Josepher Li
Partner
Josepher’s practice includes IP litigation, appeals, and critical motions in disputes involving patents, trade secrets, and copyrights. Based in our Newport Beach, California office, Josepher litigates nationally in federal courts and before the U.S. Patent Office.
His federal court litigation practice spans coast-to-coast and has included cases in the Central District of California, District of Delaware, District of New Jersey, Eastern District of Texas, Northern District of Texas, Southern District of Florida, and Western District of Washington.
At the Patent Office, he has successfully represented clients in inter partes review and ex parte reexamination proceedings.
In 2023, Josepher was recognized as a Southern California “Rising Star” in IP litigation by Thomson Reuters Super Lawyers® and by Best Lawyers® in its “Ones to Watch” list for his IP litigation work.
Previously, his practice included strategic patent procurement, including prosecuting patent applications through allowance before the U.S. Patent Office and managing patent portfolios. Josepher leverages his background as a registered patent attorney to guide clients through complex patent matters both in and outside of court.
Josepher writes and speaks frequently on IP issues and on issues relating to the practice of law. His written work has appeared in Law360, Bloomberg Law, The Recorder, and the Daily Journal.
Josepher was previously a litigator at Knobbe Martens Olson & Bear LLP. He received his engineering degree from the Massachusetts Institute of Technology. During law school, he served as an editor of I/S: A Journal of Law and Policy for the Information Society.
Education
J.D., cum laude, The Ohio State University Moritz College of Law
S.B., aerospace engineering, Massachusetts Institute of Technology
Awards
Southern California “Rising Star” in intellectual property litigation, Thomson Reuters Super Lawyers (2023-2024)
“Ones to Watch” in intellectual property litigation, Best Lawyers (2023-2024)
Representative Cases
Group III Int’l v. Targus Int’l LLC, IPR2021-00371 (Pat. Trial & Appeal Bd.): obtained a rare decision after full trial confirming validity of all 40 challenged claims in Targus’ groundbreaking patent on a checkpoint-friendly bag design.
Targus Int’l v. Group III Int’l and Victorinox Swiss Army Inc., Nos. 20-cv-21435 (S.D. Fla.) & 20-464 (D. Del.): successfully represented #1 manufacturer of laptop cases in dispute over checkpoint-friendly travel laptop cases and recovered ~$2M in judgments.
Advanced Micro Devices v. Monterey Research, IPR2020-01124 (Pat. Trial & Appeal Bd.): defended AMD and prevailed at trial, obtaining final decision canceling all 19 patent claims relating to memory technology asserted in pending litigation.
STMicro and Wolfspeed v. Purdue University, IPR2022-00252, -00723, and -00761 (Pat. Trial & Appeal Board): successfully defended client Purdue University in defeating institution of three separate IPR challenges to groundbreaking Purdue patent on silicon carbide MOSFET devices.
Sony v. Intellectual Pixels, IPR2020-01248, IPR2021-00237 (Pat. Trial & Appeal Bd.) & No. 22-1546 (Fed. Cir.): after successfully obtaining rare IPR Final Written Decisions confirming claims in two patents on 3D video game graphics technology, won summary affirmances upholding judgment on appeal.
Cedar Lane v. Alps Alpine North America, No. 23-cv-0001 (W.D. Wash.): represented supplier of premium in-vehicle navigation units in patent case and obtained early dismissal with prejudice; $0 paid to non-practicing entity.
Edge Systems v. Venus Concept USA, No. 18-cv-62588 (S.D. Fla.): represented Edge Systems (The HydraFacial Company) in patent infringement litigation involving hydradermabrasion technology. Case settled favorably with defendant paying “a substantial amount” to Edge Systems after obtaining favorable claim construction order.
Moxchange LLC v. Spectrum Brands, No. 21-cv-1496 (D. Del.): successfully represented defendant in obtaining an early dismissal with prejudice after filing motion to dismiss complaint asserting infringement of wireless networking patent.
X-Mobile Technologies v. HTC Corporation, No. 17-cv-00699 (E.D. Tex.): represented HTC in patent infringement litigation involving mobile device technology. Case settled favorably.
Koni B.V. v. Tenneco Inc., et al., No. 17-cv-05369 (N.D. Ill.): represented Koni in litigation involving trade secret misappropriation, breach of contract, fraud, and related tort claims relating to automotive shock absorbers. After defeating motions to dismiss and to stay the case, dispute resolved favorably before trial.
O’Neil v. Razor USA, No. 18-cv-10757 (C.D. Cal.): represented Razor in copyright infringement litigation involving Instagram post. Case settled favorably and confidentially.
Rhodes Pharmaceuticals LP v. Indivior Inc., No. 16-cv-01308 (D. Del.): represented Indivior in patent infringement litigation involving Suboxone® Sublingual Film.
Externship
Judicial extern to the Honorable Algenon L. Marbley, U.S. District Court for the Southern District of Ohio (Spring 2016)
Media, Speaking Engagements and Publications
Speaker, Recent Developments in Patent Litigation You Need to Know, Orange County Bar Association – IP & Technology Section (Mar. 2024)
Moderator, Top 5 New Developments in IPR Trials at the Patent Office, LAIPLA (Jan. 2024)
Co-author, Fintiv Discretionary Denials Seem to be Back at PTAB, Law360 (June 2023)
Moderator, Post Grant Review (PGR): Trends and Lessons Learned from PTAB Practitioners, Virtual Patent Gateway (June 2023)
Co-author, New Director Reviews: The Latest IPR Guidance From the Patent Office, The Recorder (Oct. 2022)
Exception to the Rule?, Nat’l Law Review (Sept. 2022)
Author, Getting a Seat at Counsel’s Table: Tips for Junior Associates, Bloomberg Law (July 2022)
PTAB Allows Supplemental Information Request To Fly, PTAB Litigation Blog (Apr. 2022)
PTAB Axes 19 Claims Of Patent Caught In Semiconductor Row, Law360 (Jan. 2022)
Speaker, PTAB Practitioner’s Series: A Different Ball Game: Depositions at the PTAB and District Court, Virtual Patent Gateway (Nov. 2021)
Author, The Case for Returning to the Office and Making It Work, Bloomberg Law (June 2021)
Speaker, Patent Law 101 for Startups, MIT Global IAP Day (Jan. 2021)
Author, Inaccuracies in Copyright Registration: Copyright Claimants Beware, Accused Infringers Be Aware, Daily Journal (Mar. 2020)
Co-author, Issue-Preclusive Effect of Agency Decisions in the Patent Context, Daily Journal (June 2019)
Co-author, Drosophila XBP1 Expression Reporter Marks Cells under Endoplasmic Reticulum Stress and with High Protein Secretory Load, PLOS ONE (Sept. 2013)
Professional Affiliations
Board of Directors, MIT Club of Southern California
Association of Business Trial Lawyers (ABTL), Orange County Chapter
Admissions
U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Central District of California
U.S. Patent Office
State of California