Nicole was among the first attorneys to recognize the need for skilled IP litigators to handle inter partes and covered business method review proceedings, filing three petitions for covered business method review on the first day those proceedings became available. That effort, along with seven additional petitions, resulted in the invalidation of all claims of five patents, with the results affirmed by the Federal Circuit. Continuing this success, Nicole consistently serves as lead counsel for both patent owners and petitioners in PTAB proceedings, often in parallel with ongoing trial court litigation.

Show Less

• Representing Krush Technologies, LLC against Zoom Video in a patent dispute related to video conferencing technology (Krush Technologies, LLC. V. Zoom Video Communications, Inc.)
• Represented Gentex Corporation in a patent infringement case adverse to TAPCO, Inc. related to smart traffic sign technology (Gentex Corporation v. Traffic and Parking Control Co., Inc.)
• Served as lead counsel for Perkin Elmer, Inc. and Caliper Life Sciences, Inc. in a patent infringement action against Sony Corporation of America related to instruments and software for microfluidic technology. The litigation is also a declaratory judgment action for non-infringement of certain SONY patents by PerkinElmer animal imaging technology (Caliper Life Sciences, Inc., et al. v. Sony Corporation of America, et al.)
• Representing Serta Simmons Bedding against Casper Sleep in a dispute at the district court and Federal Circuit a patent action related to mattresses and channel cut technology (Serta Simmons Bedding, LLC, et al. v. Casper Sleep Inc.)
• Representing Contour against GoPro in a patent infringement lawsuit related to wearable digital video cameras (Contour IP Holding, LLC, et al. v. GoPro, Inc.)
• Defending Nextcaller against a patent infringement and misappropriation of trade secrets lawsuit brought by TRUSTID. The patents and accused products relate to collecting and analyzing telephonic information. (TRUSTID v. Nextcaller)
• Served as lead counsel for AM General LLC in a trademark and trade dress infringement lawsuit against Activision related to its Call of Duty® video game franchise (AM General LLC v. Activision Blizzard Inc. et al.)
• Served as lead counsel for Michael Todd Beauty adverse to DD Karma, LLC in a design patent and trade dress dispute related to skin care devices for dermaplaning (DD Karma, LLC v. Michael Todd Beauty LP, et al.)
• Served as lead counsel for AM General LLC in an eight-patent dispute related to starting systems for diesel-powered vehicles, including the Humvee (UUSI, LLC and Oldnar Corp. v. The United States, AM General LLC)
• Represented Rovi against Comcast in an ITC investigation involving seven patents relating to interactive program guides and related technologies*
• Served as lead counsel for Michael Todd in an ITC investigation adverse to Pacific Bioscience Laboratories related to sonic skin cleansing devices
• Defended Contour in a five-patent case related to video compression technologies (VStream Technologies v. Contour, LLC)
• Represented AMX and Harman International Industries in a patent infringement lawsuit related to data transfer systems (Vesper Technology Research, LLC v. AMX, LLC et al.)
• Served as lead counsel for AM General (petitioner) on four IPRs related to starting systems for diesel-powered vehicles (IPR2016-01048, IPR2016-01049, IPR2016-01050, IPR2016-01051)
• Served as lead counsel for AMX (petitioner) on three IPRs related to lighting control systems* (IPR2016-00185, IPR2016-00186, IPR2016-00190)
• Served as lead counsel for Contour (patentee) on two IPRs related to wearable digital video cameras (IPR2015-01078, IPR2015-01080)
• Represented a leading US consumer electronics company on three IPRs related to user interface features for mobile phones* (IPR2015-01898, IPR2015-01899, IPR2015-01902)
• Served as counsel on behalf of Simmons (petitioner and patentee) on IPRs related to mattress technology* (IPR2015-01753, IPR2015-01757)

*Matter handled prior to joining McDermott

Show Less

US District Court for the District of Columbia
US District Court for the Eastern District of Texas
US District Court for the Southern District of New York
US Patent and Trademark Office

Show Less