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Josh Hartman is an experienced IP litigator with Merchant & Gould’s Washington, D.C. area office and the head of the firm’s ITC Section 337 Group. Josh navigates the substantive, procedural and strategic challenges that exist when litigating before the United States International Trade Commission. He also litigates IP and unfair competition disputes in district courts and helps companies develop and protect their IP.

Experienced Litigator Serving a Broad Range of Industries

Josh focuses his practice on advocating for companies before the U.S. International Trade Commission in Section 337 investigations, which address unfair practices associated with imports into the United States. The disputes he handles in this arena are diverse, including patent litigation, trade secret misappropriation, antitrust, business torts and unfair competition issues.

In addition to his work before the ITC, Josh also supports clients in district court litigation and through IP counseling. The companies he serves come from a broad range of industries, including life sciences, fintech, cleantech and cybersecurity.

“ITC investigations are fast-paced. I enjoy the speed of the investigations and the dynamics of protecting IP holders’ rights with respect to the marketplace. I’m passionate about stopping the flow of imported, infringing products and about helping businesses protect their products’ access to the U.S. market.”

~ —Josh Hartman, Partner

Lead counsel for in vitro diagnostic test company in asserting its patents at the U.S. International Trade Commission, achieving consent orders and favorable settlements.

Represented manufacturer of lithium-ion batteries for the electric vehicle industry in trade secrets investigation before the U.S. International Trade Commission, achieving a default finding against the opposing party due to discovery misconduct and a $1.8 billion settlement.

Represented flooring compa...

  • Columbia Law School, J.D.
  • The London School of Economics and Political Science, L.M.M.,

    with distinction

  • The University of Miami, M.M.
  • The University of Miami, B.M.,

    cum laude

  • Virginia State Bar
  • District of Columbia
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, the District of Columbia
  • Second Circuit Court of Appeals

Presentations

Trade Secrets and Other Non-Patent Investigations, Panelist, International Trade Commission Trial Lawyers Association (“ITCTLA”) Spring Meeting, May 12, 2021.

Publications

Joshua Hartman & Hayley Ostrin, “How ITC Arrived At Proportional Discovery in IP Investigations,” Law360.com (Aug. 2020)

Intellectual Property Misuse: Licensing & Litigation, ABA Book Publishing (2d Ed., Apr. 2020) (contributor)

A Lawyer’s Guide to Section 337 Investigations Before the U.S. International Trade Commission, ABA Book Publishing (4th ed., June 2019) (contributor)

Hector Gallegos & Joshua Hartman, “Supreme Court Hits Reset on Patent Venue Law in TC Heartland,” MoFo IP Newsletter (July 2017)

Josh Hartman & Daniel Muino, “Stainless Steel Products: Commission Affirms Default Finding Based on Bad-Faith Spoliation,” MoFo@ITC (Aug. 2016)

Brian Busey, Josh Hartman, & Michelle Yang, “Strategic Considerations in Litigating Design-Arounds,” IP Litigator (Nov. 2014)

Josh Hartman & Rachel Krevans, “Counsel Courts Keep: Judicial Reliance on Special Masters, Court-Appointed Experts, and Technical Advisors in Patent Cases,” The Sedona Conference Journal, Vol. 14 (2013)

Columbia Law School
J.D.

The London School of Economics and Political Science
LLM, with distinction

The University of Miami
M.M.
B.M., cum laude

District of Columbia
Virginia
U.S. District Court, Eastern District of Virginia
U.S. District Court, the District of Columbia
Second Circuit Court of Appeals

ITC Trial Lawyers Association (Executive Committee, 2017–2020)