Wayne W. Herrington

Wayne W. Herrington is a seasoned patent litigation attorney primarily operating within the U.S. International Trade Commission (ITC), Office of the General Counsel. His practice centers on Section 337 investigations, where he defends the Commission's determinations and findings, rather than representing private complainants or respondents. His work indicates a focus on a variety of technology areas, including mechanical devices, software, firmware, and electronics, as seen in cases involving wet/dry surface cleaning apparatuses with sophisticated battery charging and self-cleaning mechanisms, as well as electronic devices with image processing systems, lighting products, and semiconductor technologies.

Throughout his career, Mr. Herrington has consistently served as counsel for the U.S. International Trade Commission. His role typically involves defending the ITC's administrative law judges' and the Commission's final determinations before the U.S. Court of Appeals for the Federal Circuit. This unique position means his litigation practice is inherently defensive of the Commission's adjudicatory functions, as evidenced by his lead counsel role in one tracked appearance on the defendant side.

A notable case in his practice is Bissell Inc. v. International Trade Commission, decided by the Federal Circuit on May 11, 2026. In this matter, the Federal Circuit affirmed the ITC's determination regarding alleged infringement of patents covering wet/dry surface cleaning devices, specifically upholding the finding that redesigned products by Tineco did not infringe, while original products were found to infringe. Beyond specific case work, Mr. Herrington has also co-authored "Intellectual Property Rights and United States International Trade Laws," a comprehensive guide to Section 337 proceedings and intellectual property remedies under U.S. trade laws.

While his practice extensively involves the ITC, public records do not indicate direct involvement in IPR or PGR proceedings at the Patent Trial and Appeal Board (PTAB). Information regarding Mr. Herrington's bar admissions and educational background was not reliably sourced in public records specific to him as a patent attorney at the ITC and is therefore omitted.