WASHINGTON—Managing IP recognized Covington with two “Impact Case of the Year” awards at its 2020 Americas Awards. The Managing IP awards program recognizes remarkable achievements and developments in the past 12 months.
Managing IP recognized Covington for representing Return Mail, Inc. in its victory in the U.S. Supreme Court establishing that a federal agency is not a “person” authorized to petition the Patent Trial and Appeal Board (PTAB) to challenge the validity of a privately owned patent using America Invents Act of 2011 (AIA) proceedings—inter partes review, post-grant review, and covered business method review. Beth Brinkmann was recognized for her work on the case, which marked her 25th argument before the Supreme Court. Ms. Brinkmann teamed up with partners Richard Rainey, a preeminent Federal Circuit patent litigator, and Kevin King, an appellate specialist with particular expertise in federal agency litigation. Ms. Brinkmann joined the firm as co-chair of the Appellate and Supreme Court Litigation Group after serving as Deputy Assistant Attorney General in the U.S. Department of Justice, Civil Division, where she oversaw the Division’s nationwide appellate litigation, including patent law briefing in the Federal Circuit.
Covington was also recognized for its role in successfully representing Bristol Myers Squibb against Moderna Therapeutics in one of the first appeals to the Federal Circuit in which the underlying PTAB decision related to a patent covering the formulation of a biologic product in which the patent claims were entirely upheld. Chris Sipes, who was recognized for his work on the case, is a partner in Covington’s Food and Drug and Intellectual Property Practice Groups. Mr. Sipes is a federal court trial and appellate litigator whose practice focuses on pharmaceutical and life sciences matters. He has taken the lead in litigation involving all aspects of pharmaceutical litigation under the Hatch-Waxman Act, including with FDA to obtain or uphold regulatory exclusivity, against generics to enforce the intellectual property rights of pioneers, and the defense of pioneer drug manufacturers in patent suits brought by non-practicing entities and other third-party patent holders.
The Managing IP awards program is one of the most comprehensive and widely respected IP law firm awards events in the world. Now in its 15th year, the program covers a broad range of IP practice areas and more than 30 jurisdictions.
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