Joshua C. Krumholz is the leader of Holland & Knight’s Intellectual Property Group. As a trial attorney focusing primarily upon patent litigation, Mr. Krumholz’s patent litigation experience covers a variety of technologies and jurisdictions. Technology with which he has been involved has included, among other areas, software, hardware, computer chip wafer processes, cancer treatments, air jet technology and consumer goods. His complex commercial experience includes partnership tax disputes, healthcare disputes and antitrust matters. Mr. Krumholz has litigated matters throughout the country, including Massachusetts, New York, New Jersey, Texas, Illinois and California, among other jurisdictions.
Representative Patent Litigation Matters:
Callaway Golf Co. v. Acushnet Golf Co. (D. Del.). Lead counsel representing Acushnet Golf Co. in lawsuit brought by Acushnet's key competitor involving golf clubs.
Juxtacomm Technologies, Inc. v. Ascential Software Corp. (E.D. Tex.). Lead counsel representing CA, Inc. (formerly known as Computer Associates) in multi-party patent litigation involving ETL software.
Anthurium Solutions, Inc. v. MedQuist, Inc., et. al (E.D. Tex.). Lead counsel representing plaintiff in lawsuit against three companies in the medical transcription field for infringement of patent that claims an automated workflow for the processing of customer job requests by third parties.
Atico Inc. v. Master Lock Co. (S.D. Fla.). Lead counsel representing Master Lock in lawsuit brought on patent claiming an illuminated pad lock, where the illumination is triggered by the movement of the combination dial on the lock.
Sulzer Textile AG, et al. v. Picanol N.V. (E.D. Tex.). Lead counsel representing a Belgian maker of high speed, high-end weaving machines sold throughout the United States and the world. After a two and a half week jury trial, the jury returned a defense verdict for our client, finding that our client did not infringe either of the asserted patents.
Cushion Technologies, LLC v. American Sporting Goods, Corp. (E.D. Tex.). Lead counsel representing Tecnica Inc. and Tecnica S.p.A in lawsuit concerning the construction of shoe soles.
Electronics for Imaging, Inc. v. Harlequin Limited, et al. (N.D. Cal.). Lead counsel representing a software developer in two related actions, one claiming patent infringement and the other under the Lanham Act involving customer communications. The patents-at-issue claimed methods and structures for software used to control color reproduction by output devices, such as printers and copiers.
Skis Rossignol S.A. v. Völkl Sports Gmbh and Co., et al. (E.D. Va.). Lead counsel representing a ski manufacturer in litigation brought in the "rocket docket" in Virginia on a patent claiming a newer and more efficient structure for the transmission of energy from ski boot to ski.
Soitec, S.A. v. Silicon Genesis Corporation (D. Mass.). Working with another law firm, acting as a trial consultant, developing strategy, identifying issues and preparing witnesses. The patent covered a method for manufacturing silicon-on-insulator ("SOI") wafers. The jury returned a verdict invalidating the patent.
Other Representative Matters:
St. Vincent’s Hospital v. Fallon Community Health Plan (Massachusetts arbitration). Lead counsel representing Tenet Healthcare in two related arbitrations against Fallon Community Health Plan regarding a determination of rates to be paid for comprehensive hospital services, securing multimillion dollar awards in both instances for Tenet.
Ericsson Microwave Systems, AB v. Solectron Corporation and Scrantom Engineering, Inc. (International Court of Arbitration). Represented Ericsson through hearing in an international arbitration in Sweden involving radar equipment attached to military aircraft. Matter settled after hearing.
The Trustees of Boston College v. The Big East Conference (Massachusetts, Connecticut, Florida). Represented Boston College in multiple actions against the Big East and other universities regarding Boston College's decision to withdraw from the conference and join the Atlantic Coast Conference. Secured summary judgment in one action and matters settled shortly thereafter.
Robert Varney and Cheryl Varney v. Janice Scibelli, Black Paw Home Inspection, Inc. and Middleton Real Estate Company, Inc. (Massachusetts state court). Lead counsel representing defendant in six-week jury trial regarding claims of environmental contamination in a residential home. Secured a defense verdict for the client.
Faulkner, et. al v. Arista Records (S.D.N.Y.). Lead counsel representing the former members of the Bay City Rollers in claim for unpaid royalties owed by Arista Records for over twenty-five years.
Spector Associates, Inc. v. Grafica, Inc., et al. (New Jersey state court). Lead counsel representing advertising agency in contract dispute with public relations firm regarding large account for New Jersey State Lottery. After a multi-week jury trial, the jury came back with a de minimis jury award that effectively acted as a defense verdict.
Arianna S., Freesia R., Joab S., and Mikaela R., all minors, by and through their next friend Robert H. Weber, Robert Allen G., and Randall Garside v. The Commonwealth of Massachusetts and the Trial Courts of the Commonwealth of Massachusetts (Massachusetts Supreme Judicial Court). On a pro bono basis, acted as lead counsel representing before the SJC the class of individuals entitled to court-appointed counsel, alleging that the Commonwealth has failed in its constitutional obligation to provide effective assistance of counsel. That lawsuit, along with other parties' efforts, resulted in legislation passed in 2005 that substantially revamped the state's indigent defense system.