Josh Gordon has represented both individuals and corporations in a variety of intellectual property and other commercial disputes. His practice spans various industries, including media & entertainment, technology and life sciences. He has experience in both state and federal court, as well as in mediations, arbitrations and before a federal administrative commission. Josh and his colleagues have secured key rulings on motion practice and appellate review, arbitration victories, multimillion-dollar settlements and the release of all claims against their clients prior to and after trial.
In addition to his practice, Josh is actively involved in the firm's Hiring and Mentoring Committees and has served as co-chair of the firm’s Summer Committee for four of the past five years.
To support opportunities for youth in Los Angeles, Josh is a member of the Los Angeles Dodgers Foundation RBI (Reviving Baseball in Inner Cities) Advisory Committee and has provided pro bono representation to the Alliance for Children’s Rights and through Kids in Need of Defense (KIND).
Josh served as a judicial extern to the Hon. Candace Cooper of the California Court of Appeal for the Second District.
Prior to law school, Josh held management positions in entrepreneurial ventures in the professional sports and e-commerce industries.
- Represented Warner Bros. in a well-publicized class action alleging that participants received improper royalty payments on the exploitation of motion pictures in home video formats. In writ proceedings that resulted in a published opinion, Josh and his colleagues convinced a three-justice panel of the California Court of Appeal for the Second District to order a complete dismissal of all claims against Warner Bros.
- Represented noted philanthropist Mick Ebeling and Not Impossible Labs in a federal court action concerning the Studio Lambert and BBC television program, The Big Life Fix. The action resolved to the satisfaction of all parties.
- Represented Genentech and Biogen in multiple federal court actions filed under the Biologics Price Competition and Innovation Act (BPCIA) related to applicants’ proposed biosimilar versions of Rituxan®.
- Ariosa Diagnostics, Inc. v. Sequenom, Inc. Represented Ariosa Diagnostics in well-publicized proceedings in which a Federal Circuit panel affirmed the district court’s summary judgment order invalidating Sequenom’s patent for failing to claim patent-eligible subject matter. The Federal Circuit subsequently declined to rehear that decision en banc and the U.S. Supreme Court denied Sequenom’s petition for review.
- PDL BioPharma v. Merck. Represented PDL BioPharma in patent litigation against Merck alleging that Merck’s manufacture of its cancer drug Keytruda infringed a foundational patent relating to the humanization of recombinant antibodies. The case settled little more than one year after it was filed, following the claim construction hearing, with Merck making a $19.5 million lump sum payment to PDL.
- QED Holdings, LLC v. QED International, LLC and William H. Block, et al. Represented QED Holdings LLC, an independent film company, in trademark, contract and tort proceedings, both in federal court and arbitration. The proceedings resolved to the satisfaction of all parties.
- Verinata Health, Inc. and Illumina, Inc. v. Ariosa Diagnostics. Represented Ariosa Diagnostics in three consolidated patent infringement suits in the U.S. District Court for the Northern District of California which, like the action involving Sequenom, sought to enjoin Ariosa from selling its innovative non-invasive test for fetal chromosomal abnormalities. Ariosa persuaded the district court to stay the cases, which involve three patents, pending inter partes reviews and appeals to the Federal Circuit.
- PDL BioPharma, Inc. v. Genentech, Inc. and F. Hoffmann-La Roche Ltd. Represented PDL BioPharma in a Nevada state court action alleging breach of a 2003 settlement agreement that, among other things, barred Genentech from taking any action to challenge the validity of certain PDL patent rights. After extensive discovery and motion practice, the case was stayed by agreement of the parties pending Genentech and Roche’s interlocutory appeal to the Supreme Court of Nevada of a trial court order granting PDL’s motion to compel them to produce critical documents withheld on grounds of privilege. The case settled during the appeal, with Genentech entering into amended license agreements with PDL. Certain details about the settlement can be found in PDL’s public disclosures.
- Represented TiVo Inc. against Microsoft, Verizon and Samsung, including before the U.S. International Trade Commission (ITC). The cases resolved favorably to TiVo, including a settlement in which Verizon agreed to provide TiVo with total compensation worth at least $250.4 million.
- Successfully prosecuted, on behalf of Walt Disney Pictures, a trademark infringement action concerning Disney's rights in the film Frozen.
- Represented the Natural Resources Defense Council in highly publicized litigation involving the effects of naval sonar on marine mammals. Josh participated in the litigation before a federal district court, the U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court.
- Successfully represented several major film studios in contract disputes.
- Won a complete victory in an arbitration proceeding, preserving his client's 100 percent rights to a highly successful video game franchise.
- Represented a major telecommunications company in negotiations and a subsequent arbitration, obtaining a settlement of over $50 million and additional relief.
- Obtained positive settlements for multiple technology companies in licensing and patent disputes.
Honors & Awards
- Named to the Southern California Super Lawyers list (2017-2018)
- Named to the Southern California Rising Stars list (2014-2016)
- "Pacifica is Dead. Long Live Pacifica: Formulating a New Argument Structure to Preserve Government Regulation of Indecent Broadcasts," 79 S. Cal. L. Rev. 1451 (2006)
USC Gould School of Law (J.D., 2006); Order of the Coif; Executive articles editor, Southern California Law Review
Washington University, St. Louis (B.A., History, 1994), with honors
- California, 2006
- U.S. District Court for the Central and Northern Districts of California
- U.S. Court of Appeals for the Ninth Circuit and Federal Circuit