Nika F. Aldrich
Nika Aldrich helps clients protect intellectual property in complex, high-stakes litigations. He has represented innovative companies nationwide in numerous patent disputes involving computer hardware, computer software, computer algorithms, medical devices, MEMS, and other technologies.
In addition to trial court litigation, Nika has successfully defended patents in inter partes proceedings before the Patent Office, and has handled numerous appeals in IP cases, including before the Federal Circuit and the Supreme Court. Nika’s pre-law technical expertise focuses on digital signal processing, a field in which he published multiple papers and authored a college textbook.
Nika is particularly attuned to the policy issues related to IP. He is a patent law professor at Lewis & Clark Law School, has published several law review articles and countless articles in journals and other publications, and is co-editor of Fresh from the Bench, a weekly circulation summarizing newly issued, precedential patent decisions. He has also been cited in Forbes and other publications for his insights in developments in the law.
He previously worked at the U.N. World Intellectual Property Organization, where he studied the intersection of the U.N. Millennium Goals with international IP systems.
- First-chair trial attorney in a two week patent trial involving utility and design patents, including a jury verdict awarding total profits in the first design patent trial after the Supreme Court’s landmark decision in Samsung v. Apple.
- Lead attorney in the precedential case, Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., Appeal No. 2018-1329, et al (Fed. Cir. Nov. 13, 2019), concerning the standards for design patent infringement, design patent damages, various utility patent issues, and venue in patent disputes.
- Lead attorney in the precedential case, Outdry Techs. Corp. v. Geox S.P.A., 859 F.3d 1364 (2017), concerning an inter partes review decision regarding patents for waterproofing textiles.
- Lead attorney on the first Federal Circuit appeal of a design patent case following the Supreme Court’s opinion in Samsung v. Apple.
- Successfully argued an appeal before the Federal Circuit in a patent case relating to electrochemistry, defending the district court’s Markman and summary judgment decisions. Dexcom, Inc. v. AgaMatrix, Inc., Appeal No. 2018-1686 (Fed. Cir. March 7, 2019).
- Lead attorney on plaintiff’s Federal Circuit appeal of an award of approximately $1.4 million in attorneys’ fees awarded to our client pursuant to 35 U.S.C. § 285.
- Lead attorney for Ventex Corp. v. Columbia Sportswear North America, Inc., Case IPR2017-00651, Paper 152 (Jan. 24, 2019), which was subsequently designated as precedential by the Patent Office. Nika secured favorable inter partes review decisions terminating the proceedings after obtaining substantial party and third-party discovery showing that a third party and the petitioner had entered into a complex financial relationship that appeared to mask a large transfer of cash for the third party to pay for the IPRs. The PTAB found that the third party was both in privity with the petitioner and a real party-in-interest in the proceedings, finding that the petitioner filed the petitions as a “proxy” for, “on behalf of,” and for “the benefit of” the third party.
- Successfully represented a medical device company defending two patents against inter partes review challenges at the Patent Trial and Appeal Board; numerous claims, including all claims from one of the patents, were upheld as valid.
- Won summary judgment of non-infringement in a patent suit brought in the Central District of California accusing a company that designs and manufacturers glucose sensors of patent infringement.
- Won an “exceptional case” determination, attorneys’ fees, and expert fees under 35 U.S.C. § 285 in a patent infringement case brought by Dexcom, Inc. against AgaMatrix, Inc. concerning glucose sensors.
- Successfully argued multiple Markman hearings, including in the fields of apparel, medical devices, and construction.
- Representing a manufacturer of glucose-sensing products in several actions in both federal courts and at the Patent Office concerning patents relating to glucose-sensing technologies.
- Has been involved in numerous inter partes review proceedings before the Patent Trial and Appeal Board.
- Handled multiple patent cases for a medical device manufacturer involving transducers, medical monitor design and intravascular guide wire design.
- Represented a clothing manufacturer in litigation regarding design and utility patents covering high performance textiles.
- Represented a securities exchange in copyright and misappropriation lawsuit regarding the right to list options on financial indexes.
- Obtained favorable settlements for a large pharmaceutical company in trademark, trade dress, and anti-counterfeiting cases.
- Provided pro bono legal services to a death row inmate, tenants in housing disputes, parties in divorces and students in lawsuits against schools.
- Serves as outside general counsel to the Audio Engineering Society.
