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Nicholas W. Armington

Associate

[email protected]

+1.617.348.4451

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Nicholas is a litigator who combines practical advice with deep experience to deliver results for his clients who find themselves the target of a lawsuit, or require the assistance of the courts to resolve a dispute. Nicholas represents 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.

Nicholas brings robust courtroom experience to litigating trade secret and other matters. Aside from the trial work he has done for his clients at Mintz, while a Special Assistant District Attorney in the Middlesex County District Attorney’s Office, Nicholas prosecuted over 150 criminal matters, trying well over a dozen jury and bench trials. 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.

Education

  • Northeastern University (JD)
  • Williams College (BA)

Experience

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.

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.

Recent Insights

News & Press

Events

Viewpoints

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The “Perfect Storm”: COVID-19 and Trade Secret Litigation

June 29, 2020 | Video | By Nicholas Armington

In the first of a series of videos discussing developments in trade secret litigation, Mintz’s Nick Armington explains why the volume of trade secret litigation in state and federal courts is expected to greatly increase over the next five years as a result of the COVID-19 pandemic. 
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Arbitration of IP Disputes in a Post-COVID-19 World

June 2, 2020 | Blog | By Matthew Hurley, Michael Renaud, Nicholas Armington

The COVID-19 pandemic has caused individuals and companies alike to face the reality of a rapid economic downturn followed by a potentially slow recovery characterized by continued economic challenges.
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The coronavirus pandemic has created profound changes to how many Americans do their work, with an outsized number now working from home. This arrangement, while necessary given social distancing requirements and the stay-at-home advisories in many states, has created a marked increase to the threat of trade secret misappropriation.
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Earlier this month, a Northern District of Illinois jury returned a verdict in favor of Motorola for over $700 million after a trial in which Motorola alleged that Hytera hired three engineers away from Motorola’s Malaysian office, and that those engineers stole and brought with them thousands of Motorola’s trade secret technical documents that Hytera used to develop a state-of-the-art digital radio that was functionally indistinguishable from Motorola’s.
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Mintz is recognized as among the top ten firms in ITC Section 337 litigation by Patexia in its inaugural "ITC Intelligence Report". We are pleased to be among the firms included in this publication and thrilled that it has come on the heels of a great year at the ITC for the Mintz team.
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The DTSA standing alone provides significant recourse for trade secret owners who have fallen victim to trade secret theft. Apart from the protection provided by the DTSA itself, however, the statute also allows trade secret owners to leverage the Racketeer Influence and Corrupt Organizations Act (RICO), a statute passed to address organized crime, to combat trade secret misappropriation. The DTSA does this by making trade secret theft qualify as a predicate act sufficient to show racketeering activity under RICO. This fairly new tool gives trade secret owners another potent option when confronting trade secret theft.
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Massachusetts Adopts Uniform Trade Secrets Act

September 6, 2018 | Blog | By Michael Renaud, Nicholas Armington

On October 1, 2018, Massachusetts will become the 49th state to adopt a version of the Uniform Trade Secrets Act. The version of the UTSA that Massachusetts will adopt bears notable similarities to the Defend Trade Secrets Act, the two year old federal trade secrets statute.
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District Court Grants Protection under DTSA Whistleblower Immunity for First Time

April 6, 2018 | Blog | By Michael Renaud, Nick Armington

The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute.
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Speed is almost always of the essence for the victim of trade secret misappropriation. Many companies ground their business in proprietary information that, if made public, would make the exclusive product or service those companies provide a commodity good.
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In Vecco Instruments Inc. v. SGL Carbon, LLC, No. 17-CV-2217 (E.D.N.Y. Nov. 2, 2017), Judge Pamela Chen in the Eastern District of New York recently granted Vecco’s motion for a preliminary injunction enjoining SGL Carbon.
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News & Press

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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.
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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.
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.
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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

Speaker
Oct
3
2019

Trade Secrets: The Legal and Economic Implications of DTSA

Berkeley Research Group, 1800 M Street NW, 2nd Floor, Washington, DC

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