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Richard Rainey is a trial and appellate IP litigator who has been lead counsel in numerous high-profile cases in district courts, before the ITC, and at the Federal Circuit. Law360 named Mr. Rainey a 2019 MVP for his “extraordinary” trial and appellate wins and contribution to IP litigation. His ability to provide holistic and practical solutions in patent disputes is enhanced by his in-house experience, having served as GE’s Global Chief IP Litigator. Mr. Rainey also devotes considerable time to bar associations and teaching and writing in the intellectual property field.
IAM 1000 reports that Mr. Rainey is "unafraid of shouldering the greatest of responsibilities and is another natural choice for big-ticket cases in which business resolutions are urgently required." According to Chambers, Mr. Rainey is “laud[ed] as ‘an exceptional orator’ who ‘has both deep technical knowledge and the ability to boil an issue down to a layman’s understanding.”
Over the course of his career, he has been involved in more than 75 appeals in patent cases before the Federal Circuit. Clients have called on Mr. Rainey when faced with challenging trial verdicts, MuniAuction, Inc. v. Thomson Corp., 532 F.3d 1318 (Fed. Cir. 2008) (reversing an $85 million jury verdict, earning recognition in AmLaw); Dominion Energy, Inc., et al. v. Alstom Grid LLC, 725 Fed. Appx. 980 (Fed. Cir. March 15, 2018) (reversing a jury verdict and permanent injunction), as well as when seeking to defend important trial victories, Elbit Sys. Land and C4I Ltd. v. Hughes Network Sys., LLC, 927 F.3d 1292 (Fed. Cir. 2019) (affirming a $21 million jury verdict). Mr. Rainey also co-led the Covington team which obtained a landmark ruling from the Supreme Court in Return Mail v. U.S. Postal Service, 159 U.S. 1853 (June 10, 2019), holding that the federal government is not a "person" capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the America Invents Act.
Mr. Rainey, as a registered patent attorney, has also had substantial experience before the PTAB in various post-grant proceedings.
In addition to his work as a litigator, Mr. Rainey has for many years been an officer in the Giles S. Rich Inn of Court, served in the leadership of the ABA-IPL Section, and chaired the committee of the year for IPO. He is a co-author on the leading treatise on practice and procedure before the Federal Circuit – “Court of Appeals for the Federal Circuit: Practice and Procedure” and a co-author on the chapter on appellate practice in BNA’s “Patent Litigation Strategies Handbook.” Mr. Rainey also teaches patent enforcement at George Washington Law School.
Federal Circuit Matters
- Obtained affirmance of a $21 million jury verdict for Elbit in a patent case involving satellite internet technology. Elbit Sys. Land and C4I Ltd. v. Hughes Network Sys., LLC, 927 F.3d 1292 (Fed. Cir. 2019).
- Obtained reversal of a jury verdict of willful infringement and a permanent injunction for Alstom Grid in a case involving grid management software. Dominion Energy, Inc., et al. v. Alstom Grid LLC, No. 17-1158 (Fed. Cir. March 15, 2018).
- Obtained affirmance of summary judgment of non-infringement for GE in a case involving turbine blade manufacturing methods. Oleksy v. GE, No. 16-1149 (Fed. Cir. Dec. 21, 2016).
- Achieved a reversal of summary judgment of invalidity for GE in a case involving LED heat sink patents. GE Lighting Solutions LLC v. Lights of Am., Inc., 663 Fed.Appx. 938 (Fed. Cir. 2016).
- Attained a reversal of summary judgment of non-infringement for GE in a case involving LED technology in GE Lighting Solutions, LLC v. AgiLight, Inc., 750 F. 3d 1304 (Fed. Cir. 2014).
- Obtained affirmance of a summary judgment that GE was licensed under the asserted patents in a case involving LED technology in Relume v. GE, No. 14-1267 (Fed. Cir. 2015).
- Achieved a reversal of a significant judgment and permanent injunction against DeMonte Fabricating in a patent case involving segmented truck covers. Sundance v. DeMonte Fabricating, et al., 550 F.3d 1356 (Fed. Cir. 2008).
