Richard L. Rainey

Richard L. Rainey is a highly experienced trial and appellate intellectual property litigator and a partner in Covington & Burling LLP's Washington, DC office, where he specializes in patent litigation. His practice encompasses high-stakes disputes in district courts, before the U.S. International Trade Commission (ITC), and at the Federal Circuit, with a focus on complex technological matters including electronic communications, agricultural technology, life sciences, MLC NAND Flash memory, and LED/LD manufacturing.

Mr. Rainey primarily represents operating companies and corporate defendants. This is consistent with his three tracked appearances, all on the defendant side, as well as his prior role as GE's Global Chief IP Litigator. He also represents patent owners in certain contexts, notably in appellate matters and PTAB proceedings, as demonstrated by his representation of Return Mail Inc..

Throughout his career, Mr. Rainey has achieved significant outcomes. He co-led the Covington team that secured a landmark Supreme Court ruling in Return Mail v. U.S. Postal Service (2019), which held that the federal government cannot petition the Patent Trial and Appeal Board (PTAB) to institute patent review proceedings. Other notable successes include affirming a $21 million jury verdict for Elbit Systems Ltd. against Hughes Network Systems LLC and reversing an $85 million jury verdict in MuniAuction, Inc. v. Thomson Corp.. He has handled more than 75 appeals before the Federal Circuit and possesses substantial experience with various post-grant proceedings before the PTAB.

Mr. Rainey earned his B.S. from the Massachusetts Institute of Technology (1989) and his J.D. from The George Washington University Law School (1994), where he was Order of the Coif and winner of the Giles S. Rich Moot Court Competition. He is admitted to practice before the United States Patent and Trademark Office and served as a law clerk for both the U.S. District Court for the District of Delaware and the U.S. Court of Appeals for the Federal Circuit.