Nicholas is a trial lawyer focusing on trade secret litigation who combines practical advice with deep experience to deliver results for clients. Nicholas has long experience representing clients in federal and state court, and at the International Trade Commission, where his practice covers all aspects of IP litigation with a focus on cases concerning allegations of trade secret misappropriation. Nicholas has delivered results for clients in a variety of technology areas, including network devices, semiconductors, consumer electronics, medical devices, and manufacturing devices. Mindful of the business realities of litigation, Nicholas actively fights for clients toward successful results in bet-the-company litigation while working simultaneously to counsel clients toward efficient and effective business results in pre-suit dispute resolution efforts. Nicholas’ practice also encompasses advising on the proactive protection and management of trade secret assets – often amongst a company’s most valuable assets.
Nicholas brings robust courtroom experience to his trade secret litigation practice. Aside from his trial work at Mintz, while a Special Assistant District Attorney in the Middlesex County District Attorney’s Office, Nicholas prosecuted over 150 criminal matters, trying many in jury and bench trials. Nicholas also maintains an active pro bono practice where he has represented numerous asylum seekers, among other matters, and has appeared before both trial and appellate courts.
Prior to joining Mintz, Nick worked for Hon. Ralph D. Gants, Chief Justice of the Massachusetts Supreme Judicial Court, and Hon. Patti B. Saris, Chief Judge of the US District Court, District of Massachusetts. Nicholas also played soccer professionally before going to law school.
Experience
Recent Trade Secret Litigation and Related Matters
- Successfully defended pharmaceutical start-up company facing claims of trade secret misappropriation related to glycol-immunology used to treat various human disorders associated with cancer and inflammation.
- Successfully obtained injunctive relief against Chinese entities accused of misappropriating trade secrets related to medical X-ray devices on behalf of a multi-national medical devices company.
- Successfully represented company in the business of producing hi-frequency and hi-power chips concerning allegations of trade secret misappropriation against former joint development partner.
- Successfully defended start-up medical device company against claims of trade secret misappropriation by larger multi-national medical device company operating in same technology space.
- Successfully obtained partial summary judgment on behalf of multi-national business intelligence company against defendants’ counterclaims in matter where client alleged trade secret misappropriation against former employees and a competing firm they established.
- Represent business consulting firm in claims for unlawful use of proprietary and confidential information utilized improperly by former customer of client.
- Successfully advised client in the microchip development space concerning allegations of trade secret misappropriation against a former employee toward a pre-suit resolution of the dispute that avoided the need for litigation.
- Successfully advised client that provides human resources technology solutions concerning the misappropriation of trade secret information by a former employee toward a pre-suit resolution of the dispute that avoided the need for litigation.
- Successfully advised client in the business of providing temporary staffing solutions toward a resolution of allegations of trade secret misappropriation by multiple former employees shortly following the filing of suit against former employees.
- Successfully advised client in the business of cellular communications technology in the defense of allegations of trade secret misappropriation.
- Successfully advised client in the business of waste management technology in responding to demand correspondence alleging trade secret misappropriation towards avoidance of litigation.
- Advised life sciences client in the implementation of reasonable measures to protect trade secret assets.
Recent Patent Litigation
- Successfully represent plaintiff in a case alleging infringement of patents on the synthesis of quantum dots, and the use of quantum dot film resins in televisions and other electronic display devices, obtaining a $150,000,000 million settlement.
- Successfully represented defendant in patent litigation alleging infringement of patents concerning self-righting aeronautical vehicles.
- Represented Complainant in an ITC investigation adverse to a number of consumer electronics companies alleging infringement of patents related to the operation of smartphones.
Select Trade Secret Litigation
- Philips Medical Systems (Cleveland), Inc., et al. v. Buan, et al., 19-cv-2648 (N.D. Ill) – Represent Plaintiff in trade secret misappropriation action in the U.S. District Court for the Northern District of Illinois.
- Novatrans Group S.A. v. Vital Farms, Inc. et al., 1:18-cv-01012-RGA (D. Del.) – Represented Plaintiff in trade secret misappropriation action in the U.S. District Court for the District of Delaware.
Select Patent Litigation
- Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same (337-TA-1052, -1073) – Represented Complainant in this ITC investigation, and in parallel Federal District Court cases.
- Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same (337-TA-984) - Represented Complainant in an ITC investigation adverse to a number of automotive manufacturers, and infotainment system and chip suppliers.
- Certain Communications or Computing Devices and Components Thereof (337-TA-925) - Represented Complainant in an ITC investigation adverse to a number of consumer electronics companies.
