Joshua J. Fougere

Joshua J. Fougere is a partner in Sidley Austin LLP's Supreme Court, Appellate, and Litigation Strategies practice, with significant experience in intellectual property and patent litigation. His practice encompasses a broad range of technology areas, including gaming technology, operating system features, networking, and the processing of financial transactions. He also has experience with appellate matters involving biotechnology and pharmaceutical patents.

Fougere demonstrates a balanced litigation practice, representing both plaintiffs and defendants in patent disputes. Of his five tracked appearances, two were on the plaintiff side and three on the defendant side. His firm profile highlights his work for clients facing high-stakes and complex legal issues at all stages of litigation.

He has a notable track record in appellate patent litigation. Fougere successfully argued on behalf of Microsoft in a long-running case concerning operating system patents, where the Patent Trial and Appeal Board (PTAB) found the asserted claims invalid, a decision later affirmed by the Federal Circuit. He also served as lead appellate counsel for Block, Inc., securing a ruling that found asserted claims related to financial transaction processing ineligible under 35 U.S.C. § 101. In 2026, he was recognized with the "Impact Case of the Year" award and as a finalist for "Practitioner of the Year – Appellate" at the Managing IP Americas Awards. He further secured "two significant appellate victories in two days" in June 2025, including a Federal Circuit win for Microsoft and a Third Circuit win for Amgen related to patent infringement discovery.

Fougere is experienced in PTAB proceedings, as evidenced by his involvement in cases where the PTAB has issued invalidity findings. He also handles appeals stemming from inter partes reexaminations and is currently involved in IPR proceedings related to Light & Wonder, Inc. v. Evolution Malta Limited.

He is admitted to practice in D.C. and New York, as well as before numerous U.S. Courts of Appeals, including the Federal Circuit, and the U.S. Supreme Court. Fougere earned his J.D. from Columbia Law School in 2009 and his A.B. from Dartmouth College in 2003.