Covington & Burling LLP | Practices, Industries & Regions

In today's global economy, strategies that successfully leverage and defend valuable intellectual property rights are not confined by national borders. Drawing on our unparalleled experience in intellectual property, international trade issues and government relations, Covington offers comprehensive business solutions through integrated international IP counseling, litigation, and enforcement.

Covington's attorneys have appeared in over 70 Section 337 cases spanning more than 25 years, including some of the largest and most high-profile matters to have come before the ITC. More than 30 of our attorneys have significant past ITC experience, providing the depth necessary to staff even the most challenging cases. The Covington 337 team includes a former senior official from the Office of United States Trade Representative, which reviews all ITC exclusion orders. This depth and cumulative experience are critical in the setting of fast paced, high-stakes litigation – where discovery lasts only a few months and the case is brought to trial in 8-10 months, there is little room for “learning on the job.”

In addition to our track record of successfully litigating original investigations before the ITC, our attorneys routinely remain involved after an order issues, and have significant practical experience in working with Customs and the ITC to properly implement and enforce both limited and general exclusion orders. Knowledge of the nuances of real-world enforcement translates directly into increased efficiency in preparation and case management, more effective results-focused litigation strategy, and better business outcomes at the border after an exclusion order issues.

Drawing on the strengths of a dedicated and knowledgeable team of full-time Section 337 attorneys in Covington's Washington, DC office, highly regarded IP litigators and attorneys with technical backgrounds throughout the firm, and local presence in key foreign countries such as China, clients turn to Covington for their bet-the-company ITC litigation.

Representative Matters

Semiconductor/Electronics

Samsung LED (Complainant): Certain Light-Emitting Diodes and Products Containing Same, USITC Inv. No. USITC Inv. No. 337-TA-798.
Samsung Electronics and Samsung LED (Respondents): Certain Light-Emitting Diodes and Products Containing Same, USITC Inv. No. 337-TA-785.
Samsung (Respondent): Certain MLC Flash Memory Devices and Products Containing Same, USITC Inv. No. 337-TA-683.
UMC, ProMOS, Microchip, Micronas and Dongbu HiTek (Respondents; multiparty representation): Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648.
Seagate Technology (Respondent): Hard Disk Drives, Components Thereof, and Products Containing the Same, USITC Inv. No. 337-TA-616.

Software

Realtek (Respondent): Network Controllers, USITC Inv. No. 337-TA-531.
MStar Semiconductor (Respondent): Display Controllers with Upscaling Functionality and Products Containing the Same, USITC Inv. No. 337-TA-481.

Chemical/Life Sciences

Merck & Co., Inc. (Respondent): Certain Vaginal Ring Birth Control Devices, USITC Inv. No. 337-TA-768.
Roche (Respondent): Recombinant Human Erythropoietin, USITC Inv. No. 337-TA-568.
Kumho Petrochemical Co., Ltd (Respondent): Rubber Antidegradants, Components Thereof and Products Containing Same, USITC Inv. No. 337-TA-533.

Media/Telecom

Samsung (Respondent): Electronic Devices, Including Handheld Wireless Communication Devices, USITC Inv. No. 337-TA-673.
FujiPhoto Film Co. (Complainant): Lens-Fitted Film Packages, USITC Inv. No. 337-TA-406.

Retail Products

Phillip Morris (Complainant): Cigarettes and Packaging, USITC Inv. No. 337-TA-643.
Arm’s Reach Concepts, Inc. (Complainant): Bassinet Products, USITC Inv. No. 337-TA-589.
Old Dominion Footwear, Inc. (Respondent): Foam Footwear, USITC Inv. No. 337-TA-567.

Mechanical

Eaton Corp. (Complainant): Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks and Components Thereof, USITC Inv. No. 337-TA-503.
New Holland North America, Inc. (Complainant): Agricultural Tractors, Lawn Tractors, Riding Lawnmowers and Components Thereof, USITC Inv. No. 337-TA-486.
Cognex Corporation (Complainant): Machine Vision Systems, Parts and Components Thereof, and Products Containing Same, USITC Inv. No. 337-TA-484.

More Representative Matters

Accolades

The National Law Journal - Recognized on the Intellectual Property Hot List (2012)
Chambers Asia - Recognized as a leader in the category China: Intellectual Property, and Telecommunications & Broadcasting International Firms (2012).
Chambers Global - Recognized as a leading US International Trade: Intellectual Property (Section 337) and US Intellectual Property Practice (2010-2012).
Chambers Global - Two attorneys recognized for International Trade (Intellectual Property - Section 337) (2010-2012) and one attorney recognized for Intellectual Property (2006-2012).
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) (2009-2011).
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 (2009-2011).
The Best Lawyers in America - Six attorneys recognized for Intellectual Property Law (2007-2012).
Daily Journal - Two attorneys recognized among the Top IP Litigators in California (2008-2011).
Legal 500 US - Recognized as a leading US practice in the areas of Patent Litigation: International Trade Commission and Patent Litigation: Full Coverage (2011).
Legal 500 UK - Recognized in its IP category (2012).
Managing Intellectual Property Global Awards - Recognized in the North American category as the "ITC Litigation Firm of the Year" (2010).
Who's Who Legal - Four attorneys recognized in the area of Patents (2009)
PLC - Life Sciences, Which Lawyer? - One attorney recognized for Intellectual Property (2005-2009).
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.