Memberships & Awards
- Oregon State Bar Association, Member, Technology Section Committee
- Hon. William C. Conner Inn of Court (2013-2015)
- Oregon Rising Stars List, Intellectual Property (2018)
- Readers' Choice Award, JD Supra (2018)
- New York Metro Rising Stars List, Intellectual Property (2014-2015)
- “Toastmaster of the Year” award for public speaking
Resources & Ideas
- April 16, 2019
- Law360February 21, 2019
- Bloomberg LawJanuary 30, 2019
- Law360January 30, 2019
- The OregonianJanuary 30, 2019
- 33 Schwabe, Williamson & Wyatt Attorneys Named to Oregon Super Lawyers and Rising Stars List in 2018Super LawyersJuly 24, 2018
- Law 360Law 360, May 23, 2018
- Billboard MagazineBillboard, April 10, 2018
- Law360Law360, April 9, 2018
- March 12, 2018
- Portland Business JournalMarch 5, 2018
- Law360March 5, 2018
- November 17, 2017
- November 15, 2017
- Patentlyo.com, October 3, 2017
- Oregon Business, October 11, 2017
- Law 360, October 3, 2017
- August 12, 2016
Seminars & Speaking Engagements
- "Winning Your Trial with Tech"DRI Young Lawyer's ConferenceJune 21, 2018
- Washington State Patent Law Association Intellectual Property SectionMay 16, 2018
“Design Patents Following Samsung v. Apple—Where Are We?”
Oregon State Bar Intellectual Property Section
May 1, 2019
“Design Patent Law—A Three Year Review”
Washington State Bar Association
April 17, 2019
“In Search of a (Narrower) Meaning – Recent Developments Concerning Claim Construction,” Oregon State Bar Intellectual Property Section
August 3, 2016
“Review of 2016 Patent Law Cases At The Supreme Court,” Certified Patent Valuation Analysts
July 11, 2016
“The Important But Often Overlooked Role of Design Patents”
March 29, 2015
“Wonderland: The World Under Alice,” Silicon Valley Intellectual Property Lawyer’s Association
March 9, 2015
- September 9, 2019
- August 26, 2019
- Breaking IP News: US Supreme Court Issues Significant Decision On Extraterritorial Application Of U.S. Patent LawsJune 22, 2018
- April 24, 2018
- August 3, 2016
- Inside CounselMarch 4, 2016
- Portland Business Journal, February 25, 2016
- January 19, 2016
- Law 360, September 30, 2015
"Recent Supreme Court Cases May Require More Deference in Review of Obviousness Cases," 56 IDEA 1, 1 (December 2015)
"Another Arrow in the Quiver for Patent Defendants — Federal Circuit Approves Broad Claim Construction Protocol for Inter Partes Reviews," 22 INTELL. Prop. Today, No. 3, at 10 (March 2015)
"Overbroad Patent Claims May Be Challenged Earlier in Case," Law360 (January 6, 2015)
"Recent Supreme Court Decision Results in Resolution of Patent Eligibility Issues Early in Cases," 21 Westlaw J. INTELL. Prop., No. 15, at 3 (2014)
"Federal Circuit Enforces Written Description Requirement Even for Negative Limitations and Narrower Claims," Drug Discovery News, Vol. 10 No. 1 (January 2014)
"The Increased Value of Invalidity Opinions After the Federal Circuit's Ruling in Commil USA v. Cisco Systems," 20 Westlaw J. INTELL. Prop., No. 10, at 3 (2013)
"A System of Logo-Based Disclosure of DRM On Download Products," 8 J. High Tech. L. 57 (2008)
"An Exploration of Rights Management Technologies Used in the Music Industry," B.C. INTELL. Prop. & Tech. Forum, 983 (2007)
"Unplugged: The Music Industry's Approach to Rolling Contracts on Music CDs," 6 Chi.-Kent J. INTELL. Prop. 280 (2007)
Digital Audio Explained; For the Audio Engineer, Sweetwater Press (2004)
"Exploring Dither in Floating Point Systems," Sweetwater Sound (2005)
"Digital Distortion in CD's and DVD's: The Consequences of Traditional Digital Peak Meters," Trillium Lane Labs (2003)
- Lewis & Clark School of Law, Adjunct Professor, patent law and policy
- Purdue UniversityBachelor's degree (2004)
- University of WashingtonJuris Doctor degree (2007)
United States Supreme Court
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Ninth Circuit
United States District Court for the Eastern District of New York
United States District Court for the Southern District of New York
United States District Court for the Western District of New York
United States District Court for the District of Oregon
United States District Court for the Western District of Washington
Oregon State Courts
New York State Courts
Washington State Courts
Outside The Office
- Running, including the New York City Marathon.