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

Over the past 13-plus years, Josh has been a critical part of many successful cases that resulted in positive outcomes for his clients. Some recent examples include ITC investigations concerning patent infringement related to in vitro diagnostic testing and trade secret protection related to lithium-ion batteries.

From Growth Stage to the Fortune 500

Josh proudly serves businesses of all sizes, regardless of their place in the market. This includes businesses ranging from the growth stage to the Fortune 500. He understands the unique legal challenges that come with each stage of business and has the experience necessary to guide companies through their IP- and competition-related challenges.

Providing Business-Oriented Solutions to Eliminate IP Issues

No two businesses are the same. Legal solutions should be tailored to fit your unique business and IP needs. This is what Josh does well. He prides himself on developing practical, business-oriented legal solutions that will protect the best interests of your business now and in years to come.

Josh received his Master of Laws in Intellectual Property Law from The London School of Economics and Political Science and his J.D. from Columbia Law School in New York. He is an accomplished legal writer and speaker, sharing his knowledge with other attorneys and organizations across the country.

Dedicated to Supporting His Community

Josh supports his community by offering up his time and legal knowledge. He is currently active in pro bono work, serves as the board chair for his children’s school and is active with the ITC Trial Lawyers Association, including as a member of the Executive Committee.

Outside of his work, Josh is an avid jazz pianist, a practicing yogi, and a devoted husband and father who tries his best to keep up with his two boys.

Publications & Speaking

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)

Education

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

Admissions

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

Professional Affiliations

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

Representative Cases

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 companies in defending against a patent-based investigation before the U.S. International Trade Commission, achieving settlement on favorable terms.

Represented patent owner in investigation before the U.S. International Trade Commission concerning solid-state drives, achieving settlement on favorable terms.

Represented cybersecurity company in patent litigation against its key competitor in U.S. district court, achieving settlement on favorable terms.

Counseled clients in the life sciences, fintech, and consumer products fields regarding intellectual property, licensing, and unfair competition issues.