Nick Whilt is an experienced litigator with substantial success representing clients in high-stakes intellectual property and technology litigation. Nick regularly represents Fortune 500 companies in technology-intense business litigation and complex actions relating to the enforcement and defense of patent, trade secret, trademark, and other intellectual property rights. He has repeatedly been named a “Rising Star” in intellectual property litigation in the Southern California edition of Super Lawyers. The Legal 500 has also acknowledged Nick’s work in trade secret litigation.
Nick has substantial experience litigating patent infringement and other disputes in district courts across the United States. Nick frequently represents clients in Section 337 investigations before the US International Trade Commission, where he has successfully defeated exclusion orders. He has represented clients in numerous post-grant proceedings before the US Patent and Trademark Office. He also represents clients in arbitrations.
With a background in computer science, Nick’s technical knowledge and litigation experience spans diverse technologies. He has litigated many cases involving video, graphics, and communications technologies and standards, including video compression standards (e.g., H.264 and H.265), and Internet protocols and wireless protocols (e.g., IEEE 802.11 Wi-Fi and Bluetooth). He has represented clients in many cases involving computer hardware and software technologies, including the design and operation of CPUs, graphics and video processors, memories, and displays. He regularly represents clients in the semiconductor industry, including in cases relating to the design and manufacturing of flat panel displays (e.g., LED, LCD, and OLED), processors, and memory. He has also represented clients in many cases relating to smartphones, media distribution systems, and video games.
- Successfully defended television and monitor manufacturer and importer against patent infringement claims relating to video processing technology and standards through full trial on the merits in the ITC, US Customs proceeding, ITC Enforcement Action, and Federal Circuit Appeal, securing complete victory for client
- Represented international consumer electronics companies in multiple patent infringement cases in the ITC and various District Courts involving graphics processor, video compression/decompression, microprocessor, wireless/cellular, LCD display, memory, and other technology used in smartphones, tablets, laptops, and other mobile and electronic devices
- Defended patent cases in which plaintiff asserted patents allegedly covering video compression standards, including H.264 and H.265 (D. Del. and E.D. Tex.)
- Defended manufacturer and importer of televisions and monitors and related entities in patent case relating to digital television technology relating to video processing (E.D. Tex.)
- Prevailed on summary judgment for a major defense and aerospace company, defeating patent infringement claims involving certain military systems
- Prevailed at trial and on summary determination, and successfully resolved, numerous Section 337 USITC investigations for several consumer electronics companies involving graphics processors, LCD display technology, optical disc drives, and other electronic technology used in digital televisions, laptops, computer hardware, and mobile devices
- Defended leading consumer electronics company in ITC investigation accusing 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
- Defended a leading manufacturer of computer peripherals in trials and matters involving patents alleged to be essential to IEEE 802.11 Wi-Fi standards and other wireless standards
- Represented videogame developers as plaintiffs in a dispute and secured a nine-figure settlement in a case involving contract, patent, trade-secret, copyright, and trademark claims
- Represented speech recognition software company in an arbitration involving complex licensing, patent, and trade secret issues relating to speech recognition software
- 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
- 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 a satellite broadcasting company in patent infringement matters involving digital radio technology and applications (C.D. Cal.)
- Defended 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.)
- 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 complex patent action asserted against the Bluetooth technology implemented in client's cellular phones; case settled during discovery (E.D. Tex.)
- Represented 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 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 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.)
- 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.)
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
Honors & Awards
- Recognized by Legal 500 for Trade Secret Litigation
- Named a “Rising Star” for IP Litigation by Super Lawyers
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)