District of Virginia

Memberships

  • American Bar Association

    Virginia State Bar

    Federal Bar Association

    Fairfax Bar Association

    American Intellectual Property Law Association (AIPLA)

T +1 202.344.4337
F +1 202.344.8300
 

Joshua Counts Cumby

Associate

Joshua Cumby is an associate in the Intellectual Property Litigation Group, advising clients on a wide variety of intellectual property and commercial matters, including patents, trademarks, copyrights, trade secrets, advertising, and brand protection. Joshua briefs and argues dispositive motions, including motions to dismiss and for summary judgment, as well as non-dispositive pre-trial and discovery motions. Joshua is also actively involved in discovery matters, including written discovery and depositions, and has experience preparing for and participating in trial, including witness examination. Joshua also has experience briefing and arguing appeals.

Joshua maintains an active pro bono practice, including representation of an Alabama death-row inmate in state post-conviction proceedings; representation of taxpayers in a suit challenging the use of public money to fund active houses of worship under the Massachusetts constitution; and co-authorship of amicus briefs in the U.S. Supreme Court.

Before joining Venable, Joshua served as a law clerk to the Honorable Leonie M. Brinkema and the Honorable John F. Anderson of the U.S. District Court for the Eastern District of Virginia, one of the fastest trial courts in the nation. Joshua also served as a visiting assistant professor at George Mason University School of Law (now the Antonin Scalia Law School), where he continues to serve as an adjunct professor, teaching courses in federal courts and scholarly legal writing.

Representative Matters

Joshua's recent experience includes:
  • Briefing and arguing cross-motions for summary judgment in a suit brought under the Administrative Procedure Act challenging the U.S. Patent and Trademark Office’s denial of a patent term extension application by a pharmaceutical company (E.D. Va. 2015)
  • Defending false advertising, unfair competition, and trademark infringement claims on behalf of a pharmaceutical company, including successfully defending against a motion for a preliminary injunction and successfully moving to dismiss false advertising and unfair competition claims (N.D. Ga. 2016-17)
  • Successfully moving to dismiss a pharmaceutical company from false advertising litigation (W.D. Va. 2015)
  • Pursuing trademark infringement claims on behalf of an international network of educational institutions (N.D. Ga. 2015-17)
  • Defending patent infringement claims on behalf of an energy systems company (M.D. Fl. 2014-16; S.D. Tex. 2015-16)
  • Defending patent infringement claims on behalf of a shipping company (D.P.R. 2015)
  • Pursuing trademark and copyright infringement claims on behalf of an online people finder and public records company (S.D. Fl. 2014-15; S.D. Cal. 2014-15)
  • Defending patent infringement claims on behalf of media and entertainment companies (D. Minn. 2014-15)
  • Pursuing claims relating to the misappropriation of church funds on behalf of church members in both trial and appellate courts (D.C. 2014-17)
  • Pursuing a challenge under the Massachusetts constitution to public funding of active houses of worship on behalf of taxpayers in trial and appellate courts (Mass. 2016-17)
  • Co-authorship of a Supreme Court amicus brief in Impression Products, Inc. v. Lexmark Int’l, Inc., No. 15-1189 (2017)
  • Co-authorship of a Supreme Court amicus brief in ePlus, Inc. v. Lawson Software, Inc., No. 15-639 (2015)

Activities

In addition to his service as an adjunct professor, Joshua is a Senior Editor on the Journal of Legal Metrics, one of the "bundle" of small journals that make up the Journal of Law, a periodical laboratory of legal scholarship.

A classically trained pianist, Joshua enjoys playing and composing music, singing with the chamber choir Carmina, and volunteering as a church musician.