Covington & Burling LLP operates as a limited liability partnership worldwide, with the practice in England and Wales conducted by an affiliated
limited liability multinational partnership, Covington & Burling LLP, which is formed under the laws of the State of Delaware in the United States
and authorized and regulated by the Solicitors Regulation Authority with registration number 77071..
Nick Evoy is a patent lawyer who represents innovative companies in high-stakes intellectual property disputes, trials, and appeals.
His practice focuses on complex patent litigation before U.S. district courts, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB), and on appeal before the Federal Circuit and the Supreme Court of the United States.
Nick regularly represents pioneer pharmaceutical companies in Hatch-Waxman litigation, and has litigated cases involving consumer electronics, agricultural equipment, semiconductors, and medical devices.
As a member of multiple trial teams, Nick has experience with all phases of litigation, including pre-litigation analysis, claim construction, infringement and validity analysis, fact and expert discovery, and trial preparation and strategy. He has examined key witnesses at trial, argued motions in court, taken and defended numerous fact and expert witness depositions, and presented oral argument in inter partes review (IPR) proceedings.
In addition to his litigation work, Nick also regularly assists clients with patent appeals. Recently Nick served as the lead associate on a team that secured a grant of a writ of certiorari and a merits-stage Supreme Court victory in Return Mail, Inc. v. U.S. Postal Service, 139 S. Ct. 1853 (2019). The Supreme Court reversed the Federal Circuit’s judgment, and held that a federal agency is not a “person” who may petition for post-issuance review under the America Invents Act (AIA) at the PTAB.
Nick maintains an active pro bono practice. Recently he led a team representing a prisoner in a federal civil rights action in the District of Maryland asserting numerous counts of excessive force and other constitutional violations. The case settled favorably. He has also represented numerous clients in domestic violence protective order proceedings and landlord-tenant disputes in D.C. Superior Court.
Before becoming a lawyer, and while pursuing his law degree, Nick served as a Primary Patent Examiner at the U.S. Patent and Trademark Office (USPTO) for seven years focusing on medical imaging, surgical devices, and diagnostic testing.
Representing a pioneer pharmaceutical company in Hatch-Waxman patent infringement actions relating to breakthrough treatments for numerous types of leukemia, lymphoma, and chronic graft-versus-host disease in the District of Delaware and at the Federal Circuit.
Representing a leading agricultural equipment manufacturer in a competitor patent infringement action involving planters and seeding technology in the District of Delaware, and in 10 parallel IPR proceedings before the PTAB and at the Federal Circuit.
Represented a pioneer pharmaceutical company at the Federal Circuit in an appeal from an IPR proceeding involving a patent relating to oral mucoadhesive film formulations.
Represented Return Mail, Inc. as petitioner before the Supreme Court of the United States in Return Mail, Inc. v. U.S. Postal Service, 139 S. Ct. 1853 (2019). The Supreme Court found in Return Mail’s favor at the merits stage and reversed an adverse Federal Circuit decision involving the federal government’s efforts to invalidate patents through administrative challenges at the PTAB.
Represented a pioneer pharmaceutical company at the Federal Circuit in an appeal from an IPR proceeding involving a patent relating to a monoclonal antibody biologic therapy for treating cancer.
Represented a microelectronics company in a license and settlement enforcement action involving MEMS microphones for mobile phones in the Northern District of Illinois.
Represented a pioneer pharmaceutical company in an IPR proceeding challenging a patent asserted by a non-practicing entity relating to pain treatment methods using botulinum toxin.
Represented a pioneer pharmaceutical company in Hatch-Waxman patent infringement actions relating to asthma medication against generic drug manufacturers in the District of New Jersey.
Represented a microelectronics company in numerous IPR proceedings defending patents relating to semiconductor package designs at the PTAB.
Represented a pioneer pharmaceutical company in a federal false advertising lawsuit under the Lanham Act regarding infant lung surfactant treatment in the Eastern District of North Carolina.
Represented a government contractor in a Section 1498(a) patent dispute relating to diesel engine technology at the Court of Federal Claims, and in four parallel IPR proceedings at the PTAB.
Represented a cable television technology company in a patent infringement investigation under Section 337 at the ITC.
Represented a venture-backed start-up company in a patent infringement action relating to location tracking technology in retail stores in the District of Connecticut.
Represented a leading consumer electronics company in four IPR proceedings challenging patents relating to touchscreen technology at the PTAB.
The George Washington University Law School, J.D., 2015
High Honors
Order of the Coif
Johns Hopkins University, B.S., 2009
Biomedical Engineering
Bar Admissions
District of Columbia
Maryland
U.S. Patent and Trademark Office
Pro Bono
Represented a prisoner in a multi-defendant federal civil rights action asserting numerous counts of excessive force and other constitutional violations in the District of Maryland.
Represented tenants in D.C. Superior Court eviction proceedings against local landlords.
Represented complainants and respondents in domestic violence civil protection order proceedings in D.C. Superior Court.
Accolades
Managing Intellectual Property, IP STARS, Rising Star (2019-2021)
Washington DC Super Lawyers, "Rising Star" (2020-2022)
Capital Pro Bono Honor Roll - High Honors (2016-2019)
Memberships and Affiliations
The Giles S. Rich American Inn of Court
Patent Trial and Appeal Board Bar Association
Previous Experience
U.S. Patent and Trademark Office, Primary Patent Examiner, Medical Imaging Systems, Surgical Devices, and Diagnostic Testing (2009-2015)
Hon. Susan G. Braden, United States Court of Federal Claims, Judicial Intern
Hon. Thomas B. Pender, United States International Trade Commission, Judicial Intern
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