Bench Strength. Our patent litigation practice consists of more than 130 patent litigators strongly concentrated on both the East and West Coasts, with over 80 lawyers in Washington and New York, 40 in San Francisco/Silicon Valley, and 10 in San Diego. Collectively, Covington lawyers have litigated in excess of 500 patent cases over a wide range of technologies.
Trial Depth. We have built a successful trial practice. Over the years, our experienced litigators have established a successful track record of trial wins for our clients. Additionally, our attorneys have also obtained great success for our clients in appellate and arbitration venues. Two of our senior patent litigators are members of the American College of Trial Lawyers.
Geographic Reach. We have litigated cases in every significant patent jurisdiction in the country, including the Eastern District of Texas, Delaware, California, New York, New Jersey, the Federal Circuit, and the International Trade Commission. The co-chair of our patent litigation practice is a former United States District Court Judge for the District of Delaware who presided over more than 200 patent infringement cases while on the Bench.
Industry Knowledge. We have been lead counsel in patent infringement cases throughout the country involving disputes covering a wide range of industries, including computer and electronics, software, financial services, telecommunications, pharmaceutical, medical device, biotechnology, chemical, metallurgical, and mechanical. We have also prosecuted numerous patents in these industries and have prepared reexamination requests as well as handled reexaminations.
Technical Expertise. We have married effective advocacy with substantive expertise. More than 50 of our litigators have clerked for federal trial and appellate judges, and more than 70 of our patent litigators have technical degrees in areas such as computer engineering, computer science, mathematics, mechanical engineering, electrical engineering, chemical engineering, biochemistry, chemistry, immunology, microbiology, molecular and cell biology, pharmacology and physics.
Broad Resources. We draw on Covington’s traditional strengths as one of the world’s leading law firms, including its litigation, antitrust, FDA, communications, and technology practices. Our depth of experience allows us to handle matters in a cost-effective manner, with lean staffing and cross-office collaboration leading to efficient and complete coverage.
Representative Matters
- Representation of Johnson & Johnson subsidiary, Ortho-McNeil, in an ANDA case brought against Barr relating to a patent covering Ortho Tri-Cyclen ® Lo, an oral contraceptive. Trial was adjourned when settlement discussions began the first day of trial. When settlement did not materialize, we moved for a preliminary injunction and a recall of the infringing product, which had already been sent to distributors and pharmacies, and it was granted. We subsequently obtained a highly favorable settlement for our client.
- Representation of Samsung Electronics Co., Ltd. in a number of patent litigation matters, in both U.S. District Courts and the U.S. International Trade Commission, involving technologies such as DLP televisions, MLC flash memory, printer software, and cellular telephones.
- Representation of Microsoft in patent litigation matters involving a variety of software and related technologies, including securing a summary judgment of non-infringement in a case concerning handheld computers running a version of Microsoft Windows.
- Representation of sanofi-aventis in litigation against two generic companies concerning patents relating to the cancer drug Taxotere®, a cytotoxic drug administered by IV and used to treat five tumor types--breast, lung, prostate, stomach, and head/neck.
- Representation of multiple manufacturers of flash memory devices, and key components thereof, in the International Trade Commission (ITC) Section 337 Investigation Flash Memory Controllers, Drives, Memory Cards, and Media Players and Products Containing Same.
- Representation of Hewlett-Packard in patent litigation matters involving blade servers, modular computer systems, and network gateway devices.
- Representation of Monsanto in a patent infringement, breach of contract, and antitrust suit against E.I. DuPont DeNemours & Co. involving herbicide-resistant genetically modified crops.
- Representation of JPMorgan Chase in patent litigation brought in the Eastern District of Texas by LML Patent Corp. relating to electronic transactions on credit and debit accounts.
- Representation of Thomson Corporation and i-Deal in obtaining the reversal of an $85 million judgment and permanent injunction in a patent case, handled by a different firm, involving electronic municipal bond auctions.
- Representation of Ethicon and DePuy Mitek in an arbitration involving two patents related to RF electrosurgical devices used for arthroscopic procedures. ArthroCare asserted invalidity counterclaims and both sides had significant breach of contract claims. After a seven day hearing, the arbitration panel issued a unanimous opinion that ruled in our clients’ favor on every issue, rejected ArthroCare’s counterclaim against DePuy Mitek and required ArthroCare to pay our clients’ fees and costs.
Accolades
- California Lawyer named Robert Haslam as “Attorney of the Year” (2012).
- Chambers Global - Recognized as a leading US Intellectual Property and a leading International Trade - Section 337 Practice (2010-2013).
- Chambers Global - One attorney recognized for Intellectual Property (2006-2013), two attorneys recognized for International Trade: Intellectual Property (Section 337) (2010-2013).
- Chambers Europe - Recognized as a leader in the category: Belgium, Intellectual Property and one attorney recognized for Intellectual Property (2012).
- Chambers USA's - America's Leading Business Lawyers - Recognized for its Intellectual Property practice nationwide, as well as in California and Washington, DC; Five attorneys recognized for Intellectual Property (2009-2013).
- Chambers USA's - America's Leading Business Lawyers - Recognized for its International Trade: Intellectual Property (Section 337) practice nationwide; two attorneys recognized for International Trade: Intellectual Property (Section 337) (2009-2013).
- The National Law Journal - Recognized on the Intellectual Property Hot List (2012)
- The Best Lawyers in America - Six attorneys recognized for Intellectual Property Law (2007-2013).
- Daily Journal - One attorney recognized among the Top IP Litigators in California (2013).
- U.S. News Media Group and Best Lawyers, Litigation - Patent: National, San Francisco and Washington, DC first tier ranking (2013)
- Intellectual Asset Management (IAM) Magazine - Recognized in the “IAM Patent 1000 - The World’s Leading Patent Practitioners” for its National litigation and International Trade Commission practices, DC Metro Area litigation practice, and California litigation. Four litigators recognized in California, six litigators recognized in DC Metro Area and three litigators recognized in National - International Trade Commission. (2013)
- Legal 500 Asia Pacific, Intellectual Property (Foreign Firms) (2013)
- Legal 500 US - Recognized as a leading US practice in the areas of Patent Litigation: Full Coverage and Patent Litigation: International Trade Commission (2012-2013).
- Legal 500 UK - Recognized in its IP category (2011-2012).
- Managing Intellectual Property Global Awards - Recognized our ITC practice in its 1st Tier of firms (2013); Recognized in the North American category as the "ITC Litigation Firm of the Year" (2010).
- One partner is a member and former chair of the Northern District of California patent rules committee.
- Two of our Covington partners are Fellows of the American College of Trial Lawyers and one was elected a Vice Chair of the Complex Litigation Committee.
- One partner served as a United States District Court Judge for the District of Delaware for ten years presiding over 200 patent infringement cases, including more than 30 patent infringement jury trials.
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