Overview
A. Shane Nichols focuses on helping clients find the most effective and efficient strategies for resolving patent infringement and trade secret disputes. Shane serves as lead litigation and trial counsel for clients across several industries, including the food and beverage, telecom, and petrochemical industries. In addition to his trial court experience, he has made arguments before the US Courts of Appeals for the Federal Circuit and the Eleventh Circuit.
Shane is consistently recognized by leading legal directories for his skill in intellectual property litigation, including Chambers USA, The Best Lawyers in America, and IAM Patent 1000. Shane teaches a trial techniques course to law students at Emory University, every year.
Results
- Defended The Coca-Cola Company’s victory on summary judgment of non-infringement against an appeal by Rothschild Connected Devices Innovations; Rothschild Connected Devices Innovations, LLC v. The Coca-Cola Company (US Circuit Court of Appeals for the Federal Circuit)*
- Defended Cox Communications against infringement allegations brought by Castlemorton Wireless, LLC, Synchview Technologies, LLC, and Contemporary Display, LLC (US District Court for the Northern District of Georgia and US District Court for the District of Delaware)*
- Defeated Rothschild Connected Devices Innovations’ patent infringement claims on summary judgment of non-infringement, completely disposing of all claims in the district court Rothschild Connected Devices Innovations, LLC v. The Coca-Cola Company, US District Court for the Northern District of Georgia (transferred from the Southern District of Florida)*
- Represented The Coca-Cola Company against allegations of infringement of seven US patents directed to refrigerated beverage dispensers, asserted against Coca Cola’s revolutionary Freestyle beverage dispenser, and reached a favorable settlement just before trial. Beverage Dispensing Solutions, LLC v. The Coca-Cola Company, Civil Action No. 14-cv-00220, US District Court for the Northern District of Georgia (transferred from the Southern District of Illinois)*
- Defeated ATOM Instrument Corporation’s appeal of client Petroleum Analyzer Company’s victory at trial, resulting in a zero liability judgment on ATOM’s claims of trade secret misappropriation and civil theft. ATOM Instrument Corporation, et al. v. Petroleum Analyzer Company, LP, U.S. Courts of Appeals for the Fifth Circuit*
- Defeated at trial ATOM Instrument Corporation’s claims of trade secret misappropriation and civil theft and obtained recovery of over $1.3 million in attorneys’ fees. ATOM Instrument Corporation, et al. v. Petroleum Analyzer Company, LP, US District Court for the Southern District of Texas*
- Defeated $14.5 million trade secrets claim that alleging that Petroleum Analyzer Company, L.P. was violating a state court order enjoining its use of certain excimer technologies to detect and measure trace amounts of sulfur in petroleum products. Petroleum Analyzer Company, L.P. v. Franek Olstowski and Atom Instrument Corporation, Civil Action No. 2006-53995, 269th District Court, Harris County, Texas*
- Won summary judgment of invalidity (unpatentable subject matter), defeating allegations of infringement of four US patents directed to RFID tracking technologies. Automated Tracking Solutions, LLC v. ValidFill, LLC et al., US District Court for the Eastern District of Virginia*
- Obtained a favorable settlement within 11 months of filing, by establishing evidence of misappropriation of ACS’s trade secrets. ACS State Healthcare LLC v. Wipro Inc., et al., Delaware Court of Chancery*
- Secured a favorable settlement for Dornier Medtech, just after the close of discovery and six months before the remaining defendants were hit with $46 million jury verdict. Covidien (Tyco Healthcare) v. Dornier MedTech America, Inc., et al., US District Court for the Northern District of California*
- Won preliminary and permanent injunctions against competitor’s sale of products infringing client Amstech’s trademark and trade dress rights. Amstech Inc. v. Osprey International, Inc. et al., US District Court for the Northern District of Georgia*
*Matter handled prior to joining McDermott
Recognitions
- Chambers USA, Intellectual Property (Georgia), 2014 to 2023
- Legal 500 US 2021 and 2022
- The Best Lawyers in America, Litigation: Intellectual Property, Atlanta, 2015 to 2024, Litigation: Patent and Trade Secrets Law, Atlanta, 2023 to 2024
- Managing Intellectual Property, IP Stars, 2023
- IAM Patent 1000 – The World’s Leading Patent Practitioners, 2022 to 2023
- Super Lawyers Georgia, Intellectual Property Litigation, 2010 to 2020
Community
- Board of Directors, Public Broadcasting Atlanta
- Intellectual Property Law Section of the State Bar of Georgia (Executive Committee, Past Chair)
- American Intellectual Property Law Association
- Atlanta Bar Association
- Houston Intellectual Property Law Association
- Emory Law School Intellectual Property Advisory Board
- Faculty, Emory University School of Law Trial Techniques
- Executive Board, North American Intellectual Property Law and Entertainment Law Conference
Credentials
Education
Emory University School of Law, J.D., 1997
Vanderbilt University, B.S (Electrical Engineering, Mathematics), 1990
Courts/Agencies
The United States Supreme Court
The United States Court for Appeals for the Federal Circuit
The United States Court of Appeals for the Eleventh Circuit
Southern District of Texas
Eastern District of Texas
Northern District of Georgia
Middle District of Georgia
United States Patent and Trademark Office
Admissions
Georgia
Texas
