Photo of Tarek Austin

Tarek Austin

Tarek Austin is a litigator focusing on high-stakes intellectual property disputes and appeals.

Tarek represents clients in the technology and life sciences sectors in complex matters primarily before federal district and appellate courts and the U.S. International Trade Commission. His litigation and advisory experience spans a wide range of technologies, including semiconductors, electronics, solar energy, wireless networking systems, quantum computing, software, and pharmaceuticals.

Tarek has substantial experience across all stages of litigation and expertise in case-dispositive motion practice and critical briefing. He advises on appellate strategy and regularly serves as a lead drafter of appellate briefs. He also handles day-to-day case management and has argued motions in jury and bench trials and proceedings before judicial panels.

Although Tarek’s practice centers on patent litigation, he has played key roles representing clients in disputes involving the federal government, copyright litigation, international commercial litigation, and foreign-judgment recognition proceedings.

Prior to joining Covington, Tarek clerked for Judge Sandra L. Lynch of the U.S. Court of Appeals for the First Circuit.

[This article also was published in Law360.]

In March 2017, Rep. Tom Graves, R-Ga., introduced a draft bill titled the Active Cyber Defense Certainty Act. The bill would amend the Computer Fraud and Abuse Act to enable victims of cyberattacks to employ “limited defensive measures that exceed the boundaries of one’s network in order to monitor, identify and stop attackers.”[1] More specifically, the ACDC would empower individuals and companies to leave their own network to ascertain the perpetrator (i.e., establish attribution), disrupt cyberattacks without damaging others’ computers, retrieve and destroy stolen files, monitor the behavior of an attacker, and utilize beaconing technology.[2] An updated, bipartisan version of the bill was introduced by Rep. Graves and Rep. Kyrsten Sinema, D-Ariz., in October 2017.[3]Continue Reading Litigation Options For Post-Cyberattack ‘Active Defense’