Joshua I. Rothman

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jrothman@Venable.com

New York, NY

T +1 212.218.2275

Josh Rothman is a seasoned litigator who draws on his biomedical engineering education and his biotech laboratory experience to creatively solve the tough intellectual property (IP) issues faced by pharmaceutical, biotechnology, and medical device companies. Josh litigates complex patent and trade secret cases in the life sciences arena for both the patentee and accused infringer. He also counsels clients on mergers and acquisitions (M&A) due diligence, licensing, and other transactional matters. He has significant experience litigating Hatch-Waxman cases, from pre-lawsuit through appeal, involving blockbuster drugs, such as Prilosec®, Accupril®, Imitrex®, Benicar®, and Sensipar®.

Josh’s broad technical background enables him to identify the critical facts and creatively address issues in cases involving patents covering chemical compounds, polymorphs, enantiomers, salt and solvate forms, solid and sterile formulations, and methods of use and treatment.

Related Practices

Related Industries

Experience

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Representative Matters

Represented Bristol-Myers Squibb in Lek v. Bristol-Myers Squibb and Watson Laboratories (lipid-lowering pharmaceuticals)
Represented GlaxoSmithKline in In Re 845 Patent Litigation, GlaxoSmithKline v. Dr. Reddy's, GlaxoSmithKline v. Cobalt Pharmaceuticals and GlaxoSmithKline v. Spectrum Pharmaceuticals (anti-migraine pharmaceuticals)
Represented Warner-Lambert in Warner-Lambert Company v. Teva Pharmaceuticals (ACE inhibitor pharmaceuticals)
Represented AstraZeneca in In Re Omeprazole Patent Litigation, AstraZeneca vs. Andrx, AstraZeneca v. GenPharm, AstraZeneca v. Dr. Reddy's, and AstraZeneca v. Kremer Urban Development Company (proton pump inhibitor pharmaceuticals)
Represented Brigham and Women's Hospital, and Amgen Inc., in Brigham and Women's Hospital, et al. v. Barr and Teva (calcium receptor modulating pharmaceuticals)

Representative Clients

Amgen
Bristol-Myers Squibb
Brigham and Women's Hospital
Canon
GlaxoSmithKline
Sanofi
Warner-Lambert

Insights

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Thought Leadership

Credentials

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Education

J.D. Brooklyn Law School 1998
M.S. Biomedical Engineering Rensselaer Polytechnic Institute 1994
B.S. Inter-disciplinary Engineering University of Michigan 1993

Bar Admissions

New York

Court Admissions

U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. Court of Appeals for the Federal Circuit
U.S. Supreme Court 2011

Recognition

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Federal Circuit Bar Association
- Recognized twice for his personal leadership and commitment in the Association’s Pro Bono, Veterans, and Personnel Pro Bono programs
- Certificate of Appreciation (Awarded for devoted and invaluable services)
Legal Aid Society, Outstanding Pro Bono Service
Super Lawyers, Top Intellectual Property Litigator, New York Metro, 2015 – 2018

Community

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Pro Bono

Active in the firm's pro bono practice and has helped clients obtain Section 8 housing, U-visas, and disability benefits