- Represented complainant in patent litigation involving streaming media technology at the ITC and in parallel case in the Eastern District of Texas.
- Represent plaintiff in a case alleging infringement of patents on the synthesis of quantum dots, and the use of quantum dot film resins in televisions and other electronic display devices.
- Represented plaintiff in patent litigation asserting patents related to voice activation and speech recognition.
Select Inter Partes Reviews
- Victory at CAFC: PTAB Decision Reversed and Remanded – Represented Straight Path IP Group in successfully appealing to the Court of Appeals for the Federal Circuit (CAFC) the adverse result of an inter partes review handled by another firm. The IPR decision canceled all challenged claims of Straight Path’s U.S. Patent No. 6,108,704. In the Straight Path IP Group, Inc. v. Sipnet EU SRO appeal, the CAFC for the first time completely reversed an adverse IPR decision, remanding the matter for further proceedings under the correct construction advocated by Mintz and Straight Path.
- Defense of Multiple IPRs – Point-to-Point Communication Over Computer Networks – Currently representing Straight Path IP Group in the defense of seventeen inter partes reviews filed against three U.S. patents concerning technology for facilitating point-to-point communications over computer networks. Petitioners include Samsung Electronics Co., Ltd.; Cisco Systems, Inc.; Avaya Inc.; LG Electronics, Inc.; Toshiba Corp.; VIZIO, Inc.; Verizon Communications, Inc.; and Hulu, LLC.
Federal District Court
- Straight Path IP Group, Inc. v. BlackBerry Limited et al., 13-cv-00604 (E.D. Tex.) – Currently representing plaintiff in a patent infringement case relating to smartphones, televisions, tablets, and related technology.
- This case was consolidated with Docket 1857 - Securenet v. Agent Video
viewpoints
I Spy a Trade Secret: Conducting Proper Trade Secret Asset Management Review to Avoid Sufficiency Failure in Litigation
April 5, 2023 | Blog | By Nicholas Armington , Michael Renaud, Jonathan Engler
Successful defense of trade secrets in litigation begins with evaluating valuable confidential information and steps taken to safeguard it before any disputes arise. Trade secret asset management allows companies to effectively frame misappropriation or theft claims and advance arguments at every stage of a trade secrets dispute.
Read more
An Emerging Split on the Applicability of the Inevitable Disclosure Doctrine Under the DTSA
October 10, 2022 | Blog | By Oliver Ennis, Nicholas Armington , Adam Samansky
Trade Secret Misappropriation Not Sufficiently Plead Where Defendant Possessed but did Not Threaten to Disclose Trade Secret Information in Southern District of New York Case
January 25, 2022 | Blog | By Adam Samansky, Nicholas Armington
Last year, the U.S. District Court for the Southern District of New York addressed an issue of first impression concerning what constitutes “misappropriation” under the Defend Trade Secrets Act (DTSA) in a decision potentially relevant to cases involving allegations of trade secret misappropriation under the DTSA against a former employee. This case is worthy of note for any trade secret practitioner and is an important reminder that when pleading alleged trade secret misappropriation, it is not only important to describe the trade secret with sufficient particularity, but also to sufficiently describe the alleged misappropriation so as to illustrate the alleged acquisition of the trade secret by improper means or disclosure of the trade secret without consent.
Read more
Removing Barriers to Second Chances
January 24, 2022 | Article
Mintz initiated many pro bono projects to combat systemic racism after the murder of George Floyd, including organizing Massachusetts Criminal Offender Record Information sealing clinics with the Lawyers Clearinghouse and conducting research for a Boston-based nonprofit into how housing authorities around the country evaluate applicants with open criminal charges.
Read more
Fast Track to Justice for Trade Secret Theft at the ITC: New Senate Bill Would Expand ITC Authority to Curtail Trade Secret Theft by Foreign Governments
June 23, 2021 | Blog | By Michael Renaud, Rich Gervase, Nicholas Armington
Amid the continuing threat to U.S. intellectual property rights posed by foreign actors, the International Trade Commission (ITC) is poised to become the latest federal agency to bolster protections for U.S. IP owners. The ITC’s broad power to exclude the importation into the U.S. of products that infringe American intellectual property now has the potential to be made even more robust through a new bill introduced by Senators John Cornyn (R-Tex.), Christopher Coons (D-Del.), and Todd Young (R-Ind.) on June 15, 2021, that would provide expedited relief for trade secret theft victims.
