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Evan H. Langdon

Partner, Chair ITC Practice

Washington, D.C.

202-507-4899

elangdon@fabricantllp.com

Intellectual Property

 Litigation Finance

ITC Litigation

IP Litigation

Evan is an experienced first chair trial attorney who focuses his practice on Section 337 investigations before the ITC, intellectual property litigation in U.S. District Courts, and appeals before the Federal Circuit. Evan counsels clients on the nuances of navigating fast-paced ITC Section 337 litigation involving patents, trademarks, trade dress, and other unfair acts.

 

Evan’s practice is dedicated to representing U.S. and foreign companies on intellectual property matters before the ITC and U.S. District Courts. He leverages his mechanical engineering background and experience as a primary examiner at the United States Patent and Trademark Office to litigate disputes across a wide variety of industries including LED lighting and display devices, mobile electronic devices and chipsets, data processing systems, semiconductors, lighting control devices, consumer electronics and accessories, shoes, household appliances, automotive, sporting equipment, and various mechanical devices.

 

Recognized among the nation’s top ITC Section 337 practitioners by Chambers USA, Evan has represented clients in more than thirty ITC Section 337 investigations. He is adept at navigating the unique and complex procedural and technical issues of Section 337 investigations, and the rigorous economic analyses required for domestic industry and public interest. Evan also guides clients through post-investigation enforcement efforts.

 

Prior to joining Fabricant, Evan was a partner at Nixon Peabody LLP, serving as the leader of the ITC Section 337 team. Prior to Nixon Peabody, Evan was a partner at Adduci, Mastriani and Schaumberg LLP.

Presentations

 

  • “High Stakes Patent Litigation: The ITC vs. District Court,” IPWatchdog LIVE 2022, Dallas, TX, September 11, 2022

  • “337 Investigations: Leverage & Strategy at the ITC,” Patent Litigation Masters™ 2022, Washington DC, May 23, 2022

  • “Eliminating Counterfeit Whack-a-Mole: How to Use U.S. Trade Remedies to Develop and Implement an Effective, Affordable, and Integrated Battle Plan to Combat the Online Sale of Counterfeit Goods,” International Trademark Association (INTA) 2020 Annual Meeting, Virtual Roundtable, November 18, 2020

  • “Don't Tread on My IP: The Role of Domestic and Foreign Actors in Shaping Intellectual Property Law,” American University Business Law Review Symposium, Webinar, November 13, 2020

  • “In Search of Injunctive Relief in Patent Infringement Litigation,” IPWatchdog Virtual CON2020, Webinar, September 3, 2020

  • “Direct Enforcement of University IP—A Case Study of UC Santa Barbara’s Enforcement of Patent Rights Against Retailers,” AUTM 2019 Eastern Region Meeting, Raleigh, NC, October 3, 2019

  • “Section 337 and Unfair Trade Practices,” Japan Intellectual Property Association, October 26, 2017

  • “Developments in Domestic Industry,” IPO’s ITC Committee Conference, San Francisco, CA, June 29, 2017

  • “Supreme Court Observations: Alice Corp. v. CLS Bank,” AIPLA ITC Committee Panel Teleconference on Ground Rules at the ITC, June 25, 2015

 

Publications

 

  • "Intellectual Property Enforcement before the International Trade Commission", Intellectual Property & Technology Law Journal, June 2022

  • “Pilot Program: Expediting Case-Dispositive Intellectual Property Issues at the International Trade Commission,” Intellectual Property & Technology Law Journal, May 2022

  • “The Impact of Overturning eBay v MercExchange,” IPWatchdog, March 2020

  • “Universities should consider ITC for IP protection,” Tech Transfer Tactics, February 2020

  • “The Case for Early Adjudication of Potentially Dispositive Issues at the USITC,” Landslide, May/June 2018

  • “Does the ITC need eBay?” Bloomberg BNA, July 2013

  • “ITC Gets Creative To Limit NPE Access Under Section 337,” Law360, April 2013

Representative Experience

 

  • Represent Henson Holdings, LLC d/b/a SelectSoma in a Section 337 investigation brought by Purple Innovation LLC relating to alleged trademark and trade dress infringement of certain pillows and seat cushions. The investigation instituted in September 2022, and is ongoing. Certain Pillows and Seat Cushions, Components Thereof, and Packaging Thereof. (ITC Inv. No. 337-TA-1328)

  • Represented Comerg LLC, which manufactures plant extraction, remediation, and faction distillation systems, in a Section 337 investigation against complainant Apeks, LLC. The investigation was instituted in April 2022. The investigation ended favorably when complainant withdrew its complaint.  Certain Centrifuge Utility Platform and Falling Film Evaporator Systems and Components Thereof (ITC Inv. No. 337-TA-1311)

