Joshua B. Brady

Shareholder

Clients rely on Josh Brady to identify, protect, and enforce their most valuable competitive advantages - their intellectual property.

Nixon Vanderhye Shareholder Josh Brady is an experienced federal litigator and registered patent attorney who provides counsel on a wide range of intellectual property issues to his clients. Josh draws from deep and well-rounded experience, including patent litigation and prosecution, trademark protection and enforcement, licensing and software contracts, and IP counseling. His practice involves technology from a broad range of industries, including pharmaceuticals, chemical and biochemical, medical devices, firearms and weapons systems, defense technologies, software, automotive, and aeronautical.

Josh represents clients in all phases of intellectual property disputes, licensing negotiations, and strategic product development. He assists businesses with identifying and enhancing the value of their intellectual property assets and critical competitive advantages, as well as portfolio management, due diligence, and freedom-to-operate analyses. Many of Josh’s clients, ranging from seed-stage startups to established multinational corporations, seek his assistance with aligning intellectual property strategies with their business goals. Josh also helps government contractors protect and enforce intellectual property rights in connection with performance under federal contracts and teaming agreements, even in instances where the U.S. government may be the offending party.

His first-chair litigation experience includes pre-filing investigations, pleadings, and motions drafting; fact and expert discovery motions practice; trial; and settlement negotiations. In addition, Josh has extensive patent prosecution experience in chemical, medical, software, and mechanical arts, including reexamination proceedings and reissue applications. He also draws on his past work in litigating and advising on licensing issues to generate well-rounded strategies for portfolio protection and management.

In the modern world of constantly developing new technologies and increasing reliance on intellectual property assets, Josh has a high aptitude for quickly mastering new fields of technical arts and his clients’ business environment. He was recently named by the International Law Office and Lexology as the winner of the 2018 “Client Choice Award for Intellectual Property: Patents in Virginia,” and is a frequent speaker on various intellectual property topics.

Josh previously served as an intellectual property trial attorney with the Department of Justice, where he represented the federal government in affirmative and defensive patent and trademark infringement suits; trademark registration, licensing and policing; and false patent marking and counterfeit goods cases. He also counseled federal agencies on a wide variety of intellectual property issues.

During his undergraduate studies at Virginia Tech, and law school at the University of Richmond, Josh worked for university technology transfer operations, combining his engineering background with business and legal principles to commercialize academic research.

Experience

  • Represented the United States and its agencies in numerous affirmative and defensive patent and trademark lawsuits and appeals; trademark registration, licensing, and policing; false patent marking; and counterfeit goods cases.
  • Defended a commercial real estate trust in a patent lawsuit over electronic display technology, securing a dismissal for invalidity through summary judgment.
  • Represented a global consumer products manufacturer in patent enforcement lawsuits against competitors.
  • Represented a global fittings and joint manufacturer in multiple patent lawsuits against competitors.
  • Defended an international security device manufacturer in a competitor-initiated patent infringement lawsuit.
  • Represented a jewelry manufacturer and nonprofit association in trademark disputes before the Trademark Trial and Appeal Board.
  • Represented an international furniture manufacturer in a patent infringement lawsuit against attempted knock-off products.
  • Virginia
  • District of Columbia
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Court of Federal Claims
  • Virginia Supreme Court
  • J.D., with honors, University of Richmond, T.C. Williams School of Law , 2006
  • B.S. in Chemical Engineering, Virginia Tech, 2003
  • International Law Office and Lexology, “2018 Client’s Choice Award for Intellectual Property: Patents in Virginia”

Get To Know Josh

What’s the best decision you ever made?

Marrying my wife. She brings out the best in me.

What’s your greatest accomplishment?

Our incredible children.

What are your hobbies?

Indoor and outdoor physical fitness and Crossfit, miniature painting, and tabletop gaming.

What book couldn’t you put down?

Christopher Moore’s Lamb: The Gospel According to Biff, Christ's Childhood Pal.