Milowic III, Joseph

Joseph Milowic III

Partner

  Biography

Joe is a partner in the New York Office of Quinn Emanuel Urquhart & Sullivan, LLP.  He focuses on patent litigation before the federal courts and the ITC.  

Joe was recently selected by the Federal Circuit Bar Association as a Global Fellow in recognition of his “commitment to leadership and cooperation in the global legal community.”  

In 2013 and 2014, Joe was selected as a New York Metro Rising Star, an honor featured in the New York Times Magazine.  Joe has now been selected by his peers as a Rising Star in IP litigation five times.  

Over the past decade, Joe has litigated, prosecuted, and opined on matters involving a wide range of technologies, including medical devices, chemicals, pharmaceuticals, biotech, semiconductor manufacturing and processing, DRAM and flash memory, digital signal processing, 802.11 (WiFi) and 3GPP wireless technologies, software, and consumer products, including HDTVs, smartphones, and tablets.  In addition to patent litigation, Joe has also litigated in the areas of trade secrets, antitrust and contracts.

  Representative Clients

  • Samsung
  • Marvell
  • Salesforce.com

  Notable Representations

  • Representing 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.
  • Representing 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.
  • Represented 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.  
  • Represented 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.  
  • Represented 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.
  • Represented 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.
  • Represented 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.
  • Represented 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.
  • Represented 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.
  • Represented 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.
  • Represented 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.
  • Represented 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.
  • Represented 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.
  • Represented 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.
  • Represented 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.
  • Represented 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.
  • Represented 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.
  • Represented 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.
  • Represented 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

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

  Education

  • 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
    (1994-1995)

  Admissions

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: 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

  Awards

  • Named a “New York Metro Rising Star” by Super Lawyers Magazine in 2011, 2013, and 2014
  • Selected as a “Global Fellow” by the Federal Circuit Bar Association
  • 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
  • International Trade Commission Trial Lawyers Association (ITC TLA)
  • Founder of Rutgers School of Law-Camden Group on LinkedIn
  • Founder of Biosimilars (Follow-on Biologics) Group on LinkedIn