Nicholas Whilt

Partner

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Nick Whilt is an experienced litigator focusing on intellectual property and technology litigation. He represents clients in technology-intense business litigation and complex actions relating to the enforcement and defense of patent, trade secret, copyright, and other intellectual property rights. In addition to litigating matters in US District Courts across the country, Nick has successfully represented clients in Section 337 investigations before the US International Trade Commission and post-grant proceedings before the US Patent and Trademark Office. Nick has been named a “Rising Star” in intellectual property litigation in the Southern California edition of Super Lawyers (2015-2017). The Legal 500 has also acknowledged Nick’s work in trade secret litigation.

With a background in computer science, Nick’s technical knowledge and litigation experience spans diverse technologies including smartphones, communications technologies, microprocessors, graphics processors, Internet protocols, flat panel displays, media distribution systems, thin film transistors, and video games. Nick also has significant experience in all phases of litigation, from pre-trial investigations to trial.

Honors & Awards

  • Recognized by Legal 500 for Trade Secret Litigation (2016)
  • Named a “Rising Star” for IP Litigation by Super Lawyers (2015-2017)

Admissions

Bar Admissions

  • California

Court Admissions

  • US District Court, Northern and Central Districts of California, and the Southern District of Texas
  • US Court of Appeals, Federal and Ninth Circuits

Registered to Practice

  • US Patent and Trademark Office

Education

  • University of California at Berkeley, J.D.: Berkeley Technology Law Journal
  • University of California at Santa Barbara, B.S., Computer Science
  • University of California at Santa Barbara, B.A., Business Economics

Professional Activities

Author

  • “The Foreign Intelligence Surveillance Act: Protecting the Civil Liberties that Make Defense of Our Nation Worthwhile,” 35 Sw. U. L. Rev. 361 (2006)

US International Trade Commission Matters (Section 337 Investigations)

  • Defended leading consumer electronics company in ITC investigation accusing multiple mobile devices and desktop and notebook computers, in combination with associated software; the parties reached a settlement as part of a highly-publicized, global settlement of multiple matters
  • Represented leading consumer electronics company as complainant in ITC investigation and two companion District Court cases involving LCD panels used in televisions, laptops, and monitors
  • Represented consumer electronics company and several retailers as respondents in ITC investigation and two companion District Court cases involving LCD panels used in televisions, monitors, laptops, and cellular phones
  • Successfully defended television and monitor manufacturer and importer against patent infringement claims through full trial on the merits in the ITC, US Customs proceeding, ITC Enforcement Action, and Federal Circuit Appeal, securing complete victory for client

District Court Patent Matters

  • Defended patent case in which plaintiff asserted patents against client’s mobile phones, MP3 players, tablets, and related devices and services; successfully transferred the case out of the Eastern District of Texas to the Northern District of California
  • Defended patent case in which plaintiff asserted patents against client’s smartphone and MP3 player software and hardware that allows athletes to use the portable devices and either a GPS sensor or piezoelectric shoe sensor as a pedometer for monitoring athletic performance; successfully transferred the case out of the Eastern District of Texas to the Northern District of California
  • Defended client in patent case generally relating to a digital audio player that can connect to a different electronic device, such as a car stereo (E.D. Tex.)
  • Defending consumer electronics company in patent matter involving wireless technology (E.D. Tex.)
  • Defending patent infringement matter involving microprocessor technology (E.D. Tex.)
  • Defended patent infringement manner involving MP3 audio compression/decompression technology; case favorably settled (E.D. Tex.)
  • Representing consumer electronics company in complex, multi-defendant patent case involving fax-scanner-printers (E.D. Penn.)
  • Secured a highly favorable settlement for client in patent infringement matter relating to the fabrication of LCD panels used in almost all of the client’s LCD products, including televisions, computer monitors, notebook computers, cellular phones, and digital cameras (W.D. Wis.)
  • Defended client in patent infringement action involving wireless file downloading techniques for digital cameras (D. Del.)
  • Represented client in patent infringement action involving Blu-Ray DVD players (D. Del.)
  • Defended client in patent infringement action involving navigation software installed on cellular handsets (D. Del.)
  • Defended client in complex patent action asserted against the Bluetooth technology implemented in client’s cellular phones; case settled during discovery (E.D. Tex.)
  • Completed trial in complex, multi-defendant patent case involving patents alleged to cover the IEEE 802.11 WiFi standards; favorably settled shortly before the jury was instructed (E.D. Tex.)
  • Defended client in complex multi-defendant patent case involving multiple patents alleged to cover the IEEE 802.11 WiFi standards; the case settled on favorable terms (E.D. Tex.)
  • Obtained an extremely favorable settlement for client in multi-defendant patent case involving a patent directed to wireless networking products implementing the IEEE draft n wireless standard or Multiple-Input Multiple-Output (MIMO) technology (E.D. Tex.)
  • Secured a dismissal for client in multi-defendant case in which the plaintiff accused the defendants’ Universal Serial Bus (USB) products of infringing its patent (D. Wyo.)
  • Defended client in multi-defendant patent case involving patents directed to wireless products that use a particular modulation technique for the wireless transmission of data, Direct Sequence Spread Spectrum (“DSSS”); case successfully transferred out of the Northern District of Alabama to the Northern District of California; currently stayed pending reexamination
  • Defended client in multi-defendant patent infringement case involving patents alleged to cover the IEEE 802.11i wireless encryption standard and techniques for generating pseudo-random, symmetric encryption keys; secured dismissal during discovery (E.D. Tex.)
  • Represented client in successfully settling this patent infringement matter involving face plates and cables that allow the piping of audio visual signals from one room with a source to another room with a display (D. Ohio)
  • Defending multiple defendants in a patent infringement matter involving mobile application (W.D. Tex.)
  • Defended manufacturer and importer of televisions and monitors and related entities in patent case relating to digital television technology (E.D. Tex.)
  • Secured favorable settlement for television and monitor manufacturer in patent case involving patents relating to the VESA standards and computer monitor and digital television technology (E.D. Tex.)
  • Secured favorable settlement for computer company in multi-defendant patent infringement case involving patents alleged to cover the IEEE 802.11i wireless encryption standard and techniques for generating pseudo-random, symmetric encryption keys; secured dismissal during discovery (E.D. Tex.)
  • Represented patentee in patent infringement action involving speech recognition software (D. Del.)

Other Patent and Trade Secret Matters

  • Represented entertainment companies in an arbitration involving patent, trade secret, copyright, trade dress, and contract claims relating to the development of a popular videogame
  • Represented speech recognition software company in an expedited arbitration involving complex licensing, patent, and trade secret issues relating to speech recognition software