Joshua R. Rich is an intellectual property trial lawyer and a partner with McDonnell Boehnen Hulbert & Berghoff LLP. He serves as MBHB’s General Counsel and Chair of MBHB’s Trade Secrets Practice Group.
In over 20 years of trying intellectual property cases and counseling clients, Mr. Rich has built broad experience in dealing with complex and difficult issues. He has successfully litigated in Federal and state trial and appellate courts throughout the United States, in cases involving patent, trade secret, trademark, copyright, and other commercial issues. He has also represented clients before the United States Patent and Trademark Office in inter partes review, reexamination, and interference proceedings, as well as in arbitrations around the world. But his experience is not limited to adversarial proceedings; Mr. Rich has worked closely with clients to avoid litigation when appropriate.
While Mr. Rich has represented clients primarily in the pharmaceutical, biotechnology, and medical device fields, his experience has also included such other diverse technologies as telecommunications, computer code, and graphical user interfaces. He is accomplished in all facets of trial and appellate litigation, ranging from pretrial seizures and preliminary injunction proceedings to bench and jury trials, appeals, and certiorari petitions. He works closely with clients to find the best solutions to intellectual property disputes.
J.D., University of Virginia School of Law,
Virginia Journal of International Law, Research and Projects Editor
B.S., University of Maryland,
Biochemistry, Cum Laude
B.A., University of Maryland,
Government and Politics, Cum Laude
U.S. Patent & Trademark Office
Illinois Super Lawyers, Intellectual Property Litigation
Law Clerk for the Honorable David A. Baker, U.S. Magistrate Judge in the U.S. District Court for the Middle District of Florida
Obtaining institution of inter partes review petitions, leading to favorable settlements
Obtaining summary judgment of patent noninfringement and invalidity for a major medical device manufacturer
Coordinating an international arbitration for a major pharmaceutical company in a patent license dispute, leading to a multimillion dollar award for the client
Obtaining summary judgment of patent infringement for a major pharmaceutical company, leading to a favorable settlement
Obtaining a preliminary injunction in a patent infringement case for a major animal diagnostic device manufacturer, leading to withdrawal of a competing product from the market
Securing denial of a motion for preliminary injunction for a major pharmaceutical company in a drug patent infringement case based on a finding of “little or no likelihood of success on the merits” due to invalidity, leading to a settlement in which the plaintiff paid Mr. Rich’s client
Representing several major pharmaceutical companies in ANDA litigation through trial, leading to favorable settlements
Defending several major diagnostics companies in patent infringement litigation, leading to favorable settlements with immediate access to the market
Prevailing in interference proceedings for a plastics company, securing critical patent rights for its products
Prevailing in motions relating to attorney-client privilege for a plastics company, establishing important legal principles and leading to favorable settlements in patent infringement litigation
Authoring amicus curiae briefs in landmark patent, trademark, copyright, and other cases in U.S. Courts of Appeals and the U.S. Supreme Court