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Covington attorneys appear regularly as lead counsel for parties in major arbitrations related to patent disputes, whether conducted under the auspices of the American Arbitration Association (AAA), other leading arbitral institutions, specialized industry associations, or ad hoc rules.
Representative Matters
- 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.
- Representation of DTS, Inc. in arbitration and related antitrust litigation over obligation to license Blu-ray technology on FRAND terms to Zoran Corporation.
- Representation of GPC Biotech in an arbitration resulting in complete defense victory for client in licensing dispute where licensor sought termination of license agreement and tens of millions of dollars in damages.
- Representation of Maxygen in an arbitration involving “gene shuffling” where the arbitrator issued an injunction against opponent Enchira Biotechnology through 2017. Maxygen was declared to be the exclusive owner of the technology as against Enchira, and was awarded attorneys fees and costs.
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