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- Patent Litigation
"Renowned litigation practice representing the biggest names
in the life sciences, pharmaceutical and hi-tech sectors."
Chambers 2020, Intellectual Property, USA Nationwide
Our patent litigation practice consists of more than 130 attorneys concentrated on both the East and West Coasts, with over 95 lawyers in Washington and New York and 25 in California, and an additional number in Seoul and China. Collectively, Covington lawyers have litigated in excess of 700 patent cases covering a wide range of technologies.
Trial Depth. Covington’s patent litigation practice starts with top-notch trial lawyers who know how to prepare a case for trial, who have tried patent cases to verdicts before judges and juries, and who regularly handle major patent-related arbitrations. Two of our patent litigation partners are Fellows of the American College of Trial Lawyers and one was elected a Vice Chair of the Complex Litigation Committee.
Technical Expertise. We have married effective advocacy with substantive expertise. More than 50 of our litigators have clerked for federal trial and appellate judges, and more than 70 of our patent litigators have technical degrees in areas such as computer engineering, computer science, mathematics, mechanical engineering, electrical engineering, chemical engineering, biochemistry, chemistry, immunology, microbiology, molecular and cell biology, pharmacology, and physics.
Geographic Reach. We have successfully litigated cases in every significant patent jurisdiction in the country, including the Eastern District of Texas, Delaware, California, New York, New Jersey, and the Federal Circuit. Notably, one of our patent litigators is a former U.S. District Court Judge for the District of Delaware who presided over more than 200 patent infringement cases while on the bench. We also have a depth of experience before the International Trade Commission (ITC) where we have appeared in over 90 Section 337 cases spanning more than 30 years, including some of the largest and most high-profile matters to have come before the ITC. We have achieved successful outcomes for clients in each of the 20 ITC matters we have handled since 2008.
Industry Knowledge. We have been lead counsel in patent infringement cases throughout the country involving disputes covering a wide range of industries, including computer and electronics, software, financial services, telecommunications, pharmaceutical, medical device, biotechnology, chemical, metallurgical, and mechanical. We have also prosecuted numerous patents in these industries and have prepared reexamination requests and handled reexaminations.
Broad Resources. We draw on Covington’s traditional strengths as one of the world’s leading law firms, including its litigation, antitrust, FDA, communications, and technology practices. Our depth of experience allows us to handle matters in a cost-effective manner, with lean staffing and cross-office collaboration leading to efficient and complete coverage.
Appellate Talent. Covington has a longstanding, highly successful appellate litigation practice that extends to our patent litigation practice. The firm’s appellate practice includes 30 specialists, including three former federal judges, four former Assistants to the Solicitor General of the United States, 18 former Supreme Court clerks, and former law clerks from every federal court of appeals. Our attorneys have handled more than 50 cases before the Supreme Court and hundreds in state and federal appeals courts. Indeed, Covington has been named to The National Law Journal’s Appellate Hot List in 2008, 2009, 2011, 2012, 2013, and 2015 as having one of the top appellate practices in the country. Our patent litigation practice has a track record of obtaining favorable results for our clients on patent cases before the Federal Circuit and is regularly asked to represent clients on appeal after a lower court has entered an adverse ruling.
Huawei ITC Section 337 Investigation
Representation of Huawei in the ITC Section 337 Investigation: Wireless Devices with 3G Capabilities and Components Thereof, USITC Inv. Nos. 337-TA-800 and 337-TA-868 (Respondent).
Realtek ITC Section 337 Investigation
Representation of Realtek in the ITC Section 337 Investigation: Network Controllers, USITC Inv. No. 337-TA-531 (Respondent).
MStar Semiconductor ITC Section 337 Investigation
Representation of MStar Semiconductor in the ITC Section 337 Investigation: Display Controllers with Upscaling Functionality and Products Containing the Same, USITC Inv. No. 337-TA-481 (Respondent).
Nidek ITC Section 337 Investigation
Representation of Nidek in the ITC Section 337 Investigation: Excimer Laser Systems for Vision Correction Surgery and Components Thereof and Methods for Performing Such Surgery, Inv. No. 337-TA- 419 (Respondent).
Advise Leading Online Company on Global Compliance and Privacy Principles
Representation of a leading online company through advising on instituting global policies and procedures to comply with law enforcement demands for data consistent with best practice privacy principles.
Outbound ICC arbitration
Representing a Korean engineering and construction company in its continuing efforts to recover nearly $400 million, which it won in an ICC arbitration almost 10 years ago, against a Mexico government owned oil & gas company.
Outbound patent litigation
Defending a Korean memory chip maker in its suit involving seven patents relating to semiconductor manufacturing processes. As a result of our aggressive and strategic approach, the case settled well prior to trial on very favorable terms to our client.
Samsung Patent Litigation Disputes
Representation of Samsung Electronics in numerous patent litigation matters in both U.S. District Courts and the U.S. International Trade Commission, involving technologies such as DLP televisions, LED’s, MLC flash memory, printer software, tablets and smartphones.
High Profile Section 337 Dispute Between U.S. Steel and the Chinese Steel Industry
Representation of Baoshan Iron & Steel Co., Ltd. in a trade secret, antitrust and false designation of origin dispute in the International Trade Commission involving processes for making Advanced High Strength Steel. In November 2016, Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by American Lawyer for an initial determination at the ITC on behalf of our client. This was the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim.
