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.
viewpoints
Steps Your Company Should Consider Now to Protect Value with a Wave of Trade Secret Litigation on the Horizon Due to COVID-19 Pandemic, Economic Downturn, and Jobless Claims
April 17, 2020 | Blog | By Michael Renaud, Nicholas Armington
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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Federal Judge Confirms that Federal Trade Secret Statute Applies to Misappropriation that Occurs Overseas
March 11, 2020 | Blog | By Michael Renaud, Nicholas Armington
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 Rings in 2020 with Top 10 Recognition for ITC Practice
January 6, 2020 | Blog
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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Criminal Statute for Organized Crime Now Available to Combat Trade Secret Theft – But What is an Act of Trade Secret Theft under Civil RICO?
June 18, 2019 | Blog | By Michael Renaud, Nicholas Armington
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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International Trade Commission Becomes Even More Potent Venue for Victims of Trade Secret Misappropriation
January 30, 2018 | Blog | By Michael Renaud, Nick Armington
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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Potential Future Harm to Patent Holder Found to Justify Imposition of Preliminary Injunction
November 8, 2017 | Blog | By Andrew DeVoogd, Nick Armington
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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DTSA Does Not Create a Private Civil Cause of Action for Conspiracy to Commit Trade Secret Theft
September 25, 2017 | Blog | By Michael Renaud, Nick Armington
The Defend Trade Secrets Acts (DTSA) provides an important tool for any company possessing trade secrets to bring a suit in federal court to remedy and prevent dissemination of a misappropriated trade secret.
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DTSA and Ex Parte Seizure – Lessons from the First Ex Parte Seizure Under The DTSA
August 21, 2017 | Blog | By Michael Renaud, Nick Armington
The Defend Trade Secrets Act (DTSA) Ex Parte Seizure mechanism allows victims of trade secret misappropriation to quickly prevent further dissemination of confidential information by asking a court to direct federal marshals to seize stolen trade secret material and secure that material during the pendency of a formal DTSA case.
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News & Press
Twenty-Five Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 21, 2023
BOSTON – Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.
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
Recognition & Awards
Listed in Boston Magazine’s Top Lawyers (2023)
Involvement
- Member, Sedona Conference Working Group 12 for Trade Secrets
Recent Insights
How Your Trade Secret Could Help to Defend Against Claims of Patent Infringement
February 1, 2024| Blog|
BOSTON – Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.
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.
