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Finnegan
Smith R. Brittingham
Partner
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  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
+1 202 408 4158
smith.brittingham@finnegan.com smith.brittingham@finnegan.com

Smith R. Brittingham

Partner

  • +1 202 408 4158 +1 202 408 4158
  • smith.brittingham@finnegan.com smith.brittingham@finnegan.com
  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
  • vCard

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 co-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 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 (IAM), 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

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.

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

More

Insights

Workshop

Guangdong Overseas Intellectual Property Promotion Association Training – Shenzhen Guangdong Overseas Intellectual Property Promotion Association Training – Shenzhen

July 17, 2025

Shenzhen

Articles

Structuring Patent Royalties to Avoid Unnecessary U.S. Customs Duties: Lessons from CBP Rulings

Structuring Patent Royalties to Avoid Unnecessary U.S. Customs Duties: Lessons from CBP Rulings Structuring Patent Royalties to Avoid Unnecessary U.S. Customs Duties: Lessons from CBP Rulings

May/June 2025

IP Litigator

Articles

Why Recent ITC Rulings Are Good News for SEP Owners and the Commission

Why Recent ITC Rulings Are Good News for SEP Owners and the Commission Why Recent ITC Rulings Are Good News for SEP Owners and the Commission

April 15, 2025

World Intellectual Property Review

Webinar

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

More

Professional Recognition

"Nobody knows the ITC better than he does."

The Legal 500 U.S.

“[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

“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

“Anchoring the ITC practice, meanwhile, is Smith Brittingham who has lately been winning make-or-break Section 337 cases…”

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

“Smith Brittingham [is a] lynchpin of the firm’s ITC practice.”

Intellectual Asset Management Patent 1000

“Leading ITC figures… include ‘focused operator’ Smith Brittingham.”

Intellectual Asset Management Patent 1000

“‘ITC expert’ Smith Brittingham heads the practice…”

The Legal 500 U.S.

“With Smith Brittingham…on the grind, the ITC remains a happy hunting ground.”

Intellectual Asset Management Patent 1000

"Nobody knows the ITC better than he does."

The Legal 500 U.S.

“[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

“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

“Anchoring the ITC practice, meanwhile, is Smith Brittingham who has lately been winning make-or-break Section 337 cases…”

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

“Smith Brittingham [is a] lynchpin of the firm’s ITC practice.”

Intellectual Asset Management Patent 1000

“Leading ITC figures… include ‘focused operator’ Smith Brittingham.”

Intellectual Asset Management Patent 1000

“‘ITC expert’ Smith Brittingham heads the practice…”

The Legal 500 U.S.

“With Smith Brittingham…on the grind, the ITC remains a happy hunting ground.”

Intellectual Asset Management Patent 1000

News

Award/Ranking

Finnegan Earns Top Rankings in 2026 IAM Patent 1000 Guide; Nearly 60 Attorneys Ranked Finnegan Earns Top Rankings in 2026 IAM Patent 1000 Guide; Nearly 60 Attorneys Ranked

May 28, 2026

Intellectual Asset Management (IAM)

Press Release

Finnegan Secures Decisive ITC Victory for Innoscience in Final Determination Finnegan Secures Decisive ITC Victory for Innoscience in Final Determination

May 11, 2026

Commentary

ITC Bars Import of Innoscience Chips Made Before Redesign ITC Bars Import of Innoscience Chips Made Before Redesign

May 8, 2026

Law360

Commentary

CBP Clears Redesigned Innoscience Chips After ITC Case CBP Clears Redesigned Innoscience Chips After ITC Case

March 12, 2026

Law360

Press Release

Finnegan Achieves Massive CBP Victory for Innoscience, Capping a Series of Decisive Wins Against EPC Finnegan Achieves Massive CBP Victory for Innoscience, Capping a Series of Decisive Wins Against EPC

February 24, 2026

Press Release

Finnegan Secures Major ITC Victory in Initial Determination for Innoscience Finnegan Secures Major ITC Victory in Initial Determination for Innoscience

January 29, 2026

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Professional Activities

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

Admissions

  • District of Columbia
  • Ohio
  • U.S. District Court, N.D. Ohio
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Sixth 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 Markus

Smith's Practices

Diligence, Licensing, and Opinions
Standard Essential Patents (SEPs)
Global IP Enforcement, Litigation, and Trials
Federal Circuit and Supreme Court Appeals
ITC Section 337 Investigations and Trials
Patent Litigation and Trials
Standard Essential Patents (SEPs)
Prosecution and Portfolio Management
Standard Essential Patents (SEPs)

Smith's Industries

AI, Electronics, and Information Technology
Electrical and Computer Technology
Electronic Devices and Components
Robotics
Chemicals, Industrials, and Materials
Chemical
Communications
Financial Services and Business Systems
Media
Transportation and Logistics
Aerospace, Aviation, and Unmanned Aerial Systems (UAS)
Automotive and Smart Mobility Tech

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