Covington trade secret litigators are successful because they are tough, because they are strategic, and because they are experienced both with litigation and with how people create, protect and use confidential information, especially in technology industries. We have been particularly successful in developing and pursuing, as well as defending, trade secret cases arising out of patent infringement litigation. Our trade secret litigators are complemented with lawyers who have negotiated non-disclosure and confidentiality agreements and counseled enterprises on how to protect their proprietary information.
We litigate with expertise in technology industries such as life sciences, computer hardware and software, and communications, so we know where to look for proprietary information and how to show that it has been misappropriated. We understand the incentives in these industries for maintaining trade secret protection and for seeking patent protection despite its disclosure requirements. Our experience encompasses the federal Economic Espionage Act, with its criminal penalties for trade secret misappropriation. We are experienced with the challenges, opportunities and costs of electronic discovery, and have crafted and implemented strategies to use it and defend and take advantage of our adversaries’ efforts to abuse it.
Representative Matters
- We represent National Geographic in trade secret litigation, including a lawsuit and a pending arbitration, in defending against allegations of misappropriation of trade secrets relating to a database schema and functionality and a website.
- We represented Caliper Technologies in trade secret and patent infringement litigation concerning microfluidics technologies. In state court, we won one of the ten largest jury verdicts for that year. Armed with that verdict, we successfully withstood allegations of patent infringement until our client reached a sufficiently favorable settlement.
- For Northrup Grumman, we defended against allegations of misappropriation of proprietary information concerning electrodeless lighting technology. The strength of our defense, both on liability and damages, drove a favorable settlement.
- We represented OPNET Technologies in defending against allegations of patent infringement and in asserting trade secret misappropriation claims against a competitor.
- Representation of Monsanto Company in antitrust/contact litigation concerning genetically modified crops, pesticides, and herbicides in which the case settled favorably to our client shortly after we asserted trade secret misappropriation counterclaims.
- Representation of Visa U.S.A. in a declaratory relief action against VeriSign for non-infringement of trademark, and in a trade secret misappropriation action, involving service for authenticating identity of a payment card holder in an online transaction.
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).
- Legal 500 US - Three attorneys recognized for Trade Secrets (2007-2011)
- Chambers USA's - America's Leading Business Lawyers - Five attorneys recognized for Intellectual Property (2009 - 2011), two attorneys recognized for International Trade: Intellectual Property (Section 337) (2010-2011).
- Chambers Europe - Recognized as a leader in the category: Belgium, Intellectual Property and one attorney recognized for Intellectual Property (2012).
- Chambers Global - One attorney recognized for Intellectual Property (2006-2011), two attorneys recognized for International Trade: Intellectual Property (Section 337) (2010-2011).
- PLC - Life Sciences, Which Lawyer? - One attorney recognized for Intellectual Property (2005-2009).
- Legal 500 UK - Recognized in its IP category (2011-2012).
- Legal 500 EMEA, Intellectual Property - Belgium (2011-2013)
- European Legal Experts - One attorney recognized for Intellectual Property (Brussels) (2006).
- PLC Global Counsel 2006, “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.
- 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 partner served as a United States District Court Judge for the District of Delaware for ten years presiding over 200 patent infringement cases.
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