- Obtained a reversal of an $85 million judgment and permanent injunction against Thomson Reuters and i-Deal in a patent case involving electronic municipal bond auctions. MuniAuction, Inc. v. Thomson Corp., et al., 532 F.3d 1318 (Fed. Cir. 2008).
- Represented Juniper Networks obtaining affirmance of a judgment of non-infringement in a patent case involving network technology. Toshiba Corp. v. Juniper Networks, Inc., 2007 WL 2574744 (Fed. Cir. 2007) (non-precedential) (affirming judgment of non-infringement).
- Attained a reversal of an $80 million judgment against United Catalysts. Southern Clay Products v. United Catalysts, 64 U.S.P.Q.2d 1606, 2002 WL 1733333 (Fed. Cir. 2002) (nonprecedential).
- Defended SmithKline Beecham in a patent dispute regarding the purification process of pertactin, an active ingredient in a type of pertussis (whooping cough) vaccine. The matter involved patent defense as well as litigation with the Food and Drug Administration. Connaught Lab., Inc. v. Smithkline Beecham P.L.C., 165 F.3d 1368, 1369 (Fed. Cir. 1999).
- Achieved a vacatur of a preliminary injunction against Titan Wheel Corporation, a manufacturer of off-highway wheels, in a patent infringement action relating to automotive locking differentials. Vehicular Techs. Corp. v. Titan Wheel Int'l, Inc., 141 F.3d 1084 (Fed. Cir. 1998).
ITC Section 337 Matters
- Represented Current and GE (complainants) in a patent infringement action against Cree involving LED lighting technology. In the Matter of Certain LED Packages Containing PFS Phosphor and Products Containing Same, No. 337-TA-1156.
- Representing Hanwha (complainant) in a patent infringement action against LONGi, REC, and Jinko Solar involving solar cells. In the Matter of Certain Photovoltaic Cells and Products Containing Same, No. 337-TA-1151.
- Represented Samsung (respondent) in a patent infringement action at the ITC and Federal Circuit involving hierarchical menus for music players in which the ITC held the claims invalid under Section 101 in a special 100-day proceeding. In the Matter of Certain Portable Electronic Devices and Components Thereof, Inv. No. 337-TA-994.
- Represented a number of respondents, including Samsung Electronics, in a patent infringement action at the ITC brought by BTG involving MLC NAND Flash memory. In re Certain MLC Flash Memory Devices and Products Containing Same, Inv. No. 337-TA-683.
- Represented Respondent in a patent infringement action at the ITC. In re Certain Video Game Machines and Related Three-Dimensional Pointing Devices, Inv. No. 337-TA-658.
- Represented Samsung Electronics (respondent) in a patent infringement action at the ITC brought by Prof. Rothschild involving the manufacture of LEDs and LDs. In re Certain Short-Wavelength Light Emitting Diodes, Laser Diodes and Products Containing Same, Inv. No. 337-TA-640.
- Represented Intersil (respondent) in a patent infringement action at the ITC brought by Proxim involving 802.11 products. In re Certain Network Interface Cards and Access Points for use in Direct Sequence Spread Spectrum Wireless Local Area Networks and Products Containing Same, Inv. No. 337-TA-455.
- Represented ASML (respondent) in a patent infringement action at the ITC brought by Nikon involving semiconductor manufacturing machines. In re Certain Microlithographic Machines and Components Thereof, Inv. No. 337-TA-468.
District Court Matters
- Represented Samsung in a patent infringement action in the Eastern District of Virginia and the Federal Circuit against SmarTEN asserting patents directed to diet and exercise systems in which the district court held all claims invalid as directed to unpatentable subject matter on a Rule 12 motion. SmarTEN LLC v. Samsung Elecs. Am., Inc., No. 1:17cv1381, 2018 WL 1368268 (E.D. Va. March 16, 2018), and the Federal Circuit affirmed via Fed. Cir. R. 36.
- Represented Knowles in a breach of settlement agreement action involving MEMS microphones for mobile phones in the Northern District of Illinois. Knowles v. AAC, (N.D. Ill.).
