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Joshua M. Rychlinski

Counsel

jrychlinski@crowell.com
Phone: +1 202.624.2688
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Joshua M. Rychlinski is a counsel in Crowell & Moring’s Washington, D.C. office. He is a member of the firm’s Intellectual Property Group, focusing on technological disputes and counseling, particularly in the arena of software as it relates to patents, trade secrets, and copyright. Josh brings his computer science background and knowledge to bear to address his clients’ needs, be that in litigation or counseling. He has experience representing and advising clients like Lenovo, Siemens, MillerCoors, Audible Magic, Honeywell, and Microsoft in patent, trade secret, and copyright matters involving a variety of different technologies, such as AI, website design, train control technology, domain generation algorithms, content identification technology, and telecommunication standards such as 2G, 3G, and 4G.

Josh regularly advises and represents domestic and foreign clients in state as well as federal district courts and before the U.S. Court of Appeals for the Federal Circuit. He has also represented clients in arbitrations, at the International Trade Commission, and in post-grant proceedings at the U.S. Patent and Trademark Office. Josh has extensive experience preparing pretrial patent disclosures, preparing expert reports, and in the preparation of and defense of expert, fact, and 30(b)(6) witnesses in depositions and trial. He has drafted a variety of motions, including motions to dismiss, compel, summary judgment motions, Daubert motions, mediation briefs, arbitration briefs, and post-trial motions in patent, trade secret, and copyright matters. 

Josh graduated from the University of Michigan Law School, where he was a member of the Michigan Telecommunications and Technology Law Review. Prior to law school, Josh worked as a software developer at a large electronic medical records company, where he specialized in database design and analytics. Josh received his B.S. in computer science from the University of Michigan.

Josh has been named a “Rising Star” in Intellectual Property by Super Lawyers Magazine for 2020.

Representative Matters

  • Siemens Mobility, Inc. v. Westinghouse Air Brake Technologies Corporation d/b/a Wabtec Corporation et al (DED 1-16-cv-00284). Represented Siemens in a patent infringement case involving train control technology. A jury found eight Siemens patents valid and infringed by Wabtec in January 2019. After post-trial briefing, the damages award to Siemens was increased to $14.2M.  
  • Westinghouse Air Brake Technologies Corporation d/b/a Wabtec Corporation v. Siemens Mobility, Inc. (DED 1-17-cv-01687). Represented Siemens in a case where Wabtec accused Siemens of patent infringement involving train control technology. Siemens successfully defended against Wabtec's motion for preliminary injunction in August 2018.
  • Westinghouse Air Brake Technologies Corporation d/b/a Wabtec Corporation et al v. Siemens Mobility, Inc. (Court of Common Pleas, Allegheny County, Pa., No.: GD: 16-013187). Represented Siemens in a trade secret misappropriation case involving train control technology. The Court held a seven day hearing in October 2018 on a preliminary injunction motion by Wabtec, which was later denied. 
  • Siemens Mobility, Inc. v. Westinghouse Air Brake Technologies Corporation d/b/a Wabtec Corporation (DED 1-19-cv-00544). Represented Siemens in an antitrust case involving the market for train control technology. 
  • Morris Reese v. AT&T Mobility II LLC (CACD 2-13-cv-05198). Represented AT&T and TracFone Wireless in a patent infringement case involving caller ID. The district court granted summary judgment for AT&T in April 2018 under 35 U.S.C. Section 101. The Federal Circuit affirmed that judgment, and the Supreme Court later denied certiorari.
  • Microsoft v. John Does 1-2 (EDNY 1:20-cv-01217). Representing Microsoft in an action to takedown the “Necurs” botnet by disabling IP addresses and seizing domains. The court granted Microsoft’s ex parte motion for a temporary restraining order and later granted Microsoft’s motion for preliminary injunction. The “Necurs” botnet is one of the largest in the world. 
  • BOS GMBH & Co. et al v. Macauto USA, Inc. et al (EDMI 4:17-cv-10461). Representing BOS Automotive in a patent infringement case concerning window shades. 
  • MillerCoors, LLC v. Anheuser-Busch Companies, LLC (WDWis 3:19-cv-00218). Representing MillerCoors in a case concerning advertising during Super Bowl LIII. 
  • Sisvel International S.A. v. Honeywell International, Inc. (DED 1:19-cv-01143). Representing Honeywell in patent infringement case concerning cellular communication technology.

Education

  • University of Michigan, B.S. computer science (2009)
  • University of Michigan Law School, J.D. (2014)

Affiliations

Admitted to practice: District of Columbia, Michigan, U.S. Patent and Trademark Office (USPTO), U.S. District Courts for the Eastern District of Texas, Eastern District of Michigan, and District of Colorado.

View More

ViaClean Technologies & PureShield File Suit Against Novalent, Ltd., & Inhold, LLC For Breach Of Contract, Fraud, Unfair Competition And Deceptive Trade Practices iCrowdNewswire (November 20, 2020)
Media Mentions
ViaClean Technologies & PureShield File Suit Against Novalent, Ltd., & Inhold, LLC For Breach Of Contract, Fraud, Unfair Competition And Deceptive Trade Practices PR Newswire (November 17, 2020)
Media Mentions
"Faulty Jury Instruction Wipes Out $740 Million Verdict," Crowell & Moring’s Trade Secrets Trends (June 10, 2020). Authors: Mena Gaballah, PharmD and Joshua M. Rychlinski.
Publication
"A Story of Disloyalty and Deception: The Third Circuit Chimes in on Ownership Requirements in Trade Secrets Act Cases," Crowell & Moring’s Trade Secrets Trends (May 14, 2020). Authors: Eli Berns-Zieve, Raija Horstman and Joshua M. Rychlinski.
Publication
"Lex Machina Releases New Trade Secret Litigation Report," Crowell & Moring’s Trade Secrets Trends (April 23, 2020). Author: Joshua M. Rychlinski.
Publication
""Authorized Access": The Supreme Court’s First Foray Into The Computer Fraud And Abuse Act," Litigation Alert (April 22, 2020). Contacts: Stephen M. Byers, Jeffrey L. Poston, Gabriel M. Ramsey, Paul M. Rosen, Joshua M. Rychlinski, Kayvan M. Ghaffari
Client Alert / Newsletter
"Patents as Evidence of Trade Secret Theft Does Not Create Federal Subject Matter Jurisdiction," Crowell & Moring’s Trade Secrets Trends (April 21, 2020). Author: Joshua M. Rychlinski.
Publication
"Webinar Series: Protecting Trade Secrets and other Intellectual Property with Blockchain," Crowell & Moring Webinar (January 14, 2020). Moderator: Mark A. Klapow; Presenters: Kayvan A. Ghaffari and Joshua A. Rychlinski.
Speech/Presentation
Crowell & Moring Elects Eight New Partners and Promotes Seven to Senior Counsel and 26 to Counsel Positions (Jan.02.2020)
Firm News / Announcement
Siemens Train Control Patent Award Boosted To $14.2M Law360 (August 19, 2019)
Media Mentions

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, Brussels, and Shanghai.

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