Josh Nightingale represents leading domestic and international technology companies in high-stakes patent litigation. His litigation matters before U.S. district courts, the USPTO's Patent Trial and Appeal Board (PTAB), and the Federal Circuit have involved a variety of technologies across numerous industries, including semiconductors, electrical circuits, computer software, LED lighting, vacuum hoses, and telecommunication technologies.
Josh is actively involved with the PTAB Litigation group at Jones Day and has represented clients in more than 20 post-grant trials at the PTAB. He represents clients as both petitioners and patent owners in inter partes review (IPR) and other contested proceedings before the PTAB. In a recent case for a patent owner, Josh coauthored preliminary responses that led to the PTAB denying institution of IPR for multiple patents. Another recent case for a petitioner involved an IPR challenge of a patent directed to the transmission of data with error detection and correction. Josh further works as an advocate for clients in appeals from PTAB proceedings at the Federal Circuit.
Josh also has an active patent prosecution and counseling practice, preparing and prosecuting U.S. patent applications on behalf of domestic and foreign clients. Representative prosecution clients include Carnegie Mellon University, Educational Testing Service, Marvell Semiconductor, Taiwan Semiconductor Manufacturing Company, and Visa International.
Josh currently serves on the board of managers of the Pittsburgh Intellectual Property Law Association (PIPLA), and he is an active member of The Q. Todd Dickinson American Inn of Court.
Federal Circuit Denies Motion to Stay Pending Supreme Court Decision in Oil States, PTAB Litigation Blog
- April 26, 2018
Jones Day's 2018 Speaker Series: IP Roundup - Strategic Enforcement Considerations
- November 16, 2016
- West Virginia University (J.D. 2011, Order of the Coif; Executive Publications Editor, West Virginia Law Review; M.S. in Electrical Engineering 2008; B.S. in Electrical Engineering and Computer Engineering 2005; Tau Beta Pi)
- Pennsylvania, U.S. District Court for the Western District of Pennsylvania, U.S. Court of Appeals for the Federal Circuit, and registered to practice before the U.S. Patent and Trademark Office