New York
Kaitlyn is experienced in Hatch-Waxman litigation and inter partes review proceedings, including disputes involving drug treatments for cancer, therapeutic antibodies, and medical devices. Kaitlyn also has significant experience in IP due diligence and licensing associated with high-profile acquisitions.
Boston
Carly is a Boston-based senior associate and litigator in our Intellectual Property group. Carly’s practice focuses on patent infringement litigation in federal district courts involving pharmaceuticals, medical devices, and biologics. She has a background in biomedical engineering, including medical device research & design, academic research, and business management.
New York
Josh has been named American Lawyer's “Litigator of the Year” twice, in addition to being a finalist for 2022 and 2025. In 2012, the magazine dubbed him “the Defibrillator” based on his streak of appellate wins for companies that “appeared to be at death’s door,” and in 2017 it declared, he “still deserves the moniker we once gave him.”
In 2014, The Financial Times named Josh one of the 10 most innovative lawyers in the North American legal sector for his work “demystify[ing] the technical issues” and securing a victory in the blockbuster Federal Circuit appeal, Oracle v. Google. Chambers USA has reported, “He wins accolades for his ‘brilliant analysis and judgment.’ Clients appreciate how he ‘rethinks every case from the ground up,’ and add: ‘He can take the most complicated legal or technological issue and present it in a way that seems like common sense.’” Another edition of Chambers USA added: “‘His briefs are quite simply beautiful,’” and “clients describe his courtroom presence as ‘both commanding and accessible at the same time.’ He has the ‘perfect combination of persuasiveness, intelligence, wit, and deference.’”
Josh's practice covers a wide range of subjects, including intellectual property, financial services, securities, privacy, antitrust, federal preemption, insurance law, corporate governance, criminal law, and constitutional litigation. Among his recent clients are Cisco, Credit Suisse, Cox Communications, DISH Network, Genentech, Gilead, Johnson & Johnson, JPMorgan Chase, Microsoft, Mozilla, Oracle, Sonos, and Royal Bank of Scotland.
Clients turn to Josh to win the highest stakes appeals, including appeals in cases that threaten the very survival of a business. For example:
Josh was the founding president and CEO of the Brennan Center for Justice at New York University School of Law, one of the country’s foremost public interest firms. Over the course of eight years, he was the Brennan Center’s chief strategist on litigation and public policy advocacy. Before that, Josh founded the Office of the Appellate Defender, a public defender office specializing in criminal appeals.
Washington, D.C.
Washington, D.C.
Steve knows how to minimize risk while delivering a client’s business objective, either by defeating an opponent’s case in court or by negotiating the best possible settlement. His ability to pinpoint the argument that will resonate with each judge and jury has enabled him to protect cutting-edge technology involving medical devices, automotive components, telecommunications standards, digital and 3D imaging, guest engagement systems, and semiconductor devices and manufacturing processes. He has also used those same skills in litigating numerous antitrust, unfair competition, and complex tort and contract cases.
For the last 20 years, Steve has focused on guiding Japanese and other Asia-based companies through patent litigation before the U.S. District Courts, ITC and Federal Circuit. He is one of only two lawyers ranked in the Chambers Global guide for having Foreign Expertise in Intellectual Property for Japan. Steve consistently has been described as a “great negotiator who is excellent at creating litigation strategy.” Clients recently interviewed by Chambers also noted, “Steve is a really fantastic tactical thinker with good legal instincts. He is also very collaborative.” Other clients have stated that “his command of the law is evident in his ability to understand it and also apply it across a wide variety of situations,“ while still others have praised his ability to make “very quick and sound tactical decisions.”
New York
With a Ph.D. in biology from MIT and the Whitehead Institute, where she was a NSF fellow, Irena represents plaintiffs and defendants in their most complex pharmaceutical and biotech patent cases. Over the last 20 years, pharmaceutical and biotechnology innovators have relied on Irena again and again for cases involving small molecules, biologics, recombinant DNA technology, gene therapy, gene editing, manufacturing processes, formulations and drug-eluting medical devices, including numerous multi-billion dollar cases involving many of the world’s best-selling drugs.
Irena has significant experience in litigation under the Hatch-Waxman Act (ANDA and 505(b)(2) actions) and the Biologics Price Competition and Innovation Act (BPCIA), as well as inter partes review (IPR) proceedings, license disputes and matters with parallel ex-U.S. litigation and proceedings in foreign patent offices. Irena also helps life sciences companies and organizations develop the law in the most important cases for the biopharma industry. She has been principal counsel on numerous amicus briefs to the United States Supreme Court and the Federal Circuit in key biopharma cases.
