Josh Weinger is a partner in the firm’s Litigation Department and is a member of its Intellectual Property group. Joshua focuses his practice on patent matters, with a concentration in the areas of biotechnology and pharmaceuticals. Joshua is a contributor to the firm’s Big Molecule Watch, an award-winning blog that reports real-time analysis and updates on regulatory issues, litigation, legislation and other news in the developing world of biosimilars. Joshua holds a PhD in molecular biophysics and biochemistry.
Some of Joshua's recent representation include:
- In re Bendamustine Consolidated Cases: Representing Cephalon, Inc. in patent litigation against 18 defendants involving Cephalon’s branded cancer drug, Treanda®. The U.S. District Court for the District of Delaware issued a final decision in favor of Cephalon, upholding the validity and finding infringement of all patents-in-suit following a bench trial
- Genentech et al. v. Celltrion et al. (D. Del.), representing Celltrion/Teva in suit under the Biologics Price Competition and Innovation Act (BPCIA) related to biosimilar of Herceptin
- Genentech et al. v. Celltrion et al. (D. N.J.), representing Celltrion/Teva in suit under the BPCIA related to biosimilar of Rituxan
- In re: Copaxone 775 Patent Litigation (D. Del.): Representing Teva in patent infringement litigation against multiple generic defendants involving patents directed to a process for manufacturing glatiramer acetate (Copaxone®)
- In Re: Application Of Celltrion, Inc. for an Order Permitting Issuance of Subpoenas to Take Discovery for Use in Foreign Proceedings (D. Mass, N.D. Cal): Representing Celltrion in litigation seeking discovery in the United States for use in patent proceedings in Europe related to biosimilar of Rituxan
- In re: Copaxone 40mg Consolidated Cases (D. Del.): Representing Teva in a patent infringement litigation against five generic manufacturers involving patents directed to the treatment of multiple sclerosis with a novel dosing regimen for the drug glatiramer acetate
- Adverio Pharma Gmbh et al. v. MSN Laboratories Private Ltd. (D. Del.), representing MSN Laboratories in Hatch-Waxman litigation regarding the pulmonary hypertension drug riociguat
- In the Matter of Certain Pre-Filled Syringes for Intravitreal Injection (I.T.C.), representing Novartis in action before the International Trade Commission against Regeneron Pharmaceuticals involving a patent directed to pre-filled syringes for ophthalmic injection of VEGF-antagonist drugs
- Regeneron Pharmaceuticals, Inc. v. Novartis Pharma AG, et al. (P.T.A.B.), representing Novartis in IPR proceedings regarding a patent directed to pre-filled syringes for ophthalmic injection of VEGF-antagonist drugs. The Patent Trial and Appeal Board denied institution of the IPR
In 2018, Joshua completed a six-month rotation as a Special Assistant District Attorney in the Middlesex County District Attorney’s Office in Woburn, Massachusetts. During this time, he prosecuted over 200 misdemeanor and felony cases, tried more than 10 jury and bench trials, and argued dozens of dispositive and evidentiary motions.
Joshua is experienced in all phases of patent litigation, including pre-suit patent analysis, fact and expert discovery, motion practice, summary judgment, trials, and post-trial briefing. Joshua is also experienced in proceedings before the Patent Trial and Appeal Board (PTAB), including inter partes review and post grant review proceedings.
Prior to law school, Joshua was a postdoctoral fellow at The Rockefeller University in the Laboratory of Chemistry and Cell Biology. During law school he worked as an intern at the U.S. Attorney’s Office for the District of Massachusetts.
Yale Law School
PhDMolecular Biophysics and Biochemistry2006
BABiology and Biochemistry2000
- U.S. Patent and Trademark Office (USPTO)
Recognition & Awards
While attending law school, Joshua was the lead submissions editor for the Yale Journal of Law and Technology, a fellow in the Yale Information Society Project, and a Knight Law and Media Scholar.
Prior to law school, Joshua was a National Science Foundation Graduate Research Fellow and received a Ruth L. Kirschstein National Research Service Award from the National Institutes of Health.
Joshua is the author of numerous articles in peer-reviewed journals including Nature, Nature Structural and Molecular Biology, The Journal of the American Chemical Society, and The Journal of Cell Biology. He is also a contributor to Guide to Biosimilars Litigation and Regulation in the U.S., 2019-2020 ed., published by Thomson Reuters, in November 2019. Joshua is also a contributor to Guide to Biosimilars Litigation and Regulation in the U.S., 2022-2023 ed., published by Thomson Reuters, in December 2022.
Josh’s recent speaking engagements include:
- Speaker, “International Trade Commission exclusion orders, a primer,” Federal Bar Association's Injunctions and Exclusion Orders in IP Cases, May 10, 2023