Evan Cox represents technology companies in complex patent and copyright licensing and advisory matters, combining intellectual property advice and transactional capabilities with twenty five years of antitrust counseling experience. He has worked extensively with European and Asian as well as US clients and counterparties out of Covington’s Washington, DC, London, and San Francisco offices.
Mr. Cox has strong 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 provided clients with counseling on open source licensing and compliance issues, including associated patent implied license and exhaustion issues. He has extensive experience with coalition structures, helping clients navigate the unique dynamics and issues arising in industry standard-setting organizations, consortia and special interest groups, patent pools and trade associations, serving as counsel to both individual members and the organizations.
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 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.
Mr. Cox has also worked closely with leading companies and trade associations in the software, publishing, hardware, and pharmaceutical industries on anti-piracy, anti-counterfeiting, and digital rights management strategies and enforcement. He supervises an in-house team of internet investigators that provide clients with worldwide forensic and notice and takedown capabilities, and provides counseling and litigation support on secondary liability and anti-circumvention issues under the Digital Millennium Copyright Act and comparable international legislation.