Joseph R Re

Practice Areas

Antitrust & Patent Misuse Litigation

Opinions & Counseling

Appellate Litigation

ITC Litigation

Medical Device Litigation

Trade Secret & Employment Mobility Litigation

Trademark & Brand Protection Litigation

Patent Office Litigation

Career

Mr. Re is a nationally recognized trial and appellate attorney, having tried numerous high-stakes technology cases in the federal courts throughout the country for well over thirty years.

Mr. Re's trial success before juries has been extraordinary. In two of the most successful patent cases presented to juries, Mr. Re led Knobbe Martens trial teams to help the firm’s longstanding client Masimo protect its ground-breaking patient-monitoring technology. In the first trial, a Los Angeles jury awarded over $134 million against Masimo’s primary rival, Nellcor. Mr. Re successfully persuaded the appellate court to affirm the award and to order the entry of a permanent injunction. Those victories allowed Masimo to settle the case, garner hundreds of millions in damages and ongoing royalties, and go public. In the second trial, Mr. Re and his colleagues asserted Masimo’s patents against patient-monitoring giant Philips before a Delaware jury. That jury awarded Masimo over $466 million and rejected Philips infringement claims for $169 million. The verdict was featured in The National Law Journal's "Top Verdicts of 2014" as the top intellectual property verdict. After the district court upheld the verdict, and set additional claims for trial, the parties settled in a blockbuster deal where Philips paid Masimo $300 million and agreed to a multi-year joint marketing and sales program in which Philips would integrate Masimo technologies in its patient monitors.

Mr. Re is also an experienced appellate advocate, often selected to argue appeals in cases handled by his colleagues and other law firms. He has argued dozens of appeals over the past thirty years, the bulk of which were before the United States Court of Appeals of the Federal Circuit on behalf of both patent holders and accused infringers involving all kinds of technologies.

Mr. Re served as the President of the American Intellectual Property Law Association and the Federal Circuit Bar Association. He also served on the Federal Circuit’s Advisory Council from 2005 to 2014. Mr. Re has also written and spoken extensively on patent law and federal practice and procedure. Since 1990, Mr. Re has authored numerous appellate briefs on behalf of the American Intellectual Property Law Association as amicus curiae before the Supreme Court of the United States and various appellate courts.

The National Law Journal named Mr. Re as one of the "100 Most Influential Lawyers in America" and as a "Winning Litigator" The Daily Journal has repeatedly named Mr. Re as one of the top "100 Leading Lawyers in California." In 2015, Mr. Re was recognized as "MVP of the Year – Intellectual Property" by Law360. Prior to joining Knobbe Martens, Mr. Re served as a law clerk to the Honorable Howard T. Markey, the first Chief Judge of the United States Court of Appeals for the Federal Circuit.

Professional Memberships

United States Court of Appeals for the Federal Circuit

- Advisory Council (2005-2015)

Federal Circuit Bar Association

- President (2008-2009)

- President-Elect (2007-2008)

- Vice President (2006-2007)

- Treasurer (2004-2006)

- Board of Directors (2001-2004)

American Intellectual Property Law Association (AIPLA)

-President (2020-2021)

-President-Elect (2019-2020)

-First Vice President (2018-2019)

-Second Vice President (2017-2018)

- Board of Directors (2003-2006)

- Chairman of the Amicus Committee (1997-1999)

- Authored numerous amicus curiae briefs for AIPLA in landmark patent cases such as Markman, Festo, Cardinal Chemical, Florida Prepaid, College Savings Bank, Microsoft v. AT&T, and Gunn v. Minton, each before the Supreme Court of the United States

Publications

Quoted in, "Industry Commenters Say Minerva Ruling is a Win for Employee Mobility," by IPWatchdog (June 2021)

Quoted in, "Justices Lean Toward Limiting, Not Eliminating, Assignor Estoppel Doctrine in Minerva v. Hologic," by IPWatchdog (April 2021)

Quoted in, "What To Watch As Justices Eye Restriction On Patent Attacks," by Law 360 (April 2021)

Quoted in, "Supreme Court Case Pits Inventors Against Their Former Employers," by Bloomberg Law (April 2021)