Partner
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.
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
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
May/June 2025
IP LitigatorArticles
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 ReviewWebinar
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
"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
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
Law360Commentary
CBP Clears Redesigned Innoscience Chips After ITC Case CBP Clears Redesigned Innoscience Chips After ITC Case
March 12, 2026
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