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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.

Experience

Select Trade Secret Litigation

  • Palleon Pharms. Inc. v. Aviceda Therapeutics, LLC, et al., Civil Action No. 21-10755 (D. Mass.) – Represented defendants in case alleging misappropriation of trade secrets related to glycol-immunology to treat various human disorders associated with cancer and inflammation.
  • 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

  • Nanoco Technologies Ltd. v. Samsung Electronics Co., Ltd. et al., Civil Case No. 2:20-cv-00038 (E.D. Tex.) – 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.
  • Parus Holdings Inc. v. Apple Inc., et al., Civil Case No. 6:19-cv-432 (W.D. Tex.) – Represented plaintiff in patent litigation asserting patents related to voice activation and speech recognition.
  • Certain Point-to-Point Network Communication Devices and Products Containing Same (337-TA-892) – Represented complainant in patent litigation involving streaming media technology at the ITC and in parallel case in the Eastern District of Texas.
  • Advanced Aerodynamics, LLC v. Spin Master, Ltd., Civil Case No. 6:21-cv-00002 (W.D. Tex.) – Represented defendant in patent litigation alleging infringement of patents concerning self-righting aeronautical vehicles.
  • 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 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
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viewpoints

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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

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Open Question: Use of Stolen Trade Secrets May or May Not Qualify as a Predicate Act Under RICO

March 10, 2022 | Blog | By Adam Samansky, Michael McNamara, Nicholas Armington, Oliver Ennis

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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.
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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.
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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.
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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.
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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.
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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.
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Workplace Confidential: Preventing Former Employees from Using Your Trade Secrets

August 24, 2020 | Blog | By Adam Samansky, Nicholas Armington

By proactively protecting trade secrets and using litigation strategically, companies can minimize trade secret misappropriation by former employees.
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News & Press

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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.
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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.
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Events & Speaking

Nicholas W. Armington

Associate

Boston