Patent litigation attorney

Joshua M. Dalton

4 tracked appearances 0 plaintiff · 4 defendant.

Specialty & background

Practice focus and orientation. Joshua M. Dalton is a Boston-based IP litigator whose patent docket spans wearables and consumer electronics, medical-device/physiological-monitoring technology, smart-glasses/AR hardware, and pharmaceutical patent disputes. All four tracked appearances are defense-side (4–0), and his firm bio confirms a heavy defense orientation: he represents operating companies against NPE/"troll" suits (including a major online retailer) and has handled a broad range of technical subject matter — food processing, telecommunications, medical devices, sporting equipment, and explosives-detection systems — plus some plaintiff-side work (e.g., a national options exchange). His practice is not limited to patents; he co-leads Morgan Lewis's trademark/copyright litigation group and handles trade secret and false advertising cases.

Firm context and PTAB/IPR experience. Dalton is a partner at Morgan, Lewis & Bockius LLP (Boston), where he heads the Boston IP practice; per his firm bio, he joined from another international firm where he co-chaired the IP group and co-managed the Boston office. He is active in PTAB proceedings as part of defense strategy: in the tracked matters he has defended clients in parallel IPR/PGR challenges, including WHOOP's successful PGR institution against an Omni MedSci wearable patent (PGR2026-00003) and Biofrontera's IPR campaign against Sun Pharma's patents. His public profile, however, emphasizes district court, appellate, and TTAB work rather than PTAB-centric practice.

Notable tracked cases. (1) Omni MedSci, Inc. v. WHOOP, Inc. (D. Del., lead counsel for WHOOP) — NPE suit over optical physiological-monitoring patents; Dalton secured partial dismissal of pre-suit willfulness/indirect-infringement theories, and WHOOP's parallel PGR was instituted while related Omni patents had already been invalidated at the PTAB (affirmed by the Federal Circuit in the Apple/Samsung litigations). (2) Solos Technology Ltd. v. Meta Platforms, Inc. et al. (D. Mass., lead/local counsel for Oakley/EssilorLuxottica) — a smart-eyewear patent suit seeking multibillion-dollar damages; Morgan Lewis beat Solos's disqualification motion in April 2026, and Solos has appealed to the Federal Circuit. (3) Sun Pharmaceutical Industries, Inc. v. Biofrontera Inc. (D. Mass., lead counsel for Biofrontera) — a photodynamic-therapy pharma dispute; the PTAB invalidated all challenged claims of Sun's '028 patent in a February 2026 final written decision, and Sun's own PGR against Biofrontera's patent was denied on discretionary grounds in May 2026.

Bar and education. Dalton is admitted in Massachusetts (1997) and before the Federal Circuit, First Circuit, and the district courts for Massachusetts and the Eastern District of Michigan; he holds a Harvard Law J.D. (1997, magna cum laude) and a University of Utah B.S. (1993). He has been ranked by Chambers USA for Massachusetts IP and listed in Best Lawyers since 2014.

Firms

Roles

  • lead counsel2
  • Lead Counsel1
  • local counsel1

Cases (4)