Roderick R. McKelvie

Senior Counsel

rmckelvie@cov.com
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Covington & Burling LLP
1201 Pennsylvania Avenue, NW
Washington, DC 20004-2401
Tel: 202.662.5195
Fax: 202.778.5195


 

Practices

Education

  • University of Pennsylvania Law School, J.D., 1973
  • Harvard University, B.A., 1968

Judicial Clerkship

  • Hon. Caleb R. Layton III, U.S. District Court, District of Delaware, 1973-1974

Bar Admissions

  • District of Columbia


Roderick McKelvie is a senior counsel practicing in intellectual property and commercial litigation.  Mr. McKelvie has handled intellectual property and commercial matters at the trial and appellate level, having been lead counsel in over 20 jury trials.  From 1992 to 2002, he served as a United States District Court Judge for the District of Delaware.  During those 10 years, he presided over more than 200 patent infringement cases, including more than 30 patent infringement trials.  While on the bench and since his resignation, he has worked to improve the procedures for presenting complex cases to juries, including having developed model jury instructions for patent infringement cases and the Federal Judicial Center's video for jurors, An Introduction to the Patent System.  He is a member of the committee that drafted the National Model Patent Jury Instructions.

Representative Matters

  • Representing The University of Pittsburgh on appeal at the Federal Circuit in an action brought against Varian Medical Systems, Inc.
  • Representing DeMonte Fabricating in a patent infringement case brought by Sundance, Incorporated in the Eastern District of Michigan.
  • Representing InnoLux Display Corp. in a patent infringement action brought by Guardian Industries Corp. in the District of Delaware.
  • Representing Juniper Networks on appeal at the Federal Circuit in an action brought by Toshiba in the District of Delaware.
  • Representing OPNET in a patent infringement action brought by Compuware in the Eastern District of Michigan.
  • Representing Del Monte Corporation in a patent infringement action brought by Mars Inc. in the Central District of California.
  • Authored an Amicus Curiae Brief for PhRMA in the Federal Circuit in In Re Seagate Technology, LLC.

Previous Experience

  • United States District Court for the District of Delaware, Judge (1992-2002)

Honors and Rankings

  • The Best Lawyers in America for Intellectual Property (2005-2015)
  • Chambers USA - America's Leading Business Lawyers for Intellectual Property (2010-2014)
  • Washington DC Super Lawyers, Intellectual Property Litigation (2007-2012, 2014)
  • IAM Patent 1000 - The World’s Leading Patent Practitioners (2012)
  • Who's Who Legal, Patents (2012)
  • Legal 500 US, Recognized for Patent Litigation: Full Coverage (2010, 2014)
  • Guide to the World's Leading Patent Law Practitioners (2010)
  • International Who's Who of Business Lawyers for Patent (2005-2010)
  • The Washingtonian (December 2004, December 2007, December 2009, December 2011, December 2013): named one of the top intellectual property lawyers in Washington.

Memberships and Affiliations

  • George Washington University School of Law, Professorial Lecturer in Law, teaching the school’s course in Patent Enforcement
  • Richard S. Rodney Inn of Court, former President
  • Delaware Bankruptcy Inn of Court, former President and Founding Member
  • Giles S. Rich American Inn of Court, former President
  • National Academies' Committee on Intellectual Property Rights in Genomic and Protein Related Inventions, Co-Chair
  • Member of the Board of Directors of the International Judicial Academy
  • Member of the Board of Governors of the Sedona Conference

Publications and Speeches

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