Partner
Smith joined Finnegan in 2000 after serving for six years with the ITC's Office of Unfair Import Investigations, giving him more than 25 years of ITC experience. He has been involved in more than 70 ITC investigations and more than 30 ITC trials, as well as trials in U.S. district courts and appeals before the U.S. Court of Appeals for the Federal Circuit.
Smith handles ITC investigations in a wide range of technologies, including automotive technologies, unmanned aerial and self-balancing vehicles, semiconductor processing, semiconductor chip architecture, computer and networking technologies, cellular telephones, light-emitting diodes, industrial chemicals, digital processing and satellite technologies, and rare earth magnets, as well as cases involving design patents, trademarks, and trade dress claims.
Before working at the ITC, Smith worked in private practice for more than five years, concentrating on civil litigation in state and federal trial and appellate courts and general antitrust counseling.
Several publications have recognized Smith as a leader in ITC practice, including Chambers USA, The Legal 500 U.S., and Intellectual Asset Management, which also named him a leading patent litigator in the D.C. area.
Certain LTE Wireless Communication Devices and Components Thereof
337-TA-1051, ITC, Judge Pender
337-TA-1000, ITC, Judge Bullock
337-TA-1007/1021, ITC, Judge Shaw
Represented OpenTV in a patent infringement suit pertaining to e-commerce systems, information security measures, streaming technologies, media interfaces, and software verification features in Apple’s iPhone, iPad, iPod Touch, Apple TV, and MacBook products.
3:14-cv-01622; 5:15-cv-02008, N.D. Cal., Judges Cousins, Davila, Freeman, Gillam, Ryu, Tigar, Westmore
Certain Radio Frequency Micro-Needle Dermatological Treatment Devices and Components Thereof
Represented Syneron-Candela and MGH in patent infringement litigation concerning RF micro-needling technology.
337-TA-1112, ITC, Judge Lord
Certain Point-to-Point Network Communication Devices; Straight Path IP Group v. LG Electronics, Inc.
337-TA-892, ITC, Judge Shaw
1:13-cv-00933, E.D. Va., Judges Davis, Hilton, Jones, Trenga
Certain Turbomachinery Blades, Engines and Components Thereof
Representation of UTC in action against Rolls-Royce relating to swept fan blades for ducted gas turbine engines in commercial aircraft, resulting in settlement.
337-TA-751, ITC, Judge Bullock
Event
ITC Litigation in 2021: Managing the Pandemic and Other Changes ITC Litigation in 2021: Managing the Pandemic and Other Changes
July 29, 2021
Webinar
Articles
ITC Breaks New Ground in IPR Decision ITC Breaks New Ground in IPR Decision
December 18, 2020
World Intellectual Property ReviewArticles
International Trade Commission Issues but Then Suspends Enforcement of Remedies in Deference to PTAB Final Written Decision of Unpatentability International Trade Commission Issues but Then Suspends Enforcement of Remedies in Deference to PTAB Final Written Decision of Unpatentability
September 10, 2020
IP Updates
Latest Development in the DJI-Autel Disputes Latest Development in the DJI-Autel Disputes
August 24, 2020
Seminar
Things Are Different Over There: Understanding Recent Changes in the U.S. and Communicating Efficiently and Effectively with U.S. Counsel (Zurich) Things Are Different Over There: Understanding Recent Changes in the U.S. and Communicating Efficiently and Effectively with U.S. Counsel (Zurich)
November 12, 2019
Zurich
Seminar
Finnegan Seoul Seminar: Mock Litigation and Trial Finnegan Seoul Seminar: Mock Litigation and Trial
November 1, 2019
Seoul
"Brittingham heads the Section 337 practice and leverages his experience working at the ITC’s Office of Unfair Import Investigations when handling disputes before the commission."
Intellectual Asset Management Patent 1000
"Nobody knows the ITC better than he does."
The Legal 500 U.S.
“Co-leader of the firm's ITC practice Smith Brittingham is a ‘very capable’ attorney and a ‘very good guy,’ sources report. He is recognized for his work in the consumer electronics field and is also regularly engaged to provide counsel to clients in the chemicals and automotive spaces.”
Chambers USA
“Smith Brittingham has an excellent track record working with clients in the automotive, chemicals and electronics spaces. He has experience of cases involving utility and design patents, as well as trademarks and trade dress.”
Chambers USA
“Smith Brittingham started his career as an ITC investigating attorney and has since been one of the most prominent litigators before the forum. He has scored successes for clients in cases concerning chemicals, electrical engineering, design patents, and trademarks.”
Chambers USA
“Smith Brittingham is an ‘extremely knowledgeable and thoughtful’ ITC attorney.”
Chambers USA
“The ‘very strong’ Smith Brittingham is praised for his assertiveness and clear thinking.”
Chambers USA
“Smith Brittingham [is a] lynchpin of the firm’s ITC practice.”
Intellectual Asset Management Patent 1000
“With Smith Brittingham…on the grind, the ITC remains a happy hunting ground.”
