Evan R. Cox

Partner

ecox@cov.com
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Covington & Burling LLP
One Front Street
San Francisco, CA 94111-5356
Tel: 415.591.7073


 

Practices

Industries

Education

  • University of California, Berkeley School of Law, J.D., 1987
    • California Law Review, Senior Articles Editor
  • Michigan State University, B.A., 1982

Bar Admissions

  • California



Evan Cox represents technology companies in complex patent and copyright licensing and advisory matters, combining intellectual property advice and transactional capabilities with twenty five years of antitrust counseling experience.  He has worked extensively with European and Asian as well as US clients and counterparties out of Covington’s Washington, DC, London, and San Francisco offices.

Mr. Cox has strong industry experience in the IT and life sciences sectors.  He has advised clients on the structuring and negotiation of patent licensing and cross-licensing agreements, copyright and content licensing agreements, electronic and physical distribution arrangements, outsourcing agreements, and research and development, production and marketing joint ventures.  He has provided clients with counseling on open source licensing and compliance issues, including associated patent implied license and exhaustion issues.  He has extensive experience with coalition structures, helping clients navigate the unique dynamics and issues arising in industry standard-setting organizations, consortia and special interest groups, patent pools and trade associations, serving as counsel to both individual members and the organizations.

Mr. Cox combines his intellectual property capabilities with extensive antitrust counseling experience, allowing clients to obtain comprehensive advice in one consultation rather than having to consult two lawyers on the same matters.  He has comprehensive knowledge of the intersection between antitrust and intellectual property laws, substantial experience with FRAND, non-disclosure and other standard setting theories, patent pools, and unilateral licensing activities by companies with strong market positions, has participated in litigation teams in these areas, and has successfully represented clients in investigations before the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission, and the European Union's Directorate General for Competition.

Mr. Cox has also worked closely with leading companies and trade associations in the software, publishing, hardware, and pharmaceutical industries on anti-piracy, anti-counterfeiting, and digital rights management strategies and enforcement.  He supervises an in-house team of internet investigators that provide clients with worldwide forensic and notice and takedown capabilities, and provides counseling and litigation support on secondary liability and anti-circumvention issues under the Digital Millennium Copyright Act and comparable international legislation.

Representative Matters

  • Negotiation of inbound and outbound patent licenses and cross-licenses on behalf of software, hardware, content, and cleantech companies.
  • Representation of patent holders and licensees in negotiations with patent pools.
  • IP licensing due diligence on $8.5 billion acquisition of internet technology provider by major software publisher.
  • Representation of mortgage service provider in negotiation of outsourcing contracts for database and client portal functions.
  • Providing antitrust advice to life sciences and cleantech companies in negotiation of joint research and development, marketing and distribution joint venture agreements.

Honors and Rankings

  • IAM Patent 1000 - The World’s Leading Patent Practitioners (2012)
  • Legal 500 US, Intellectual Property - Patent Licensing & Transactional (2013-2014) and Technology: Transactions (2014)
  • Northern California Super Lawyers, Intellectual Property (2008, 2012-2013)

Pro Bono

  • The Nature Conservancy, providing advice on regulatory compliance issues and intellectual property matters in support of its activities in California, Hawaii and the Asia-Pacific region.
  • An Iraq War veteran in successful petition for Combat Related Supplemental Compensation for PTSD disability.
  • New Blankets, Inc. in establishment of non-profit and provision of copyright and contract advice for range of open source and open technology educational initiatives.
  • The California Medical Association, contributing to a brief amicus curiae to the U.S. District Court for the Northern District of California in Planned Parenthood Federation of America v. Ashcroft.

Memberships and Affiliations

  • Boalt Hall Alumni Association - past President and Board member
  • Co-chair, Programs Subcommittee, Technical Standardization Committee, ABA Section of Science & Technology Law
  • Berkeley Center for Law & Technology, Advisory Board Member
  • Center for Youth Development Through Law (a group that provides paid summer internships, legal-oriented courses, and life skills workshops to inspire at-risk students from East Bay high schools to pursue college education), Board Member

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