Milowic III, Joseph

Joseph Milowic III



Joseph Milowic III has extensive experience litigating intellectual property matters, including patent,  trade secret, antitrust and unfair competition cases, before the federal courts and ITC.  Mr. Milowic regularly leads teams of extremely talented attorneys in high stakes litigations, and his teams consistently deliver exceptional results within budget.  He is also regularly called upon to join cases approaching trial—with five trials in the past three years.  Mr. Milowic also works on IP appellate matters.  Mr. Milowic has been recognized as a Rising Star in IP litigation six times, including in 2015.  He was also recently selected as a Global Fellow by the Federal Circuit Bar Association in recognition of his “commitment to leadership and cooperation in the global legal community.”  He was also recognized as one of the “Top Accused Infringers Lawyers in District Court Cases in 2014” in the Docket Navigator Year in Review.

Over the past decade, Mr. Milowic has litigated, prosecuted, and opined on matters involving a wide range of technologies, including

  • nanotech, fiber optics, semiconductors and semiconductor processing
  • digital signal processing, error correction (turbo codes, LDPC codes, convolutional codes)
  • medical devices (glucose monitor test strips, gel electrophoresis, brachytherapy seeds)
  • chemicals, biologics, and pharmaceuticals (Hatch Waxman, ANDA cases, antidepressants)
  • memory and storage (DRAM, flash memory, hard disk drives, CDs)
  • wireless technologies (802.11 (wi-fi), 3G, 4G LTE, RFID, NFC)
  • software and consumer products (HDTVs, smartphones, tablets)

  Representative Clients

  • Alcatel-Lucent USA, Inc.
  • The California Institute of Technology
  • Google Inc.
  • HTC Corporation
  • Marvell Semiconductor, Inc.
  • SK hynix Inc.
  •, Inc.
  • Samsung Electronics Co., Ltd.
  • Sony Corporation

  Notable Representations

  • Representation of Marvell Semiconductor, Inc. in a patent suit brought by France Telecom in the Southern District of New York asserting a patent purporting to cover turbo-coding.  The accused products are chips capable of communicating with 3G cellular telephone networks.  Successfully moved to transfer the case to the Northern District of California.  Prevailed on claim construction and in winning partial summary judgment that eliminated 80% of sales from the damages calculation.  After a trial in September 2014, successfully obtained a favorable damages verdict more than five times less than what plaintiff sought and successfully obtained a defense judgment of no direct infringement. 
  • Representation of Alcatel-Lucent USA Inc. in a patent infringement action brought by Acacia Research Corporation subsidiary Labyrinth Optical Technologies, LLC in the Central District of California.  The case relates to fiber optic technologies for light-speed data transmission. 
  • Representation of Marvell Semiconductor, Inc. and Marvell International Ltd. in multiple patent infringement actions against NXP B.V. and NXP Semiconductors USA, Inc. involving technologies including near field communications (NFC).
  • Representation of a technology company with an extensive global patent portfolio in licensing discussions with its competitor. 
  • Representation of Marvell Technology Group, Ltd. and Marvell Semiconductor, Inc. on appeal of a judgment entered in favor of Carnegie Mellon University in a patent infringement dispute.
  • Representation of Samsung in a seven patent case filed by the Rockstar Consortium in the Eastern District of Texas before Judge Rodney Gilstrap.  The patents relate to unified messaging, GUI navigation, call tracing, EMI shielding, and VPN network management.
  • Representation of defendants Google, Samsung, and HTC in a patent case brought by Gemalto S.A. in the Eastern District of Texas (Tyler) involving three patents directed to virtual machines and code compilers.   In April 2013, subsequent to prevailing on nearly every issue at claim construction, our team won a motion for summary judgment of non-infringement.  The judgment was affirmed on appeal.  
  • Representation of Samsung in a patent case filed by Micrografx, LLC in the Northern District of Texas before Judge David C. Godbey.  Won a motion to disqualify opposing counsel, Matt Powers and the Tensegrity Law Group.  
  • Representation of Samsung in its global intellectual property disputes against Apple, including recent trials in the ITC and the Northern District of California involving patents directed to smartphones and tablets.  Conducted direct examination of key Samsung fact witness at trial. 
  • Representation of Sony Corporation against Vizio, AmTRAN, Chimei Innolux, LG Electronics, and Westinghouse in multiple lawsuits as part of Sony’s patent enforcement program, involving various patents related to interactive television, chrominance signal processing and voltage regulator technologies.  Obtained a successful settlement for Sony as the plaintiff.
  • Representation of defendant Hynix Semiconductor in a patent case brought by plaintiff Intellectual Ventures in the District of Delaware involving seven patents directed to pipelined memory chip design, latch timing circuitry, metal interconnects, multi-level memory cells, and single-chip memory device/controller.  After Intellectual Ventures dismissed one of the patents in suit, the case settled.
  • Representation of a Tunisian software vendor in a trade secret misappropriation action in the Eastern District of Pennsylvania.  Successfully recovered a favorable settlement from a major financial asset management firm.
  • Representation of defendant Johnson and Johnson Vision Care (Vistakon) in a patent infringement case brought by Vision Advancement, LLC in the Eastern District of Texas (Marshall) involving patents directed to bifocal contact lenses; team succeeded in obtaining favorable settlement for Vistakon.
  • Representation of Stiefel Laboratories/Connetics Corp. in Hatch Waxman patent litigation against Pentech Pharmaceuticals in the Northern District of Illinois arising out of Pentech’s submission of an ANDA referencing Connetics’ branded product LUXIQ® Foam. 
  • Representation of Wockhardt Pharmaceuticals in Hatch Waxman patent litigation against Wyeth in the Central District of California arising out of Wockhardt’s submission of an ANDA referencing Wyeth’s branded product EFFEXOR XR® (venlafaxine HCl).  Identified inequitable conduct counterclaim and defeated Wyeth’s motion to dismiss same.
  • Representation of defendants Google and Yahoo! in a patent case brought by NTP in the Eastern District of Virginia (Richmond) involving eight patents directed to email communication systems utilizing RF wireless connections. 
  • Representation of defendant Samsung in a patent infringement case brought by plaintiff Ring Technology in the Eastern District of Texas (Marshall) involving a patent related to improved memory access using shift registers.
  • Representation of defendants Sony and Marvell in patent case brought by plaintiff Wi-LAN in the Eastern District of Texas (Marshall) involving patents related to wireless technologies.
  • Representation of defendant Sony Electronics Inc. and Sony Computer Entertainment America Inc. in a patent infringement case brought by plaintiff Bandspeed in Western District of Texas (Austin) involving patents related to adaptive frequency hopping and asserted against Bluetooth-compliant products, including the Sony PlayStation 3. 
  • Representation of defendant Microsoft at trial and on appeal in a patent infringement case brought by AT&T, in which the Supreme Court clarified the extraterritorial limitations of the patent laws and ruled in favor of Microsoft.
  • Representation of Fisher-Price in a patent infringement case brought in the Central District of California involving patent directed to a toy water gun.  After prevailing on motion to dismiss claims of indirect infringement, case settled favorably for Fisher-Price.
  • Representation of Ohio Art in a patent infringement case brought by Larami in the District of New Jersey involving patents directed to toy water guns.  Team defeated motion for preliminary injunction against Ohio Art’s ARM water gun.
  • Representation of plaintiff LifeScan against Roche Diagnostics in a patent infringement case in the Northern District of California involving patents directed to glucose monitor test strips.

