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
Protections of the Newly Enacted Defend Trade Secrets Act
May 12, 2016 | Blog | By Michael Renaud, Nick Armington
On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. This important new legislation creates a federal private civil cause of action for trade secret misappropriation in which “[a]n owner of a trade secret that is misappropriated may bring a civil action . . . if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce.”
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Explaining the Provisions of the Defend Trade Secrets Act
May 5, 2016 | Blog | By Michael Renaud, Nick Armington
The Defend Trade Secrets Act (DTSA) is now one signature away from becoming law. On April 4, 2016, the Senate unanimously passed the DTSA and, last week, on April 27th, the House of Representatives followed suit, passing the DTSA by a vote of 410-2.
Read more
Federal Circuit Flushes Appeal Relating to Infringement of Airline Toilet Patents; Waives-Off Challenge to Finding of Assignor Estoppel
April 25, 2016 | Blog | By William Meunier, Nick Armington
On March 23, 2016, the Federal Circuit in MAG Aerospace Indus., Inc. v. B/E Aerospace, Inc., Nos. 2015-1370, -1426, upheld a decision concerning U.S. patents directed to vacuum toilets found on commercial aircraft.
Read more
Federal Circuit Decides Not to Rehear ClearCorrect Operating, LLC v. ITC, Finding the ITC Does Not Have Jurisdiction over Digital Imports
April 6, 2016 | Blog | By Nick Armington
On March 31, 2016, in a blow to the software and entertainment industries, the Federal Circuit denied the International Trade Commission’s (“ITC”) request for a rehearing en banc of the Federal Circuit’s November 10, 2015 decision in ClearCorrect Operating, LLC v. ITC, in which the Federal Circuit found that the ITC’s jurisdiction was limited to “material things” and did not include the ability to bar digital imports.
Read more
USPTO Data Supports Notion That Filing A Patent Owner Preliminary Response May Raise the Likelihood of Denial of an IPR or CBM Petition
March 10, 2016 | Blog | By William Meunier, Nick Armington
Following the filing of a petition with the Patent Trial and Appeal Board (PTAB) seeking to initiate either an Inter Partes Review (IPR) or Covered Business Method (CBM) Review, the patent owner may file a preliminary response addressing the arguments in the petition and also potentially raising arguments regarding statutory bars that may prevent the IPR or CBM proceeding from being initiated.
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ClearCorrect: ITC and Patentee Align Submit Petitions for Rehearing En Banc, Asking Federal Circuit to Reconsider Whether the ITC Has Jurisdiction Over Digital Imports
January 29, 2016 | Blog | By Nick Armington, Daniel Weinger
On January 27, 2016, the International Trade Commission (ITC) formally requested a rehearing en banc of a November 10, 2015, Federal Circuit panel decision in ClearCorrect Operating, LLC v. ITC.
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PTAB Designates Decision Concerning One-Year Statutory Bars As Precedential
January 21, 2016 | Blog | By William Meunier, Nick Armington
Last week, the PTAB designated two recent post-grant proceeding decisions as “precedential,” marking only the second and third time it has designated one of its opinions as binding on all PTAB judges.
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Review of 2015 Federal Circuit Decisions Addressing IPR Claim Construction and Procedural Issues
December 29, 2015 | Blog | By Michael Newman, Nick Armington
2015 was a busy year for post-grant review appeals at the Federal Circuit and produced notable opinions in the areas of claim construction, IPR procedural issues, and the constitutionality of IPRs in general. In 2015, the Federal Circuit reversed the Board’s claim construction in an IPR for the first time, and found that IPRs do not violate Article III and the Seventh Amendment of the Constitution.
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Mintz Convinces The Federal Circuit To Completely Reverse And Remand An Adverse IPR Final Written Decision For The First Time
November 30, 2015 | Blog | By Michael Renaud, William Meunier, Michael Newman, Nick Armington
Mintz has won extraordinary relief for its client, Straight Path IP Group, Inc., convincing the Federal Circuit to completely reverse and remand an IPR final written decision adverse to a patent owner for the first time.
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PTAB May Allow a Petitioner to Correct An Improper IPR Reply Brief
November 11, 2015 | Blog | By William Meunier, Nick Armington
Last week, the Federal Circuit explained that the Patent Trial and Appeal Board did not err when it allowed a petitioner to revise its Inter Partes Review Reply brief after first cautioning the petitioner that the PTAB may reject the Reply in its entirety if it improperly raised new issues.
Read more
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.
