How I represent clients at Schwabe
As a leader of Schwabe’s IP Litigation Group, and first-chair litigator, I am part of a talented team who handles complex, high-stakes, and technical litigations in the federal court system. I have represented companies nationwide in numerous disputes including a number of patent and other intellectual property cases, cases of constitutional significance, bankruptcy matters, and other matters where there is a critical need for an attorney who can break down and explain complex principles, technologies, and legal concepts.
In addition to trial court litigation, I have substantial federal appellate experience, including before the Second Circuit, the Third Circuit, the Ninth Circuit, the Federal Circuit, and the United States Supreme Court.
Along with being a professor of law at Lewis & Clark Law School, I have published several law review articles and countless articles in journals and other publications, and am a co-editor of Fresh from the Bench, a weekly circulation summarizing newly-issued, precedential decisions. I have also been cited in Forbes and other publications.
Chambers & Partners USA, client highlights
“He has a deep understanding of patent law.”
“He is a well-regarded IP litigator and will dig in and fight.”
“Nika is certainly a very smart attorney.”
- 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).
- Represented a creditor in the Lehman Brothers’ bankruptcy in a case involving complex legal issues relating to the characterization of swaps under bankruptcy laws.
- Represented a guarantor of $180 million of leases in a very large New York bankruptcy, successfully arguing that the debtor’s treatment of the leases violated the due process clause of the United States Constitution.
- Successfully represented a steel products manufacturer through multiple trials in Delaware bankruptcy court in a chapter 11 case that concerned the sales of assets and complex issues concerning credit bidding in a bankruptcy auction.
- Represented a Malaysian company in a large bankruptcy in the Delaware bankruptcy court in a years-long dispute concerning treatment of a manufacturing contract under the bankruptcy laws.
- 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 argued multiple Markman hearings, including in the fields of apparel, medical devices, and construction.
- 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.
- University of Washington, Juris Doctor degree (2007)
- Purdue University, Bachelor's degree (2004)
- New York State Courts
- Oregon State Courts
- Washington State Courts
- U.S. Court of Appeals - Ninth Circuit
- U.S. Court of Appeals - Second Circuit
- U.S. Court of Appeals - Federal Circuit
- U.S. District Court - District of Oregon
- U.S. District Court - Eastern District of New York
- U.S. District Court - Southern District of New York
- U.S. District Court - Western District of New York
- U.S. District Court - Western District of Washington
- U.S. Supreme Court
- Oregon State Bar Association, Member, Technology Section Committee
- Ranked for Intellectual Property Lawyer in Oregon, Chambers USA (2021-2023)
- JD Supra Readers’ Choice Awards, Top Author: Patents (2021)
- 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
“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)
“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
Lewis & Clark School of Law, Adjunct Professor, patent law and policy
Running, including the New York City Marathon.
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