  Practice Areas

  • Intellectual Property Litigation
  • Life Sciences Litigation
  • International Trade Commission Proceedings
  • Antitrust & Competition
  • International Arbitration
  • Patent Litigation
  • Trade Secret Litigation


  • Rutgers School of Law
    (J.D., Valedictorian, 2001)

  • Rutgers College of Engineering
    (B.S., Chemical Engineering, Biochemical Option, high honors, 1998) 

  • University of Virginia, School of Applied Science and Engineering


The State Bar of New York; The State Bar of New Jersey; The Bar of the Commonwealth of Pennsylvania; United States Court of Appeals: Federal Circuit; United States District Courts: Southern District of New York, District of New Jersey, Eastern District of Pennsylvania; Registered to Practice Before the United States Patent and Trademark Office

  Prior Associations

  • Woodcock Washburn LLP (Philadelphia, PA):
    • Associate, patent prosecution and litigation, 2001-2007


  • Selected as a “Global Fellow” by the Federal Circuit Bar Association
  • Named a “New York Metro Rising Star” by Super Lawyers Magazine in 2011, 2013, and 2014
  • Named a “Rising Star” by Law & Politics Magazine in 2006 and 2007
  • Paul Ireton Award recipient
  • Edward J. Bloustein Scholar
  • New Jersey State Bar Association Scholar
  • Deans Merit Scholar

Publications and Lectures

  • “Wearable Computing – The Next Front In The Smartphone Wars?,” Quinn Emanuel Urquhart & Sullivan, LLP’s Business Litigation Report (December 2013)
  • Ed DeFranco and Joseph Milowic III, How To Work With Large Patent Defense Groups On Important Strategic Issues” (Presentation and Article for AIPLA, October 2011)
  • Joseph Milowic III and Gary Levin, “Opinion-of-Counsel Defense to Inducement,” published by IPLaw360 (2006) and Tech LawForum, High Tech Law Institute (2007)
  • David R. Bailey and Joseph Milowic III, “The Application of U.S. Patent Law to International Operations,” (Aug. 25, 2004) (Presentation at American Chemical Society, Philadelphia Meeting)
  • Paul B. Milcetic and Joseph Milowic III, “Avoiding Infringement of United States Patents Through Foreign Acts,” (Woodcock Washburn Patent Law Perspectives, 2004) 

Professional Activities

  • Federal Circuit Bar Association – Member of Global Series Committee
  • International Trade Commission Trial Lawyers Association
  • Founder of Rutgers School of Law-Camden and Biologics and Biosimilars groups on LinkedIn