Smith_Brittingham
Smith R. Brittingham IV
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  • 901 New York Avenue, NW
  • Washington, DC 20001-4413

Smith R. Brittingham IV

Partner

  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
Smith_Brittingham
Smith Brittingham concentrates on intellectual property litigation. He has extensive experience in the trial and appellate courts, and he has particular knowledge in cases before the U.S. International Trade Commission (ITC). Smith currently serves as leader of the firm's ITC litigation practice.

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 65 ITC investigations and more than 25 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.

Experience

Certain LTE Wireless Communication Devices and Components Thereof

Represented LG Electronics in offensive case against unlicensed seller of LTE mobile phones, resulting in settlement and license.

337-TA-1051, ITC, Judge Pender

Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor; Certain Motorized Self-Balancing Vehicles

Represented Chinese respondent Hangzhou Chic Intelligent Design in two ITC cases, one brought by Razor and the other brought by Segway, achieving ALJ findings of no infringement and no domestic industry after trial in each case; both results were affirmed by the Commission.

337-TA-1000, ITC, Judge Bullock
337-TA-1007/1021, ITC, Judge Shaw

OpenTV, Inc. v. Apple, Inc.

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

Represents 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.

Represented mobile telephone and smart television manufacturer against non-practicing entity asserting patents relating to point-to-point communications between users or computers in both the ITC and district courts, as well as PTAB proceedings and Federal Circuit appeals.

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

16 more

Insights

Event

ITC Litigation in 2021: Managing the Pandemic and Other Changes

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 ITC Breaks New Ground in IPR Decision

December 18, 2020

World Intellectual Property Review

Articles

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 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) 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

29 more

Professional Recognition

“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…”

Legal 500 United States

“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…”

Legal 500 United States

News

Press Release

40 Finnegan Attorneys Ranked in IAM Patent 1000 40 Finnegan Attorneys Ranked in IAM Patent 1000

July 8, 2021

Press Release

Finnegan Maintains Top Rankings in 2020 IAM Patent 1000 Guide Finnegan Maintains Top Rankings in 2020 IAM Patent 1000 Guide

June 17, 2020

Intellectual Asset Management

Commentary

Virus Delays at Int’l Trade Commission Stir Case Backlog Worries Virus Delays at Int’l Trade Commission Stir Case Backlog Worries

April 13, 2020

Bloomberg Law

Media Mention

Honda, Toyota Imports Cleared in ITC Infringement Review Honda, Toyota Imports Cleared in ITC Infringement Review

July 24, 2019

Law360

Press Release

IAM 2019 Patent 1000 Guide Continues to Rank Finnegan as a Top Tier IP Firm IAM 2019 Patent 1000 Guide Continues to Rank Finnegan as a Top Tier IP Firm

June 24, 2019

Commentary

Shutdown Could Disrupt a Number of ITC Patent Cases Shutdown Could Disrupt a Number of ITC Patent Cases

January 24, 2019

Law360
37 more

Professional Activities

  • American Bar Association (Section on Intellectual Property Law)
  • American Intellectual Property Law Association
  • ITC Trial Lawyers Association
  • Federal Circuit Bar Association
Admissions and Education

Admissions

  • District of Columbia
  • Ohio
  • U.S. District Court, N.D. Ohio
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Federal Circuit
  • Supreme Court of the United States

Education

The Ohio State University, Moritz College of Law
J.D., with honors, with honors, 1987
Oberlin College
B.A., Chemistry and Government, 1984

Clerkships

  • Ohio Court of Appeals, Eighth District, Hon. Richard M. Markus

Smith's Practices

Patent Litigation
Appeals
ITC Section 337
Patent Trial

Smith's Industries

Communications
Financial Services and Business Systems
Electronics and Information Technology
Electrical and Computer Technology
Electronic Devices and Components
Robotics
Energy
Chemical
Hospitality, Gaming, and Leisure
Media
Transportation and Logistics
Aerospace, Aviation, and Unmanned Aerial Systems (UAS)
Automotive

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