Joshua Weinger

Joshua Weinger is a partner in Goodwin’s Intellectual Property Litigation practice and focuses his practice on patent matters, with a concentration in the areas of biotechnology and pharmaceuticals. Josh is a contributor to the firm’s Big Molecule Watch, an award-winning blog that reports real-time analysis and updates on regulatory issues, litigation, legislation and other news in the developing world of biosimilars. Josh holds a PhD in molecular biophysics and biochemistry.

Some of Josh's representations include:

• In re Bendamustine Consolidated Cases: Representing Cephalon, Inc. in patent litigation against 18 defendants involving Cephalon’s branded cancer drug, Treanda®. The U.S. District Court for the District of Delaware issued a final decision in favor of Cephalon, upholding the validity and finding infringement of all patents-in-suit following a bench trial
• Genentech et al. v. Celltrion et al. (D. Del.), representing Celltrion/Teva in suit under the Biologics Price Competition and Innovation Act (BPCIA) related to biosimilar of Herceptin
• Genentech et al. v. Celltrion et al. (D. N.J.), representing Celltrion/Teva in suit under the BPCIA related to biosimilar of Rituxan
• In re: Copaxone 775 Patent Litigation (D. Del.): Representing Teva in patent infringement litigation against multiple generic defendants involving patents directed to a process for manufacturing glatiramer acetate (Copaxone®)
• In Re: Application Of Celltrion, Inc. for an Order Permitting Issuance of Subpoenas to Take Discovery for Use in Foreign Proceedings (D. Mass, N.D. Cal): Representing Celltrion in litigation seeking discovery in the United States for use in patent proceedings in Europe related to biosimilar of Rituxan
• In re: Copaxone 40mg Consolidated Cases (D. Del.): Representing Teva in a patent infringement litigation against five generic manufacturers involving patents directed to the treatment of multiple sclerosis with a novel dosing regimen for the drug glatiramer acetate
• Adverio Pharma Gmbh et al. v. MSN Laboratories Private Ltd. (D. Del.), representing MSN Laboratories in Hatch-Waxman litigation regarding the pulmonary hypertension drug riociguat
• In the Matter of Certain Pre-Filled Syringes for Intravitreal Injection (I.T.C.), representing Novartis in action before the International Trade Commission against Regeneron Pharmaceuticals involving a patent directed to pre-filled syringes for ophthalmic injection of VEGF-antagonist drugs
• Regeneron Pharmaceuticals, Inc. v. Novartis Pharma AG, et al. (P.T.A.B.), representing Novartis in IPR proceedings regarding a patent directed to pre-filled syringes for ophthalmic injection of VEGF-antagonist drugs. The Patent Trial and Appeal Board denied institution of the IPR
• Teva Pharmaceuticals International et al v. Eli Lilly and Company (D. Mass): Representing patent holder Teva in patent litigation involving monoclonal antibody migraine therapies. Following a 3-week trial, the jury returned a verdict in favor of Teva, finding all asserted claims valid and willfully infringed and awarding Teva over $176 million in damages. The case is currently on appeal

In 2018, Josh completed a six-month rotation as a Special Assistant District Attorney in the Middlesex County District Attorney’s Office in Woburn, Massachusetts. During this time, he prosecuted over 200 misdemeanor and felony cases, tried more than 10 jury and bench trials, and argued dozens of dispositive and evidentiary motions.

Josh is experienced in all phases of patent litigation, including pre-suit patent analysis, fact and expert discovery, motion practice, summary judgment, trials, and post-trial briefing. Josh is also experienced in proceedings before the Patent Trial and Appeal Board (PTAB), including inter partes review and post grant review proceedings.

Prior to law school, Josh was a postdoctoral fellow at The Rockefeller University in the Laboratory of Chemistry and Cell Biology. During law school he worked as an intern at the U.S. Attorney’s Office for the District of Massachusetts.

Josh was recognized in U.S. News’ Best Lawyers: Ones to Watch in America for Litigation - Intellectual Property and Intellectual Property Law (2024)

While attending law school, Josh was the lead submissions editor for the Yale Journal of Law and Technology, a fellow in the Yale Information Society Project, and a Knight Law and Media Scholar.

Prior to law school, Josh was a National Science Foundation Graduate Research Fellow and received a Ruth L. Kirschstein National Research Service Award from the National Institutes of Health.

Josh is the author of numerous articles in peer-reviewed journals including Nature, Nature Structural and Molecular Biology, The Journal of the American Chemical Society, and The Journal of Cell Biology. He is also a Senior Editor to Guide to Biosimilars Litigation and Regulation in the U.S., 2023-2024 ed., published by Thomson Reuters, in January 2024.

Josh’s publications and speaking engagements include:

• Speaker, “Challenging and Supporting Privilege Assertions and When and How to Seek Judicial Intervention,” Federal Bar Association’s Privilege and Work Product in Intellectual Property Litigation, June 2024
• Co-Author, “Cell Therapy Cos. Must Beware Limits Of Patent Safe Harbors,” Law360, May 2024
• Senior Editor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2023-2024 ed.,” published by Thomson Reuters, January 2024
• Speaker, “The Abbreviated NDA (ANDA), 505(b)(2) Applications, and Patent and Exclusivity Issues,” Food and Drug Law Institute’s Introduction to Drug Law and Regulation, November 2023
• Speaker, “Discovery for Foreign Litigation Under 28 U.S.C. § 1782,” Federal Bar Association’s Issues and Practice Tips Relating to Third Party Discovery and Subpoenas, October 2023 
• Speaker, “Think You Don’t Need to Worry About Patents Before Commercializing Your Gene or Cell Therapy Product? Think Again! The Safe Harbor and Lessons Learned from REGENXBIO v. Sarepta,” Goodwin Webinar, August 2023
• Speaker, “International Trade Commission exclusion orders, a primer,” Federal Bar Association's Injunctions and Exclusion Orders in IP Cases, May 2023
• Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2022-2023 ed.,” published by Thomson Reuters, December 2022
• Speaker, “Biosimilars:  Navigating The 271(e) “Safe Harbor” and 271(g) Exceptions to Patent Infringement,” Goodwin Webinar, September 2020
• Contributor, “Guide to Biosimilars Litigation and Regulation in the U.S., 2019-2020 ed.,” published by Thomson Reuters, November 2019
• Co-Author, “Legislation To Watch: 9 Proposed Bills Impacting Biologics & Patent Disputes,” Biosimilar Development, October 2019