- Represented Samsung in a patent infringement action involving mobile phones in the Southern District of New York. Sentegra v. Samsung, (S.D.N.Y.).
- Represented comScore in a patent infringement action against Nielson involving web monitoring in the Eastern District of Virginia. comScore, Inc. v. Nielsen, (E.D. Va.).
- Represented Samsung in a patent infringement action in the Eastern District of Texas involving DLP televisions. Cheetah Omni LLC v. Samsung Electronics, (E.D. Tex.).
- Represented Samsung, obtaining a stay pending reexamination on behalf of Samsung Electronics, in a patent infringement case in the Southern District of New York brought by Genoa Color Technologies involving DLP televisions. Genoa Color Tech., Ltd. v. Samsung Elec. Co., Ltd., et al. (S.D.N.Y.).
- Represented Microsoft in a patent infringement case in the Eastern District of Texas brought by Charles E. Hill involving e-commerce web sites. Charles E. Hill & Assoc. v. Microsoft et al., (E.D. Tex.).
- Represented Microsoft in a patent infringement action brought by MedioStream involving patents relating to video conversion technology asserted against Microsoft's Movie Maker product. MedioStream, Inc. v. Microsoft (E.D. Tex.). Obtained transfer of this matter to the N. D. Cal on a writ of mandamus. See In re Acer, cite.
- Obtained transfer of a patent infringement action involving financial services products initially filed in the Eastern District of Texas (Marshall Division) to the District of Arizona under the MDL procedure on behalf of JPMorgan Chase Bank. Phoenix Licensing v. JPMorgan Chase Bank, et al., (E.D. Tex.).
- Obtained a temporary restraining order on behalf of ALZA, the world's leader in controlled release pharmaceuticals, barring a generic pharmaceutical company from employing one of ALZA's scientists in making a generic version of one of ALZA's drugs under a theory of inevitable disclosure. ALZA v. Andrx, (S.D. Fla. 1999).
Memberships and Affiliations
- The George Washington University Law School, Adjunct Professor of Law
- Giles S. Rich Inn of Court, Officer
- Elected to Four-Year Term on the Council for the ABA-Intellectual Property Law Section
Previous Experience
- GE, Executive Counsel, Global IP Litigation
Seven Covington Lawyers Named Law360 MVPs
November 22, 2019
WASHINGTON—Law360 has named seven Covington lawyers as MVPs, third most among all firms, in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Thomas ...
October 25, 2019
WASHINGTON—The National Law Journal has named Covington to its “Appellate Hot List” for the eighth time. Lawyers and law firms featured in the annual special report were recognized for winning “key matters before the U.S. Supreme Court and federal courts of appeals.” Over the past two years, lawyers in Covington’s Appellate and Supreme Court practice ...
June 10, 2019
WASHINGTON—Covington won a precedent-setting dispute before the U.S. Supreme Court on behalf of Return Mail, Inc. in a case that attracted significant attention in the patent field, particularly within industries that involve competition or collaboration with the federal government. The 6-3 ruling concludes a pivotal chapter in Return Mail’s 15-year, multi-forum ...
November 15, 2018
WASHINGTON—Covington's patent litigation team successfully petitioned the U.S. Supreme Court to hear a case on behalf of its client, Return Mail, Inc., which saw its patent on a system for handling undeliverable mail invalidated in 2015 after the U.S. Postal Service petitioned for Covered Business Method Review. The case, which will involve interpretation of ...
Insider Threats to Cybersecurity—Prevent, Prepare, and React Webinar
June 21, 2016, Webinar
GE's Head of IP Litigation Rejoins Covington
October 19, 2015
WASHINGTON, DC, October 19, 2015 - Covington announced that Richard Rainey has rejoined the firm as a partner in its intellectual property practice, one of the firm’s largest groups with more than 140 IP lawyers. A prominent IP trial and appellate litigator, Mr. Rainey previously served as Executive Counsel for Global IP Litigation at GE. “Our patent litigation ...
November 30, 2011
WASHINGTON, DC, November 30, 2011 — Washingtonian magazine has named 34 Covington & Burling attorneys as “Best Lawyers” in its December issue. The biennial list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the approximately 800 “Best Lawyers” identified in the issue, Washingtonian included profiles of 31 ...
