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.
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