New York City, New York 10154
United States
Joshua H. Harris is an associate in Loeb & Loeb's New York office where he maintains a patent practice with a particular focus on pharmaceutical patent litigation and counseling. Based on his biophysics degree, Mr. Harris often represents pharmaceutical and medical device companies.
Mr. Harris has litigated substantial matters for clients such as Genentech, Inc., Hoffmann-La Roche Inc., and W. L. Gore & Associates, Inc., as well as mid-sized pharmaceutical companies and solo inventors. In connection with such matters, Mr. Harris has successfully obtained resolutions by way of summary judgment, settlement following claim construction briefing, preliminary injunction, and has successfully argued a variety of motions in United States District Court.
Mr. Harris has successfully represented brand pharmaceutical companies in Hatch-Waxman cases dealing with issues including infringement, validity, and enforceability of patents directed to compounds, compositions, and methods of use. Representative cases that Mr. Harris has litigated include:
Hoffmann-La Roche Inc. and Genentech, Inc. v. Apotex Inc. et al. (D. N.J.); Representation of Hoffmann-La Roche Inc. and Genentech, Inc. in pending Hatch-Waxman cases in the District of New Jersey involving Boniva®.
Warner Chilcott Co., LLC et al. v. Teva Pharms. USA, Inc. et al. (D. Del); Representation of Hoffmann-La Roche Inc. in pending Hatch-Waxman cases in the District of Delaware involving Actonel®.
Unigene and Upsher-Smith v. Apotex (S.D.N.Y.); Represented Unigene (patent holder) and Upsher-Smith (licensee) in Hatch-Waxman litigation relating to Fortical®.
Samuels v. Boston Scientific, (E.D. Tex.); Represented Dr. Shaun Samuels in case involving patent infringement and theft of trade secrets involving endovascular stents.
In addition, Mr. Harris has significant experience preparing patent validity, freedom-to-operate, and non-infringement opinions. Mr. Harris represents companies, investors, and underwriters in conducting due-diligence analyses for complex commercial transactions such as initial public offerings and follow-on offerings for biotech and pharmaceutical companies. Mr. Harris represents clients in connection with licensing, technology transfer, product development and world-wide commercialization transactions. Mr. Harris counsels clients on technologies relating to pharmaceuticals, medical devices, cancer diagnostics and therapies, wound healing compositions and devices, proteins, polymers, and enzymes.
Mr. Harris is a registered patent attorney with experience handling matters before the United States Patent and Trademark Office and has experience preparing and prosecuting patents in the pharmaceutical, medical device, and diagnostic fields. Mr. Harris counsels clients on patent procurement strategy and portfolio management, as well as supervising foreign patent prosecution. Mr. Harris develops intellectual property strategies and prosecutes patent applications with a focus on protecting his clients’ interests and maximizing each client’s value and commercial success. His prosecution and due diligence engagements help clients reduce intellectual property risks, identify opportunities to shore up patent portfolios, and raise capital to further develop groundbreaking technologies.
Areas of Practice | 1) Patent Litigation and Counseling and 2) Life Sciences Patent Litigation and Counseling |
Law School | Benjamin N. Cardozo School of Law (J.D., 2004) |
Education | Brown University (B.S., 2001) |
Bar Member / Association | New Jersey State Bar Association, New York State Bar Association |
Most recent firm | Loeb & Loeb LLP |
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Ms. Fitzgerald represents employers in a wide range of industries, including the entertainment, financial services, hospitality, manufacturing, retail, and transportation industries.