For plaintiffs, Irena has successfully defended generic challenges to patents protecting blockbuster medical therapies, including multi-billion dollar cancer, antiviral, diabetes and anti-psychotic drugs, including recently obtaining attorneys’ fees in a hard-fought ANDA action. She also represents innovators in biosimilar litigation from its outset, including in some of the first cases under the BPCIA involving antibodies. Irena also represents clients in innovator vs innovator disputes. For defendants, she defeated a $530 million claim of patent infringement of a competitor’s biotech patent, obtaining dismissal of all claims and discovery sanctions against the patent owner. In another high-stakes case, she obtained summary judgment of noninfringement and exclusion of plaintiff’s experts under Daubert as well as a full award of attorneys’ fees. A registered patent attorney, Irena also handles inter partes review (IPR) proceedings. For patent owners, she has obtained denial of IPR for patents protecting blockbuster drugs and has leveraged IPR for defendants to obtain freedom to operate.
Irena also coordinates U.S. proceedings with parallel ex-U.S. litigation and proceedings in foreign patent offices, recently obtaining freedom to operate for a biotech innovator’s gene therapy. She provides strategic counseling in biologics and pharmaceuticals and advises clients on their IP portfolios and transactions. Irena also represents clients in high-stakes license disputes involving biotech patents, and, in a dispute concerning the use of a recombinant protein as an enzyme replacement therapy, obtained one of the largest settlement awards over the life of the contract.
Chambers USA has recognized Irena as a leading lawyer in intellectual property, where clients have described her as “excellent,” “knowledgeable, aggressive,” “knows the science forward and backward” and “an incredibly smart lawyer.” Benchmark Litigation named her one of the “Top 250 Women in Litigation” for the last eight years and a litigation star in intellectual property. Irena was also named to the Crain’s New York Business list of “Notable Women in Law.” She is also recognized as a leading lawyer by Legal 500. Irena writes and lectures widely on biopharma patent issues and biosimilar litigation. Irena also is frequently quoted on patent-related issues, including in the Washington Post, Financial Times, Nature Biotechnology, Bloomberg and Pink Sheet.
Washington, D.C.
Washington, D.C.
Noah brings a detail-oriented and analytical approach to complex technical disputes. He has conducted prior art searches, analyzed chemical compositions and manufacturing processes, and drafted detailed infringement and invalidity contentions. Noah’s experience includes preparing expert reports, post-hearing briefs, and trial demonstratives, as well as developing deposition strategies and second-chairing depositions. He has participated in two trials before the International Trade Commission, assisting with examination outlines and trial exhibit negotiations.
Noah earned his J.D. from Columbia Law School, where he served as an editor of the Columbia Science and Technology Law Review. He holds a B.S. in Chemical Engineering, with distinction, from the University of Virginia, where he was a Rodman Scholar. His technical expertise is complemented by proficiency in Matlab, SQL, and other analytical tools. Noah is admitted to practice in New York and Washington, D.C.
Silicon Valley
As a seasoned IP litigator and counselor, Diana’s practice has run the gamut from high stakes trials, to take-down and anti-counterfeiting campaigns, to employee departure and trade secret investigations. She represents clients in District and state courts and before administrative bodies including the ITC and the USPTO. For example, Diana tried and won a complex case in which the other side sought to extend the monopoly of an expired utility patent by claiming trade dress rights in a technical product feature. Drawing upon experience handling both complex patent and trademark matters, her team successfully argued that the intersection of patent and trademark policy prevented the other side from continuing its monopoly, clearing the way for her client to enter the market. With Diana at their side, companies can rest assured that their essential assets are protected, from their core technologies, to assets including their company name, logo, and website.
While at Orrick, Diana was seconded to the City and County of San Francisco, where she had the privilege to serve as an Assistant District Attorney, and first-chair several trials. She was also seconded to Salesforce, where she learned first-hand that the law comprises just one component of a company’s overall business strategy.
Diana is also passionate about her pro bono work. For example, she represented two detainees in Guantanamo in connection with their petitions for a writ of habeas corpus, and she is currently working with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. Before joining the firm, Diana worked for the Legal Aid of Cambodia where she assisted with the prosecution of former Khmer Rouge officials and represented individuals who sought to reclaim land rights.
Diana is a member of the International Trademark Association, of ChIPs: Advancing Women in IP and of the Harvard Club of San Francisco.