  • Represent Easton Diamond Sports, LLC, one of the most recognizable brands in baseball and so ball equipment, in a Section 337 investigation against respondents Monsta Athletics LLC, Juno Athletics LLC, and Proton Sports Inc. relating to patent infringement of respondents’ composite baseball and so ball bats. The investigation instituted in October 2021, and is ongoing. Certain Composite Baseball and Softball Bats and Components Thereof (ITC Inv. No. 337-TA-1283)

 

  • Represent The Regents of the University of California in a groundbreaking patent enforcement campaign to protect its rights in a revolutionary new generation of light bulb technology known as filament LED that was invented by a Nobel laureate-led team at UC Santa Barbara. The campaign includes litigation before the U.S. International Trade Commission, the U.S. District Courts for the Central District of California and Eastern District of New York, and the Patent Trial and Appeal Board at the U.S. Patent and Trademark Office. Certain Filament Light-Emitting Diodes and Products Containing Same (II) (ITC Inv. No. 337-TA-1220); and Certain Filament Light-Emitting Diodes and Products Containing Same (ITC Inv. No. 337-TA-1172)

 

  • Represented Solas OLED Ltd., the leading owner and licensor of technology focused on the organic light-emitting diode (OLED) market, in a Section 337 investigation against respondents Samsung and BOE Technology Group relating to patent infringement of respondents’ OLED displays. The investigation was instituted in February 2021, The investigation settled favorably after the hearing. Certain Active Matrix OLED Display Devices and Components Thereof (ITC Inv. No. 337-TA-1243)

 

  • Represented Chemtron Biotech, Inc., which manufactures global rapid diagnostic tests, in a Section 337 investigation against complainant ARK Diagnostics, Inc., alleging patent infringement. The investigation was instituted in January 2021. The investigation ended favorably when complainant withdrew its complaint.  Certain Gabapentin Immunoassay Kits and Test Strips, Components Thereof, and Methods Therefor (ITC Inv. No. 337-TA-1239)

 

  • Represented Price Point NY, which sells vaping and smoking accessories, in a Section 337 investigation against Complainant Juul Labs, Inc., alleging patent infringement. The investigation settled favorably prior to hearing. Certain Vaporizer Cartridges and Components Thereof (ITC Inv. No. 337-TA-1211)

 

  • Represented Lifetime Brands, Inc., a leading global provider of kitchenware, tableware, and other products used in the home, in a Section 337 investigation against complainant L&L Candle Company, alleging patent infringement. The investigation settled favorably after a dispositive claim construction ruling. Certain Electronic Candle Products and Components Thereof (ITC Inv. No. 337-TA-1195)

  • Represented Ecopure Filter Co. Ltd. in a patent-based investigation against Electrolux Home Products, Inc. and KX Technologies, LLC. The case settled favorably prior to the hearing. Certain Water Filters and Components Thereof (ITC Inv. No. 337-TA-1126)

 

  • Represented Ultravision Technologies, LLC, in a patent-base investigation against various respondents. The case settled favorably prior to the hearing. Certain Modular LED Display Panels and Components Thereof (ITC Inv. No. 337-TA-1114)

 

  • Represented Chauvet & Sons, Inc., in a patent-based investigation against Fraen Corporation. The case settled favorably prior to the hearing. Certain LED Lighting Devices and Components Thereof (ITC Inv. No. 337-TA-1107)

  • Represented BiTMICRO, LLC, in a patent-based investigation against Samsung, SK hynix, and other downstream respondents. The case was designated for the 100-day hearing and tried for domestic industry in February 2018. The ALJ found a domestic industry for BiTMICRO and the Commission affirmed. The case settled favorably during the evidentiary hearing. Certain Solid State Storage Drives, Stacked Electronics Components and Products Containing Same (ITC Inv. No. 337-TA-1097)

  • Represent Qualcomm Incorporated in a patent-based investigation against Apple. The case was tried in September 2018 and the ALJ issued a final initial determination finding a violation of Section 337. The case settled favorably prior to the Commission Opinion. Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof (ITC Inv. No. 337-TA-1093)

 

  • Represented Lowe’s Companies Inc. in a patent-based investigation against Philips Lighting. A hearing was held in July 2018, and the ALJ found a violation in-part. On review, the Commission reversed the ALJ and issued a notice of no violation of Section 337. Certain LED Lighting Deices, LED Power Supplies, and Components Thereof (ITC Inv. No. 337-TA-1081)

 

  • Represented Qualcomm Incorporated in a patent-based investigation against Apple. The case was tried in June 2018, and the ALJ found no violation in September 2018. On review, the Commission affirmed no violation. Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof (ITC Inv. No. 337-TA-1065)

 

  • Represented SanDisk and Western Digital in a patent-based investigation against Memory Technologies, LLC. The case settled favorably prior to the hearing. Certain Flash Memory Devices and Components Thereof (ITC Inv. No. 1337-TA-1034)

 

  • Represented Razor USA LLC in a patent-based investigation against Segway, Inc. The case settled favorably prior to the hearing. Certain Personal Transporters and Components Thereof (ITC Inv. No. 337-TA-1021/1007)

 

