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 RAND licensing 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
- 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.
- Patent Disclosure Issues. Covington attorneys have advised various clients on the application of patent disclosure policies of a number of standard setting bodies. Such advice has included whether to disclose certain patents as relevant, and the offensive and defensive reaction to alleged failures to disclose relevant patents in pre-litigation and litigation contexts.
- RAND Litigation. Covington attorneys have advised on and engaged in extensive litigation concerning RAND issues. Most recently, Covington served as counsel for DTS, Inc. in arbitration and related antitrust litigation with Zoran Corporation over the scope of an obligation to license Blu-ray technology on RAND terms.
- 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.
- Microsoft. Covington attorneys have represented Microsoft in connection with over 50 different standard setting bodies and initiatives on matters including negotiation of IP policies, founders agreements, implementers licenses and antitrust challenges.
Accolades
- 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).
- 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).
- Chambers Europe - Recognized as a leader in the category: Belgium, Intellectual Property and one attorney recognized for Intellectual Property (2012).
- Legal 500 US (2011) - Recognized as a leading US practice in the areas of Copyright, Trade Secrets, Patent Licensing and Transactional, Patent Litigation: Full Coverage, Patent Litigation: International Trade Commission, Patent Prosecution: Utility and Design Patents, Trademarks: Litigation and Trademarks: Non-Contentious (2011).
- Legal 500 UK - IP (2011-2012)
- The Practical Law Company (PLC) - Which Law Firm?, Intellectual Property, Commercial Intellectual Property (2009)
- PLC - Life Sciences, Which Lawyer? - One attorney recognized for Intellectual Property (2005-2009).
- International Who's Who of Business Lawyers - Two attorneys recognized for Patent (2008).
- Legal 500 EMEA, Intellectual Property - Belgium (2011-2013)
- European Legal Experts - One attorney recognized for Intellectual Property (Brussels) (2006).
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