Covington Secures ITC Victory for Global Mining Technology Company

WASHINGTON—Covington secured an important patent litigation victory before the U.S. International Trade Commission (ITC) on behalf of its client Imdex Ltd., a global mining technology company that enables drilling contractors and resource companies to find, define and mine orebodies.

In March 2022, two Imdex subsidiaries, Australian Mud Company Pty Ltd. and Reflex USA LLC, commenced proceedings in the ITC seeking enforcement of a patent relating to methods for orienting core samples taken from the earth (United States Patent No. 7,584,055). Following a trial held in November 2022, Imdex, and respondents Globaltech and Boart Longyear, agreed to a resolution of the ITC proceeding that included respondents Globaltech and Boart Longyear acknowledging infringement and entering into a consent order requiring them to withdraw from, and no longer sell, import or supply their core orientation products in the U.S. market.

On January 17, 2023, the ITC affirmed an initial determination of the presiding Administrative Law Judge granting the parties’ joint motion to terminate the investigation and issued the consent order.

The Covington team representing Imdex included Brian Nester, Peter Swanson, Michael Kennedy, Jessica Hill, Patrick Flynn, Derek Andros, Amy Bond, Scott Burger, Jennifer Cieluch, Nicholas Evoy, Mike Morey, Natalie Ritchie, Danute Abrishami, and Marissa Golub.