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Joseph Elks

Senior Associate

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Experience

Joseph has extensive experience in both advising and acting in intellectual property disputes in Australia and the United States.

Joseph also has experience in advising in competition law disputes, commercial litigation, and actions involving tax regulatory authorities.

His experience extends across all aspects of intellectual property protection including patents, copyright, trade marks, passing off, and consumer law, and spans across industries including consumer goods, pharmaceuticals and life sciences, telecommunications, semiconductors and computer software.

He has acted for major national and international clients in both enforcing and challenging intellectual property rights.

Joseph’s experience in Australia includes:

  • acting for Apple in its tablet and smartphone patent litigation with Samsung in Australia
  • acting for a global telecommunications equipment company in Federal Court litigation involving allegations of patent and copyright infringement
  • acting for a leading FMCG client in relation to trade mark and patent disputes before Patents Office and the Federal Court
  • acting for Ariosa Diagnostics, Inc. (part of the Roche group) in the Full Federal Court relating to non-invasive prenatal DNA testing
  • acting for Apotex in complex patent litigation relating to the generic launch of drugs including Gliclazide

Joseph’s experience in the United States includes:

  • acting for Apple and Intel in relation to various disputes involving allegations of patent infringement, antitrust law, and FRAND issues in the International Trade Commission, Northern District of California, and the San Diego District Court
  • acting for Intel and Ibiden with respect to a patent infringement action brought by a patent assertion entity in the District Court of Arizona relating to semiconductor technology
  • acting for T-Mobile in relation to an infringement proceeding in the Eastern District of New York with respect to a patent relating to 4G technology
  • acting for Omega and Swatch in relation to a jury trade mark infringement trial in the Southern District of New York

 

Background

Joseph completed his Bachelor of Laws (Hons I) and Bachelor of Commerce at the University of Queensland. In 2015, Joseph received the Hauser Global Scholarship to study a Master of Laws in IP and Competition Law at the New York University, where he received the Frank T. Diersen Award for graduating first in the program.

In Australia, Joseph is admitted to practice in the Supreme Court of NSW and the High Court of Australia. In the United States, Joseph is admitted to practice in New York State, the Southern District of New York, and the Federal Circuit.