Rainey, Richard

Covington and Burling, LLP | Partner

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 Richard 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. Richard also devotes considerable time to bar associations and teaching and writing in the intellectual property field.

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 Richard 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). Richard 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.

Richard, 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, Richard 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.” Richard also teaches patent enforcement at George Washington Law School.