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Finnegan, Henderson, Farabow, Garrett & Dunner LLP

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Smith R. Brittingham IV

Work +1 202 408 4158
Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Work Department

Intellectual Property


Co-Leader of ITC Litigation Practice


Smith Brittingham concentrates on intellectual property litigation. He has extensive experience in the trial and appellate courts, and he has particular expertise in cases before the U.S. International Trade Commission (ITC). Mr. Brittingham currently serves as co-leader of the firm’s ITC litigation practice. Mr. Brittingham joined Finnegan after serving as a senior investigative attorney with the ITC's Office of Unfair Import Investigations. He has been involved in more than 50 ITC investigations and more than 20 ITC trials, as well as trials in U.S. district courts and appeals before the U.S. Court of Appeals for the Federal Circuit.


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


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

United States: Intellectual property

Patent litigation: international trade commission

Within: Patent litigation: international trade commission

Finnegan, Henderson, Farabow, Garrett & Dunner LLP’s Washington DC-based ITC Section 337 team handled a large number of investigations, representing both complainants and respondents in cases involving parallel district court litigation. The team includes practitioners with ITC experience in the chemical, pharmaceutical and mechanical fields. In 2016, John Livingstone (Atlanta) and Mareesa Frederick represented Ajinomoto in US district court and before the ITC in proceedings against CJ CheilJedang to prevent the importation of certain L-tryptophan and L-tryptophan products. Among other high-profile matters, Elizabeth Niemeyer, Qingyu Yin and Smith Brittingham are representing respondents BMC Medical in an ITC investigation regarding four patents of ResMed’s breathing machines and accessories. Christine Lehman, who previously served as an investigative attorney at the ITC, is another main contact.

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