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 nearly 30 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. Reflecting the depth and prominence of the firm’s 337 expertise, its attorneys have co-authored a leading treatise on Section 337 practice (LexisNexis 2012). By teaming the firm’s ITC specialists with more than 100 additional IP litigators, many of whom have technical training, Covington provides the depth necessary to staff even the most challenging cases. The Covington 337 team includes attorneys with experience inside some of the key government agencies involved in 337 cases, including the Office of United States Trade Representative, which reviews all ITC exclusion orders, the ITC general counsel’s office and the ITC’s office of unfair import investigations. 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.”

Section 337 cases are distinguished not only based on their speed and powerful remedies, but also on the fact that a far greater share of them go to trial than is the case for patent cases in the district courts. Our ITC case teams recognize this from the inception of our engagement -- litigation strategy is developed from its earliest stages by counsel with years of experience inside the ITC’s courtrooms and before its Administrative Law Judges.

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. Our attorneys also have significant experience assisting companies who may be confronted with an exclusion order, including companies that may have been represented by different counsel during the course of an ITC investigation, to ensure that any business impact after the ITC case ends is minimized to the greatest extent possible. Knowledge of the nuances of real-world enforcement from both the complainant and the respondent’s perspective 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 and Korea, clients turn to Covington for their bet-the-company ITC litigation.

Representative Matters

Knowles Electronics (Complainant): Silicon Microphone Packages and Products Containing Same, USITC Inv. No. 337-TA-825.
Samsung Electronics and Samsung LED (Respondent & Complainant): Certain Light-Emitting Diodes and Products Containing Same, USITC Inv. No. 337-TA-785 and 337-TA-798.
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.
Merck & Co., Inc. (Respondent): Certain Vaginal Ring Birth Control Devices, USITC Inv. No. 337-TA-768.
Huawei (Respondent): Wireless Devices with 3G Capabilities and Components Thereof, USITC Inv. Nos. 337-TA-800 and 337-TA-868.

More Representative Matters

Accolades

Chambers Global - Recognized as a leading US International Trade: Intellectual Property (Section 337) and US Intellectual Property Practice (2010-2013). '

Chambers Global - Two attorneys recognized for International Trade (Intellectual Property - Section 337) (2010-2013) and one attorney recognized for Intellectual Property (2006-2013).

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).

Managing Intellectual Property - Recognized our ITC practice as being in its 1st Tier of firms (2013); Recognized in the North American category as the "ITC Litigation Firm of the Year" (2010).

Intellectual Asset Management (IAM) Magazine - Recognized in the “IAM Patent 1000 - The World’s Leading Patent Practitioners” for its National International Trade Commission practice, three attorneys recognized in National - International Trade Commission (2013).

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).

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 Europe - Recognized as a leader in the category: Belgium, Intellectual Property and one attorney recognized for Intellectual Property (2012).
Legal 500 Asia Pacific, Intellectual Property (Foreign Firms) (2013)
Legal 500 US - Recognized as a leading US practice in the areas of Patent Litigation: International Trade Commission and Patent Litigation: Full Coverage (2012-2013).
Legal 500 UK - Recognized in its IP category (2011-2012).
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 of our attorneys is a Past President of the ITC Trial Lawyers Association, the leading bar association for ITC practitioners.