Intellectual Asset Management Patent 1000
“[T]he firm has ‘a deep bench for ITC litigation’ and is ‘maintaining momentum’ at a time when activity at the forum is picking up. There are many contributors to success here…but Smith Brittingham is the chief architect. Clients call him an ‘exceptional lawyer and formidable advocate’, citing his past experience as a senior attorney at the ITC’s Office of Unfair Important Investigations as a boon. ‘His knowledge of process sets him apart and his oral presentation skills and easy manner find him great success in the courtroom.’
Intellectual Asset Management Patent 1000
“Leading ITC figures… include ‘focused operator’ Smith Brittingham.”
Intellectual Asset Management Patent 1000
“Smith Brittingham is lauded by commentators who say he ‘possesses both the knowledge of the ITC and a strong technical background as well.’ He is an ITC specialist who is also noted for his experience of appellate proceedings.”
Chambers USA
“Anchoring the ITC practice, meanwhile, is Smith Brittingham who has lately been winning make-or-break Section 337 cases…”
Intellectual Asset Management Patent 1000
“‘ITC expert’ Smith Brittingham heads the practice…”
The Legal 500 U.S.
“Brittingham serves as leader of the Section 337 practice and has 25 years of ITC experience, six of them spent with the Commission’s Office of Unfair Import Investigations.”
Intellectual Asset Management Patent 1000
"Brittingham heads the Section 337 practice and leverages his experience working at the ITC’s Office of Unfair Import Investigations when handling disputes before the commission."
Intellectual Asset Management Patent 1000
"Nobody knows the ITC better than he does."
The Legal 500 U.S.
“Co-leader of the firm's ITC practice Smith Brittingham is a ‘very capable’ attorney and a ‘very good guy,’ sources report. He is recognized for his work in the consumer electronics field and is also regularly engaged to provide counsel to clients in the chemicals and automotive spaces.”
Chambers USA
“Smith Brittingham has an excellent track record working with clients in the automotive, chemicals and electronics spaces. He has experience of cases involving utility and design patents, as well as trademarks and trade dress.”
Chambers USA
“Smith Brittingham started his career as an ITC investigating attorney and has since been one of the most prominent litigators before the forum. He has scored successes for clients in cases concerning chemicals, electrical engineering, design patents, and trademarks.”
Chambers USA
“Smith Brittingham is an ‘extremely knowledgeable and thoughtful’ ITC attorney.”
Chambers USA
“The ‘very strong’ Smith Brittingham is praised for his assertiveness and clear thinking.”
Chambers USA
“Smith Brittingham [is a] lynchpin of the firm’s ITC practice.”
Intellectual Asset Management Patent 1000
“With Smith Brittingham…on the grind, the ITC remains a happy hunting ground.”
Intellectual Asset Management Patent 1000
“[T]he firm has ‘a deep bench for ITC litigation’ and is ‘maintaining momentum’ at a time when activity at the forum is picking up. There are many contributors to success here…but Smith Brittingham is the chief architect. Clients call him an ‘exceptional lawyer and formidable advocate’, citing his past experience as a senior attorney at the ITC’s Office of Unfair Important Investigations as a boon. ‘His knowledge of process sets him apart and his oral presentation skills and easy manner find him great success in the courtroom.’
Intellectual Asset Management Patent 1000
“Leading ITC figures… include ‘focused operator’ Smith Brittingham.”
Intellectual Asset Management Patent 1000
“Smith Brittingham is lauded by commentators who say he ‘possesses both the knowledge of the ITC and a strong technical background as well.’ He is an ITC specialist who is also noted for his experience of appellate proceedings.”
Chambers USA
“Anchoring the ITC practice, meanwhile, is Smith Brittingham who has lately been winning make-or-break Section 337 cases…”
Intellectual Asset Management Patent 1000
“‘ITC expert’ Smith Brittingham heads the practice…”
The Legal 500 U.S.
“Brittingham serves as leader of the Section 337 practice and has 25 years of ITC experience, six of them spent with the Commission’s Office of Unfair Import Investigations.”
Intellectual Asset Management Patent 1000
Award/Ranking
31 Finnegan Attorneys Recognized by Best Lawyers 31 Finnegan Attorneys Recognized by Best Lawyers
August 15, 2024
Best LawyersMedia Mention
CBP Clears Vilox Tiles of Infringing Patents in Import Dispute CBP Clears Vilox Tiles of Infringing Patents in Import Dispute
July 17, 2024
Law360Award/Ranking
46 Finnegan Attorneys Ranked in 2024 IAM Patent 1000 46 Finnegan Attorneys Ranked in 2024 IAM Patent 1000
June 6, 2024
Intellectual Asset ManagementCommentary
Future Apple Watch Sales Hinge on Next Steps in Patent Row Future Apple Watch Sales Hinge on Next Steps in Patent Row
January 8, 2024
Law360News
Apple Eyes Long-Term Software Fix for Watch While Appealing Ban Apple Eyes Long-Term Software Fix for Watch While Appealing Ban
December 28, 2023
Bloomberg LawCommentary
Why the Apple Watch Is Being Banned – and How Apple Can Avoid It Why the Apple Watch Is Being Banned – and How Apple Can Avoid It
December 19, 2023
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