April 25, 2019, Covington Alert
On April 23, 2019, the Standing Committee of the National People’s Congress of China passed a bill amending China’s Anti-Unfair Competition Law (“AUCL”). Changes made by the amendment bill took effect on the same day. Further to the last amendment to the AUCL in 2017, the newly introduced burden-of-proof shifting and punitive damages rules will significantly ...
4 Global Developments Patent Attys Should Know
January 16, 2019, Law360
Ruixue Ran is quoted in Law360 regarding China’s recently released draft legislation to revise the nation’s patent law. The changes, which attorneys say are aimed at enhancing patent owners' rights, are headlined by a proposal to increase the amount of damages available in certain circumstances. Ms. Ran says, “If they could get bigger damages compensation, that ...
January 10, 2019, Covington Alert
On January 4, 2019, the Standing Committee of the National People’s Congress ( “NPC”) of China published a draft amendment to the Patent Law (the “Draft”) for public comment. While this draft is not yet final, it indicates China is taking concrete steps to help patent holders with the exercise of their rights.
November 27, 2018, Covington Alert
On October 26, 2018, the Standing Committee of the People’s National Congress of the People's Republic of China (PRC) passed Decisions on Several Procedural Issues Relating to Patent and Other Intellectual Property Cases (the Appellate Rules), which will give the Supreme Court jurisdiction over patent and other complex technical IP cases (the Designated Subject ...
October 8, 2018
BEIJING—China Law & Practice has named Covington “Intellectual Property Firm of the Year” and Covington partner Ruixue Ran as “Intellectual Property Lawyer of the Year.” The awards highlight innovation and excellence in the China legal market and honor top law firms, lawyers, and legal departments. Ms. Ran is one of the few China-based lawyers who focus on ...
March 15, 2018, Covington Alert
China has continued to develop its adjudicatory framework for intellectual property disputes with the establishment of three Intellectual Property Tribunals (“IP Tribunals”) this month. This reform began with the establishment of three specialized IP Courts in Beijing, Shanghai, and Guangzhou at the end of 2014, and has been furthered with the establishment of ...
Ruixue Ran Named One of Top 15 IP Lawyers in China
December 28, 2016
BEIJING—Asian Legal Business has named Covington partner Ruixue Ran as one of its fifteen “Top IP Lawyers” in China. Ms. Ran is the only lawyer from a non-Chinese law firm on the list. Ms. Ran is one of the few Chinese lawyers who specialize in cross-border intellectual property law and is often called upon to share her knowledge with Chinese companies and ...
International Trade MVP: Covington's Shara Aranoff
December 9, 2016, Law360
Law360 selected Shara Aranoff as a 2016 International Trade MVP and profiled her work over the past year, including her representation of South32 and Union Pacific Railroad Co. at the ITC. Law360 also highlights Aranoff’s ongoing defense of China’s Baosteel Group in a Section 337 case, the first antitrust-based investigation at the ITC in more than 25 ...
- The National Law Journal, 2019 Washington “Litigation Department of the Year” winner (2019)
- The American Lawyer, 2018 California "Litigation Department of the Year" winner (2018)
- China Law & Practice, "Intellectual Property Firm of the Year" (2018)
- The National Law Journal "2015 Washington Litigation Department of the Year" Finalist (2015)
- The American Lawyer, "2014 Litigation Department of the Year" Finalist (2014)
- The National Law Journal - Recognized on the Intellectual Property Hot List (2016)
- Managing Intellectual Property Global Awards - Recognized in the North American category as the "International Trade Commission Firm of the Year" (2010, 2014)
- Chambers Global - Recognized as a leading International Trade - Section 337 (2010-2020); US Intellectual Property Patent Practice (2020); and US Intellectual Property Practice (2010-2018)
- Chambers USA - Recognized for Intellectual Property nationwide, as well as in California and Washington, DC (2009-2019)
- Chambers USA - Recognized for its International Trade: Intellectual Property (Section 337) practice nationwide (2009-2019)
- Chambers Asia-Pacific - Recognized as a leader in the category South Korea: Intellectual Property; two attorneys recognized for Intellectual Property (2019)
- Chambers Europe - Recognized as a leader in the category: Belgium, Intellectual Property (2013)
- U.S. News Media Group and Best Lawyers, Litigation - Patent: National, San Francisco and Washington, DC first tier ranking (2013-2015)
- Intellectual Asset Management (IAM) Magazine - Recognized in the “IAM Patent 1000 - The World’s Leading Patent Practitioners” for its National litigation and International Trade Commission practices, DC Metro Area litigation practice, and California litigation. Four litigators recognized in California, one luminary and five litigators recognized in DC Metro Area and three litigators recognized in National - International Trade Commission (2014).
- Legal 500 Asia Pacific, Intellectual Property (Foreign Firms) (2013-2014)
- Legal 500 US - Recognized as a leading US practice in the areas of Patent Litigation: Full Coverage, Patent Litigation: International Trade Commission, and Patents: Licensing (2012-2018); Patent: Portfolio Management (2012-2016)
- Legal 500 UK - Recognized in its IP category (2011-2014)
- One partner is a member and former chair of the Northern District of California patent rules committee.
- 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, including more than 30 patent infringement jury trials.
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