September 7, 2011
WASHINGTON, DC, September 7, 2011 — Covington & Burling LLP lawyers received 184 individual mentions in 56 areas of law in the 2012 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: ...
June 10, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 123 individual mentions and 45 practice mentions in Chambers USA 2011. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
June 9, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 92 individual mentions and 32 practice mentions in the Legal 500 US 2011 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
Covington Lawyers Recognized by D.C. Super Lawyers
May 17, 2011
WASHINGTON, DC, May 17, 2011 — D.C. Super Lawyers selected 55 Covington & Burling lawyers for its 2011 list of top legal talent. Super Lawyers selects no more than five percent of the total lawyers who practice in Washington based on peer review and the publication’s independent research. Deborah Garza has been named among the “Top 50 Women,” and Robert Long ...
August 6, 2010
WASHINGTON, DC, August 6, 2010 — Covington & Burling LLP received 138 individual mentions in 40 areas of law in the 2011 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
June 16, 2010
WASHINGTON, DC, June 16, 2010 — Covington & Burling LLP received 112 individual mentions and 44 practice mentions in Chambers USA 2010. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
Washingtonian Names 25 Covington Attorneys ‘Top Lawyers’
11/23/2009
WASHINGTON, DC, November 23, 2009 — Twenty-five Covington & Burling LLP attorneys are recognized as “Top Lawyers” in the December issue of Washingtonian magazine. The list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the “Top Lawyers,” Washingtonian identified 30 as “stars of the bar.” Among them is Michael ...
August 7, 2009
WASHINGTON, DC, August 7, 2009 — Covington & Burling LLP received 131 individual mentions in 38 areas of law in the 2010 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
June 12, 2009
WASHINGTON, DC, June 12, 2009 — Covington & Burling LLP received 100 individual mentions and 40 practice mentions in Chambers USA 2009. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
1/8/2009
WASHINGTON, DC, January 8, 2009 — The U.S. Court of Appeals for the Federal Circuit has ruled that the only claim in a patent for making and selling retractable covers for flat-bed trucks allegedly infringed by DeMonte Fabricating is invalid. The Federal Circuit’s decision overturns a lower court’s ruling on damages and a permanent injunction that would have ...
September 29, 2008
WASHINGTON, DC, September 29, 2008 — Covington & Burling LLP received 124 individual mentions in 40 areas of law in the 2009 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: Administrative: ...
7/14/2008
WASHINGTON, DC, July 14, 2008 — The U.S. Court of Appeals for the Federal Circuit today ruled that Thomson Reuters and i-Deal, LLC did not infringe a patent that covers the online auction of municipal bonds. The Federal Circuit’s decision overturns a lower court’s ruling in favor of MuniAuction Inc., that had awarded the plaintiff $84.6 million. Covington & ...
Covington Secures Appellate Victory for Juniper Networks
9/19/2007
WASHINGTON, DC, September 19, 2007 — Covington & Burling LLP has secured a major appellate victory before the Federal Circuit for its client, Juniper Networks, Inc. The case concerned Toshiba Corporation’s claim that Juniper infringed four patents related to the transmission of data among network routers. The trial court entered a claim construction ruling ...
September 6, 2007
WASHINGTON, DC, September 6, 2007 — Covington & Burling LLP received 115 individual mentions in 38 areas of law in the 2008 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The recipients are as follows: Administrative: E. Edward Bruce and ...
- Benchmark Litigation, Intellectual Property "Local Litigation Star" (2020)
- Law360, Intellectual Property MVP (2019)
- IAM Patent 1000 (2016)
- Legal 500 US, Cyber Law (2016)
- Best Lawyers in America, Intellectual Property (2006-2012)
- Chambers USA - America's Leading Business Lawyers, Intellectual Property (2019-2020; 2008-2011)
- Washington DC Super Lawyers, Intellectual Property (2008-2011)
- Washingtonian, Best Lawyers (2011)
Practices
Education
The George Washington University Law School, J.D., 1994
- Order of the Coif
- Winner of the 1994 Giles S. Rich Moot Court Competition