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Joshua M. Rychlinski is an associate in Crowell & Moring’s Washington, D.C. office. He is a member of the firm’s Intellectual Property Group, focusing on patent litigation and trade secret counseling. Josh advises and represents domestic and foreign clients in state as well as federal district courts, at the International Trade Commission, and before the U.S. Court of Appeals for the Federal Circuit. He represents clients in arbitrations, as well as in post-grant proceedings at the U.S. Patent and Trademark Office.

Josh’s experience includes defending a large multinational consumer electronics company in patent litigation. He represented the company through all phases of pretrial preparation in cases involving the Android operating system, touch screen technology, camera sensors, haptic feedback, and telecommunication standards such as Bluetooth, 3G, and 4G. Josh has led the preparation of pretrial patent disclosures including invalidity contentions, interview and retention of experts, preparation of expert reports on both invalidity and non-infringement, and preparation of and defense of expert, fact, and 30(b)(6) witnesses in the deposition context. He has drafted Daubert briefings, assisted in the drafting of motions to dismiss, summary judgment motions, claim construction briefs, mediation briefs, ITC complaints, and motions to compel.

Josh graduated from the University of Michigan Law School, where he was a member of the Michigan Telecommunications and Technology Law Review. He is admitted to practice in Michigan, the District of Columbia, the Eastern District of Texas, and before the USPTO. 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.

Waymo’s recently filed case against Uber continues to unfold with some potentially important developments.  The case, which began in late February when Waymo (which shares a corporate parent with Google) accused Uber of misappropriation of trade secrets under the DTSA, patent infringement, and unfair business practices (covered by this blog here) had three recent decisions issue, all on the same day.

First, on May 11, U.S. District Judge William Alsup issued an order granting in part and denying in part Waymo’s motion for a preliminary injunction.  The court’s order is sealed, and neither Uber nor Waymo have commented on its contents.

Second, Judge Alsup sua sponte referred the case to the United States Attorney for investigation of possible trade secret theft.  Judge Alsup based this decision on the evidentiary record, which was described in detail in the aforementioned injunction decision (and therefore sealed). Continue Reading Waymo v. Uber: An Update on the Ongoing Trade Secret Dispute