Overview
Josh Loader is an associate in our San Diego office. He practices intellectual property law with a focus on patent prosecution and litigation.
Josh received his law degree from the University of Utah, S.J. Quinney College of Law where he was Executive Online Editor for the Utah Law Review. He received his bachelor’s degree in mechanical engineering with an emphasis in business management from Brigham Young University – Idaho.
Josh joined the firm in 2021.
Extern Experience
Honorable Jill N. Parrish for the United States District Court for the District of Utah
Education
- University of Utah - S.J. Quinney College of Law (J.D., 2021), High Honors, Executive Online Editor of the Utah Law Review; Vice President of the Student Intellectual Property Law Association
- Brigham Young University - Idaho (B.S. Mechanical Engineering, 2018), Tau Beta Pi Engineering Honor Society; Emphasis in Business Management
Recognition
Awards & Honors
2020 Utah State Bar IP Section Scholarship Recipient
Affilliations
Tau Beta Pi Engineering Honor Society
News & Insights
Articles
Litigation Blog
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Claim Construction When Uniformly Referring to Aspects of an Invention
- IPR Petitioners Must Be Permitted to Respond to Claim Constructions First Proposed in Patent Owner Response
- IPR Estoppel “Under an Unusual Set of Facts”
- Identical Elements Are Not Required for the Presumption of Obviousness Based on Overlapping Ranges
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Medical Device Blog
Latest Updates and News
Claim Construction When Uniformly Referring to Aspects of an Invention
Chewy, Inc. v. International Business Machines Corporation
Before Moore, Chief Judge, Stoll and Cunningham. Appeal from the United States District Court for the Southern District of New York.
Summary: A feature in the specification limits the claims if the patent uniformly describes it as an aspect of the invention as a whole. And a patentee cannot transform an abstract idea into a patent-eligible, specific implementation of that abstract idea merely by reciting conventional techniques.
IPR Petitioners Must Be Permitted to Respond to Claim Constructions First Proposed in Patent Owner Response
AXONICS, INC. v. MEDTRONIC, INC.
Before Dyk, Lourie, and Taranto. Appeal from the Patent Trial and Appeal Board.
Summary: Where a patent owner in an IPR proposes a claim construction for the first time in a patent owner response, a petitioner must be given the opportunity in its reply to argue and present evidence of anticipation or obviousness under the new construction.
FDA Releases Draft Guidance for Studies of Medical Devices for Opioid Use Disorder
The U.S. Food and Drug Administration (FDA) recently released draft guidance regarding clinical considerations for studies of medical devices intended to treat opioid use disorder (OUD). According to the FDA’s press release, the draft guidance aligns with the FDA’s Overdoes Prevention Framework and aims to advance evidence-based treatment for individuals with substance use disorders.
IPR Estoppel “Under an Unusual Set of Facts”
CLICK-TO-CALL TECHNOLOGIES LP V. INGENIO, INC., DBA KEEN, ETHER, THRYV, INC.
Before Stoll, Schall, and Cunningham. Appeal from the United States District Court for the Western District of Texas.
Summary: Ingenio’s IPR petition was partially instituted before SAS (overruling the practice of partial institutions), and a final written decision was issued after SAS. IPR estoppel applied to a claim that was not addressed in a final written decision because the invalidity ground reasonably could have been brought, and petitioner chose not to seek remand in view of SAS.
Identical Elements Are Not Required for the Presumption of Obviousness Based on Overlapping Ranges
ALMIRALL, LLC v. AMNEAL PHARMACEUTICALS LLC
Before Lourie, Chen, and Cunningham. Appeal from the Patent Trial and Appeal Board.
Summary: Presumption of obviousness based on overlapping ranges applied where a prior-art reference disclosed an element in the claimed range that was similar but not identical to the claimed element.