Covington attorneys counsel clients on the full range of cutting-edge issues that arise in the negotiation, licensing, and litigation over industry standards, with particular emphasis on software, hardware and communication standards driven by interoperability needs. Clients rely on us to represent them in all aspects of the standard-setting process, from the formation of new standard-setting consortia to the governance of existing organizations, the negotiation of licenses to implement standards from both the licensor and licensee sides, and compliance with patent disclosure and IPR policies.
Our experience covers not only US activities, but also the major European, Asian and international standard setting bodies as well as government-led standards intervention in emerging markets such as China We also represent clients in complex standards litigation, including antitrust cases involving allegations of exclusionary or deceptive conduct and failure to honor RAND licensing obligations.
Covington’s litigators, regulatory lawyers and transactional attorneys pool their efforts with our experts in intellectual property law, antitrust law (including European and Asian competition law), and international trade law to deliver full-service, seamless representation.
Representative Matters
- GlobespanVirata v. Texas Instruments. A team of Covington litigators represented GlobespanVirata (now part of Conexant Systems, Inc.) in litigation in the District Court of New Jersey alleging that Amati Communications (and its acquirer, Texas Instruments) violated federal and state antitrust and other laws by manipulating the standard-setting process relating to DSL modems and by failing to license its essential patent claims on reasonable and non-discriminatory (RAND) terms. The case settled in April 2006.
- Advanced Access Content System. Covington attorneys represented Microsoft in the negotiation of the governance and implementer licensing agreements with fellow founders Disney, Intel, IBM, Matsushita, Sony, Toshiba and Warner to develop a new DRM standard to protect next generation high-definition movie content, including the BluRay and HD-DVD optical disk formats.
- Boeing. Covington attorneys have represented Boeing in the negotiation of several governance and licensing agreements related to the implementation of software based e-business databases and systems standards for use throughout the airline industry.
- Standards in China. Covington attorneys have helped our clients develop and implement strategies to respond to concerns that standards-related efforts in China are erecting barriers to trade and impeding U.S. exports to China. We regularly represent clients on these issues before the US Government and are active in numerous trade and professional associations on these issues.
- Policy Initiatives. Covington’s attorneys have worked closely with companies and trade associations to formulate responses to governmental initiatives in the standard-setting arena, including work relating to the FCC’s Broadcast Flag standard and efforts in the European Union and elsewhere relating to “open standards."
Accolades
- The Best Lawyers in America - Three attorneys recognized for Intellectual Property Law (2007-2008).
- Legal 500 EMEA, 2006-2007, Intellectual Property (Belgium) - "Covington & Burling LLP 'provides a high-quality, cost-effective work product' according to one client. Regulatory concerns are ably dealt with through the firm's legislative experience, and the firm is a good choice for litigation, particularly in relation to electronic media" (2007).
- Chambers USA's - America's Leading Business Lawyers - One attorney recognized for Intellectual Property (2006-2008).
- International Who's Who of Business Lawyers - One attorney recognized for Patent (2005-2007).
- PLC - Life Sciences, Which Lawyer? - One attorney recognized for Intellectual Property (2005-2008).
- European Legal Experts - One attorney recognized for Intellectual Property (Brussels) (2006).
- PLC Global Counsel 2006 - Global Counsel Magazine, “The Life Sciences Industry Super League” - ranked number one in the world, 23 Covington lawyers were recommended as leaders in their fields, including seven lawyers in Europe.
- European Legal 500, Intellectual Property (Belgium) - “…Covington & Burling has a successful IP regulatory practice, the firm also undertakes high-end litigation in the Belgian courts” (2005).
- Legal 500, Commercial Litigation (EU) - “Covington & Burling is ‘business-orientated and user-friendly.' The lawyers are ‘efficient and responsive.’ Areas of expertise include complex commercial contracts, IP, life sciences, product liability, wrongful denials of insurance coverage and environmental torts” (2005).
- One of our Covington partners is a Fellow of the American College of Trial Lawyers and vice chair of the Complex Litigation Committee.
- Another partner served as a United States District Court Judge for the District of Delaware for ten years presiding over 100 trials.
- In 2005, Covington was awarded “Best Achievement in Protecting IP on the Internet” at the WORLDleaders European Awards.
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