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Nicholas W. Armington

Associate

NWArmington@mintz.com

+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.

Education

  • Northeastern University (JD)
  • Williams College (BA)

Experience

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.

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.

Recent Insights

News & Press

Events

Viewpoints

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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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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.
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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
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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.
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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.
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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

News & Press

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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.

Events