Evan Cox

Evan R. Cox


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Covington & Burling LLP
One Front Street
San Francisco, CA 94111-5356
Tel: +1 415 591 7073


Evan Cox represents technology companies in complex patent and copyright licensing transactions, due diligence and advisory matters, combining practical, result-oriented intellectual property advice and transactional capabilities with twenty-five years of antitrust counseling experience. He has strong international experience bridging differing business cultures and legal systems, having worked extensively with European and Asian as well as U.S. clients, counterparties and local counsel out of Covington’s Washington, DC, London, and San Francisco offices.

Mr. Cox has broad industry experience in the IT and life sciences sectors. He has advised clients on the structuring and negotiation of patent licensing and cross-licensing agreements, copyright and content licensing agreements, electronic and physical distribution arrangements, outsourcing agreements, and research and development, production and marketing joint ventures. He has helped clients successfully negotiate IP and licensing due diligence and integration in complex major transactions such as Microsoft’s acquisitions of Skype and Nokia’s mobile phone business. He has provided practical guidance to small technology startups to close numerous favorable licensing agreements with much larger business partners. He has provided clients with counseling on open source licensing and compliance issues, including associated patent implied license and exhaustion issues. And he has worked with local counsel in over 50 countries to help integrate and harmonize legal advice for clients in cross border and regional/global survey matters.

Mr. Cox combines his intellectual property capabilities with extensive antitrust counseling experience, allowing clients to obtain comprehensive advice in one consultation rather than having to consult two lawyers on the same matters. He has extensive experience with coalition structures, helping clients navigate the unique dynamics and issues arising in industry standard-setting organizations, patent pools and trade associations, serving as counsel to both individual members and the organizations. He has comprehensive knowledge of the intersection between antitrust and intellectual property laws, substantial experience with FRAND, non-disclosure and other standard setting theories, patent pools, and unilateral licensing activities by companies with strong market positions, has participated in litigation teams in these areas, and has successfully represented clients in investigations before the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission, and the European Union's Directorate General for Competition.

Representative Matters

  • Lead responsibility for IP licensing due diligence and integration assistance on Microsoft’s acquisitions of Skype and Nokia’s mobile phone business.
  • Successful negotiation of patent license and joint development agreements on behalf of New Zealand wireless charging technology startup PowerbyProxi, Ltd. with major industry players including Samsung Electro-Mechanics, Texas Instruments, Tyco Electronics and Stryker.
  • Serving as corporate, IP and antitrust counsel to the Open Authentication Technology Committee, a standard setting non-profit established by major programmers, MVPDs and technology companies for authentication and authorization of access to TV Everywhere content via the internet.
  • Representation of BSA-The Software Alliance in copyright public policy and antipiracy activities in Europe, Africa and the Middle East that helped dramatically reduce infringement by corporate end users, driving new sales and the opening and expansion of new subsidiaries throughout the regions.

Honors and Rankings

  • IAM Patent 1000 - The World’s Leading Patent Practitioners (2015)
  • Legal 500 US, Intellectual Property - Patent Licensing & Transactional (2013-2015) and Technology: Transactions (2014-2015)
  • Northern California Super Lawyers, Intellectual Property (2008, 2012-2015)

Pro Bono

  • The Nature Conservancy, providing advice on regulatory compliance issues and intellectual property matters in support of its activities in California, Hawaii and the Asia-Pacific region.
  • An Iraq War veteran in successful petition for Combat Related Supplemental Compensation for PTSD disability.
  • New Blankets, Inc. in establishment of non-profit and provision of copyright and contract advice for range of open source and open technology educational initiatives.
  • The California Medical Association, contributing to a brief amicus curiae to the U.S. District Court for the Northern District of California in Planned Parenthood Federation of America v. Ashcroft.

Memberships and Affiliations

  • Boalt Hall Alumni Association - past President and Board member
  • Co-chair, Programs Subcommittee, Technical Standardization Committee, ABA Section of Science & Technology Law
  • Berkeley Center for Law & Technology, Advisory Board Member
  • Center for Youth Development Through Law (a group that provides paid summer internships, legal-oriented courses, and life skills workshops to inspire at-risk students from East Bay high schools to pursue college education), Board Member
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