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Joseph Kolker

Senior Associate

New York

Joey Kolker represents clients in trial and appellate-level litigation, with a focus on intellectual property and complex commercial matters.

At the trial level, Joey has briefed dozens of motions, argued key motions in patent cases in the Northern District of California and Western District of Texas, and taken and defended depositions. In cases that have proceeded to trial, Joey has played a hybrid role as embedded appellate counsel, drafting pretrial motions, trial briefs, jury instructions, and post-trial briefs--and in 2023 alone three of those cases resulted in favorable jury verdicts. In his appellate practice, Joey has argued before the Federal Circuit, represented parties and/or amici before the Second, Third, Fourth, Fifth, Eighth, Ninth, and Federal Circuits, and drafted merits, cert.-stage, and amicus briefs at the Supreme Court.

Before joining Orrick, Joey served as a law clerk to Judge Michael A. Chagares of the U.S. Court of Appeals for the Third Circuit and Judge Janet Bond Arterton of the U.S. District Court for the District of Connecticut. Prior to clerking, he worked as a civil rights litigation fellow in the New York office of a national firm.

  • Intellectual property matters

    • Successfully represented fashion designer in U.S. Supreme Court merits copyright case (Unicolors v. H&M, No. 20-915).
    • Represent technology companies as plaintiffs and defendants in patent infringement litigation.
    • Advised leading retailer on appellate strategy in trademark litigation.
    • Represented automotive industry manufacturers in Ninth Circuit amicus brief in appeal involving FRAND/SEP issues.

    Complex commercial and financial services litigation

    • Successfully represented electricity G&T cooperative in contract litigation; prevailed on motion for summary judgment and successfully defended win on appeal (Dakota Energy v. East River and Basin Electric Power Cooperative, Eighth Circuit).
    • Represent investment bank in RMBS litigation; successfully defeated plaintiff's motion for partial summary judgment.

    Pro bono

    • Represented petitioner in Second Circuit immigration appeal, seeking protection under the Convention Against Torture.
    • Represented veteran in Federal Circuit appeal of denial of EAJA fees.
    • Successfully represented civil rights plaintiffs in Fifth Circuit appeal from grant of summary judgment in private jail wrongful death lawsuit.
    • Helped represent criminal defendant in cert.-stage proceedings at the Supreme Court involving sentencing issue.
    • Represented habeas scholars and national civil rights organization as amici in cert.- and merits-stage briefs filed at the U.S. Supreme Court in death penalty and civil rights cases (Cruz v. Arizona; Egbert v. Boule).