  • Represented 3S-smart Software Solutions, GmbH, in a patent-based investigation against Rockwell Automation, Inc. The case settled favorably prior to hearing. Certain Industrial Control System Software, Systems Using Same and Components Thereof (ITC Inv. No. 337-TA-1020)

 

  • Represented Razor USA LLC and Inventist, Inc., in a patent based investigation against various respondents. The case was tried in February 2017, and the ALJ issued an initial determination of no violation in May 2017. The Commission determined not to review and the findings were appealed to the Federal Circuit. The Federal Circuit remanded to the Commission for further proceedings. Certain Motorized Self-Balancing Vehicles (ITC Inv. No. 337-TA-1000)

 

  • Represented Oxford Nanopore Technologies Ltd. in a patent-based investigation against Illumina, Inc. The case settled favorably prior to hearing. Certain Nanopores and Products Containing Same (ITC Inv. No. 337-TA-991)

 

  • Represented Jacobs Vehicle Systems, Inc., in a patent-based investigation against Fiat Chrysler Automobiles and FCA. The case settled favorably prior to hearing. Certain Variable Valve Actuation Devices and Automobiles Containing the Same (ITC Inv. No. 337-TA-954)

  • Represented Converse, Inc., in a trademark and trade dress dispute against Skechers, New Balance, Wal-Mart Stores, Inc., Highline United LLC, and other respondents that defaulted or settled. The case was tried in July 2015, and the ALJ issued a finding of violation as to certain products and recommended a general exclusion order in November 2017. The Commission reversed the ALJ’s finding of violation and Converse appealed these findings to the Federal Circuit. In October 2018, the Federal Circuit vacated the Commission’s determination and remanded for further proceedings. Certain Footwear Products (ITC Inv. No. 337-TA-936)

 

  • Represented Spansion LLC in a patent-based investigation against Macronix and other downstream respondents. The case was tried in October 2014. The case settled favorably prior to the ALJ’s initial determination. Certain Flash Memory Chips and Products Containing the Same (ITC Inv. No. 337-TA-893)

 

  • Represented AlEn in a trademark dispute against The Clorox Company. The case settled favorably prior to hearing. Certain Laundry and Household Cleaning Products and Related Packaging (ITC Inv. No. 337-TA-891)

 

  • Represented Roederer Champagne Louis Roederer and Maisons Marques & Domaines USA Inc. in patent-based dispute against Lamina Packaging Innovations. The case was designated for the Commission’s first 100-day hearing and tried for domestic industry in May 2013. The ALJ found no violation based on no domestic industry. The Commission affirmed and terminated the investigation. Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof (ITC Inv. No. 337-TA-874)

 

  • Represented Emerson Electric Co. in a trademark dispute against Anaheim Manufacturing Co. The case settled favorably on the first day of the hearing. Certain Food Waste Disposers and Components and Packaging Thereof (ITC Inv. No. 337-TA-838)

 

  • Represented Winplus North America Inc. in patent-based investigation against Robert Bosch LLC. The case settled favorably prior to hearing. Certain Wiper Blades (ITC Inv. No. 337-TA-816)

 

  • Represented Apple Inc. in a patent-based investigation against Via Technologies, Inc. The case settled favorably prior to hearing. Certain Electronic Devices with Graphics Data Processing Systems, Components Thereof, and Associated Software (ITC Inv. No. 337-TA-813)

 

  • Represented Apple Inc. in a patent-based investigation against S3 Graphics Co. Ltd. The case settled favorably prior to hearing. Certain Computing Devices with Associated Instructions Sets and Software (ITC Inv. No. 337-TA-812)

 

  • Represented Otter Products, LLC, in a patent and trademark-based investigation against various respondents. The case was tried in April 2012 and the ALJ found a violation in June 2012. The Commission affirmed and issued a general exclusion order. Protective Cases and Components Thereof Complainant (ITC Inv. No. 337-TA-780)

 

  • Represented Lutron Electronics Co., Inc., in a patent-based investigation against various respondents. On summary determination, the ALJ found a violation. The Commission affirmed and issued a general exclusion order. Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (ITC Inv. No. 337-TA-776)

  • Represented Rolls-Royce Group in a patent-based dispute against United Technologies Corporation. The case settled favorably prior to hearing. Certain Turbomachinery Blades, Engines and Components Thereof (ITC Inv. No. 337-TA-751)

 

Recognition and Awards

 

  • Recognized as an “IP Star” by Managing Intellectual Property in 2022

  • Recognized as a “Leader in the Field” by Chambers Global in 2022 for Investment Funds: Intellectual Property

  • Recognized as “Up & Coming” in Chambers USA: America’s Leading Lawyers for Business 2022 and 2021 for International Trade: Intellectual Property (Section 337) (nationwide)

Catholic University of America,

Columbus School of Law, J.D., magna cum laude

Bar Admissions

  • District of Columbia

  • Virginia

  • U.S. Patent and Trademark Office

  • U.S. Court of Appeals, Federal Circuit

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Education

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Villanova University, BME, cum laude