Read more
Fact-Specific Inquiry: Deciding Between Trade Secret and Patent Protection
September 15, 2020 | Blog | By Adam Samansky, Nicholas Armington
Innovations that are eligible for patent protection are often vital to a company’s revenue stream and profitability, but in some cases, opting for trade secret protection is a better strategic choice.
Read more
Rules of Engagement: Minimizing Trade Secret Disputes when Hiring Rival Employees
September 10, 2020 | Blog | By Adam Samansky, Nicholas Armington
An ethical corporate culture and clear expectations during the hiring process can help companies curtail trade secret disputes when hiring employees from rival companies.
Read more
Playing Fair: Protect Trade Secrets from Business Partners
September 8, 2020 | Blog | By Adam Samansky, Nicholas Armington
Companies can minimize trade secret theft by business partners by instituting non-disclosure agreements before sharing trade secrets and establishing general confidentiality agreements with business partners.
Read more
News & Press
Trade Secret Litigation Soars In The Life Sciences Industry
October 2, 2023
Member Thomas Wintner and Associate Nicholas Armington co-authored an article published by IAM on the developing trend of trade secret litigation in the life sciences sector.
I Spy a Trade Secret: Conducting Proper Trade Secret Asset Management Review To Avoid Sufficiency Failure In Litigation
July 12, 2023
Intellectual Property Chair Michael T. Renaud, Member Jonathan J. Engler, and Associate Nicholas Armington co-authored an article published in the May/June 2023 issue of IP Litigator examining a recent trade secret case in California.
Watching The DTSA Court Split On Inevitable Disclosure
October 18, 2022
Mintz Member Adam Samansky and Associates Nicholas Armington and Oliver Ennis co-authored an article re-published in Law360 exploring the split amongst federal courts on the Defend Trade Secrets Act.
Law360 covered developments in a trade secret lawsuit involving X-ray tubes brought on by Mintz client Philips Medical Systems, Inc. against Chinese companies Kunshan GuoLi Electronic Technology Co. Ltd. and its subsidiary, Kunshan Yiyuan Medical Technology Co. Ltd.
A front page story in Bloomberg Law included commentary from Mintz Associate Nicholas Armington on an increased threat of trade secret theft as the coronavirus pandemic necessitates telework and drives layoffs.
The U.S. International Trade Commission (ITC) has announced it's launching an investigation into whether thermoplastic parts used in certain BMW, Honda, and Toyota vehicle models have infringed five patents owned by Intellectual Ventures LLC.
The Defend Trade Secrets Act: A Powerful New Tool for Employers
October 25, 2016
IP Division Head Michael Renaud and Associate Nick Armington authored this Bloomberg BNA Daily Labor Report column examining the protections and provisions brought about by the DTSA and how employers can fully leverage it to combat trade secret theft.
IP Division Head Michael Renaud and Associate Nick Armington authored this Bloomberg BNA Daily Labor Report column that examines the DTSA and how employers can fully leverage it to combat trade secret theft.
This article notes that the Patent Trial and Appeal Board (PTAB) upheld claims in a Straight Path IP Group patent matter. The coverage notes that the decision follows a rare reversal by the Federal Circuit that found the PTAB used an incorrect claim construction previously.
This article notes that the Patent Trial and Appeal Board has upheld the validity of two Straight Path patents in Samsung Electronics Co. Ltd.’s review.
Events & Speaking
Speaker
Oct
14
2020
Trade Secret Threat Looms Due to Economic Downturn: Protecting and enforcing trade secrets in the COVID era
View the Webinar Recording
Speaker
Speaker
Speaker
Oct
3
2019
Trade Secrets: The Legal and Economic Implications of DTSA
Berkeley Research Group, 1800 M Street NW, 2nd Floor, Washington, DC
Speaker
Nov
14
2018
The Defend Trade Secrets Act: Rising Developments and Trends Employers Should Know
The Knowledge Group
Webinar
Panelist
Jun
28
2018
Data Protection at the Intersection of Trade Secrets and Cybersecurity
Boston Patent Law Association
Mintz Levin One Financial Center Boston, MA
Speaker
Read less
Mar
26
2018
The Defend Trade Secrets Act: A Powerful Tool for Companies to Protect Their Trade Secrets
myLawCLE
Webinar
Recent Insights
Member Thomas Wintner and Associate Nicholas Armington co-authored an article published by IAM on the developing trend of trade secret litigation in the life sciences sector.
Intellectual Property Chair Michael T. Renaud, Member Jonathan J. Engler, and Associate Nicholas Armington co-authored an article published in the May/June 2023 issue of IP Litigator examining a recent trade secret case in California.
