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Josh Hartman is a first-chair IP litigator with Merchant’s Washington, D.C. area office and the head of the firm’s ITC Section 337 Group. He 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, in Federal Circuit appeals, and through IP counseling. The companies he serves come from a broad range of industries, including high technology, automotive, life sciences, and semiconductors.

Over the past 17 years, Josh has litigated many successful cases that have resulted in positive outcomes for his clients. Some recent examples include several defense-side wins and walkaway settlements in ITC investigations concerning alleged patent infringement by his clients.

From Growth Stage to the Fortune 500

Josh proudly serves businesses of all sizes, regardless of their place in the market. This includes companies 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 using a multidisciplinary approach to develop practical legal solutions that protect the best interests of his clients’ businesses 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 and has served as the board chair for his children’s school and as a member of the ITC Trial Lawyers Association’s Executive Committee.

Outside of his work, Josh is an avid jazz pianist, a practicing yogi, and a father of two highly energetic boys.

Successfully defended MOTORTECH (a Generac subsidiary) in ITC investigation concerning alleged patent infringement related to ignition systems for industrial engines, achieving findings noninfringement as to all accused products.

Successfully defended TYC Brother and TYC Americas in ITC investigations concerning alleged infringement of 40+ asserted design patents related to automotive headlights and taillights based on findings that the complainants failed to satisfy the ITC’s domestic...

  • 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

  • District of Columbia
  • Virginia
  • Second Circuit Court of Appeals
  • U.S. District Court - Eastern District of Virginia
  • U.S. District Court for the District of Columbia

Presentations

Navigating US Policy Shifts: The Good, The Bad, and The Ugly, Panelist, IAM’s Auto IP USA, April 16, 2026

A New Era for Litigation Before the International Trade Commission, Moderator, The Ad Idem Network, March 26, 2025

Winning at the ITC: Strategies for Success in Section 337 Investigations, Panelist, IPWatchdog, IPWatchdog LIVE 2025, March 4, 2025

Navigating 337 Investigations: Pathways to Success at the ITC, Panelist, IPWatchdog, IPWatchdog LIVE 2024, October 1, 2024

Satisfying the Domestic Industry Requirement at the ITC, Panelist, IPWatchdog, Patent Litigation MastersTM 2024, May 14, 2024

Standard Essential Patents & Section 337: Litigating SEPs at the ITC, Panelist, IPWatchdog, Standards, Patents, & Competition MastersTM 2023, November 14, 2023

Protecting Brands in Online Marketplaces, Moderator, The Ad Idem Network, November 7, 2023

Creating Enforcement Leverage: The ITC Advantage, Panelist, IPWatchdog, IPWatchdog LIVE 2023, September 18, 2023

Using the ITC as Part of a Larger Patent Litigation Strategy, Panelist, IPWatchdog, Patent Litigation MastersTM 2023, May 16, 2023

The ITC: A venue for more than just patents, Panelist, Boston Intellectual Property Law Association (“BIPLA”), BIPLA’’s 3rd Annual Symposium, May 3, 2023

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

Publications

Joshua Hartman, “Planning for Success in Section 337 Investigations,” IPWatchdog.com (Sept. 16, 2023)

Joshua Hartman, “Opening Moves in the ITC: Strategic Considerations for Pre-Institution Filings in Section 337 Investigations,” IPWatchdog.com (Sept. 13, 2023)

Joshua Hartman and Kate Mayer, “Perimeter Defence: Regulatory Tools to Halt Counterfeits at U.S. Borders,” World Trademark Review (Feb. 28, 2022)

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)

Podcasts

“The Strategic Important of the ITC for Patent Owners,” IPWatchdog Unleashed (Aug. 19, 2024)

“Special Guest: Attorney Joshua Hartman,” Talkin’ Reggae (July 12, 2023)

Quoted

Not Seeking Sanctions Before DivX ITC Complaint Withdrawn Dooms Realtek by Steve Brachmann, IPWatchdog.com, March 19, 2025

Fed. Circ. Ruling Shows Even Small Cos. Can Win At ITC by Ryan Davis, Law360.com, February 14, 2025

Drugmakers Exposed to Antitrust Probes if Patent Cache Added by Annelise Gilbert, Bloomberg Law, May 1, 2024

ITC Trial Lawyers Association (Executive Committee, 2017‑2020, 2021‑2024)