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
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.
Read more
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.
Read more
Danger on the Horizon: Detecting Early Signs of Trade Secret Theft by Competitors
August 20, 2020 | Blog | By Adam Samansky, Nicholas Armington
Companies can quickly detect trade secret theft by planting an unneeded feature or part that would be included in a copycat item and continually monitoring competitors’ new products.
Read more
Keeping (Trade) Secrets Amid a Reduction in Force
August 17, 2020 | Blog | By Adam Samansky, Nicholas Armington
Companies can lower the risk of trade secret theft amid a reduction in force by limiting and auditing the use of trade secrets and including confidentiality provisions in severance agreements.
Read more
Remedies for Trade Secret Misappropriation
July 27, 2020 | Video | By Nicholas Armington
In the latest installment of our video series on trade secret litigation, Nick Armingtion provides an overview of the two types of relief available to parties who have had their trade secrets stolen – injunctions and damages.
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Playing Keep-Away: Protecting Your Trade Secrets in a Remote Work Environment
July 22, 2020 | Blog | By Adam Samansky, Nicholas Armington
Companies across the United States quickly rolled out remote work arrangements in response to the COVID-19 health crisis, and as virus caseloads continue to climb, the trend is likely to continue. As working off-site becomes “the new normal,” companies can institute systems and policies to protect their valuable trade secrets.
Read more
Don’t Get Schooled: What You Can Learn from the Wave of Trade Secret Cases That Followed the 2007-2008 Financial Crisis
July 20, 2020 | Blog | By Adam Samansky, Nicholas Armington
The sharp upswing in trade secret litigation triggered by the global financial crisis of the late 2000s taught companies some hard lessons about trade secret theft and disputes.
Read more
The Trade Secret Seesaw: After the Economy Goes Down, Cases Go Up
July 15, 2020 | Blog | By Adam Samansky, Nicholas Armington
An economic downturn usually leads to a rise in trade secret theft and litigation, and the current slump is likely to generate a major surge in cases due in part to the prevalence of remote work.
Read more
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.
Read more
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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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.
