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Jeffry M. Nichols

Practice Summary

Jeff Nichols specializes in patent litigation with an emphasis on the biotechnology and pharmaceutical industries. His litigation experience includes first-chair trial responsibilities, Markman hearings, summary judgment hearings, and managing the discovery process from start to finish. In addition, he has served as the principal attorney for several appeals to the Federal Circuit. Mr. Nichols is also the co-chair of the Biotechnology & Pharmaceutical Practice Group at Brinks.

Honors/Distinctions
  • Illinois Super Lawyers, Rising Stars, 2008-2013
  • Leading Intellectual Property Lawyer, Leading Lawyers Network, 2012
Representative Matters
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  • Endotach LLC v. Cook Medical Inc. (S.D. Ind. 2012-present). Mr. Nichols is defending Cook Medical in a patent infringement action filed by Endotach concerning endovascular stent-grafts for treating aneurysms. The case is ongoing.
  • Boston Scientific Corp., Boston Scientific Scimed, Inc., Boston Scientific Ltd., and Endovascular Technologies, Inc. v. Cook, Inc., Wilson-Cook Medical, Inc., Cook Medical Inc., Cook Ireland Ltd., Cook Group, Inc., Taewoong Medical Co., Ltd., Standard Sci-Tech Inc., EndoChoice, Inc., and Sewoon Medical Co., Ltd. (D. Mass. 2010-present). Mr. Nichols is defending the Cook entities in a patent infringement action filed by Boston Scientific and others concerning esophageal stents for treating blockages, such as cancer, in the esophagus. The case is ongoing.
  • AutoForm Engineering, GmbH v. Engineering Technology Associates, Inc. (E.D. Mich. 2010-present). Mr. Nichols is representing AutoForm Engineering in a patent infringement action against Engineering Technology Associates concerning software used for sheet-metal forming in the auto industry. The case is ongoing.
  • AstraZeneca Pharmaceuticals LP, IPR Pharmaceuticals, Inc., AstraZeneca AB, and The Brigham and Women's Hospital, Inc. v. Teva Pharmaceuticals USA, Inc. (D. Del. 2010-present). Mr. Nichols is defending Teva Pharmaceuticals USA in a second Hatch-Waxman action concerning the cholesterol-lowering drug, Crestor®, and its active ingredient, rosuvastatin calcium. The case is ongoing.
  • Millennium Pharmaceuticals, Inc. and Schering Corp. v. Teva Parenteral Medicines, Inc., Teva Pharmaceuticals USA, Inc., and Teva Pharmaceutical Industries Ltd. (D. Del. 2009-present). Mr. Nichols is defending Teva Parenteral Medicines, Teva Pharmaceuticals USA, and Teva Pharmaceutical Industries in a Hatch-Waxman action concerning the anti-coagulant drug, Integrilin®, and its active ingredient, eptifibatide. The case is ongoing.
  • AstraZeneca Pharmaceuticals LP, AstraZeneca UK Limited, IPR Pharmaceuticals Inc., and Shionogi Seiyaku Kabushiki Kaisha v. Teva Pharmaceuticals USA, Inc. (D. Del. 2008-present). Mr. Nichols is defending Teva Pharmaceuticals USA in a Hatch-Waxman action concerning the cholesterol-lowering drug, Crestor®, and its active ingredient, rosuvastatin calcium. The case is ongoing.
  • Foboha GmbH and Foboha US, Inc. v. Gram Technology, Inc. and Jes Gram (N.D. Ill. 2008-present). Mr. Nichols represented Foboha GmbH and Foboha US in an unfair competition action against Gram Technology and Jes Gram concerning injection molds. The case settled on terms favorable to Foboha GmbH and Foboha US.
  • ArrivalStar S.A. and Melvino Technologies Ltd. v. Continental Automotive Systems US, Inc., et al. (N.D. Ill. 2008-2009). Mr. Nichols defended Continental Automotive Systems in a patent infringement action filed by ArrivalStar and Melvino Technologies concerning an internet-based system for transportation management. The case settled on terms favorable to Continental Automotive Systems.
  • Trumpf Laser GmbH + Co. KG v. Amglo Kemlite Laboratories, Inc. (N.D. Ill. 2008). Mr. Nichols defended Amglo Kemlite Laboratories in a patent infringement action filed by Trumpf Laser concerning laser pumping lamps. The case settled on terms favorable to Amglo Kemlite Laboratories.
  • Malessa Partners, L.L.C. v. Express Scripts, Inc. and PrintGraphics Inc. (N.D. Ill. 2007). Mr. Nichols defended Express Scripts and PrintGraphics in a patent infringement action filed by Malessa Partners concerning integrated forms. The case settled on terms favorable to Express Scripts and PrintGraphics.
  • Cook Incorporated v. Medtronic, Inc. and Medtronic Vascular, Inc. (N.D. California 2006-2008). Mr. Nichols represented Cook in an action for declaratory relief concerning a patent license agreement between Cook, Medtronic, and Medtronic Vascular. The case was appealed to the Ninth Circuit Court of Appeals. Following appeal, the case settled on terms favorable to Cook.
  • Edwards Lifesciences, LLC and EndoGAD Pty, Ltd. v. Cook Incorporated, Medtronic, Inc., Medtronic AVE, Inc., and W.L. Gore & Associates, Inc. (N.D. California 2003-2010). Mr. Nichols defended Cook in a patent infringement action filed by Edwards Lifesciences and EndoGAD concerning endovascular stent-grafts for treating aneurysms. Cook won a summary judgment of noninfringement and the district court entered judgment in Cook's favor. The Federal Circuit Court of Appeals affirmed the decision.
  • Hi-Tech Beds Systems, Corp. and Michelle Connell v. KLN Steel Products Company, Ltd. and Clark/Blinderman/Knight, LLC (N.D. Illinois 2004-2006). Mr. Nichols defended KLN Steel Products Co. and Clark/Blinderman/Knight in a patent infringement and trade secret action filed by Hi-Tech Beds Systems and Ms. Connell concerning military bunk-beds. The case was dismissed-in-part on summary judgment and the remaining part was stayed.
  • Halkey-Roberts Corp. v. Filtertek, Inc. (M.D. Florida 2004-2005). Mr. Nichols represented Filtertek in a declaratory judgment action filed by Halkey-Roberts concerning Filtertek's patents for medical valves. The case settled on terms favorable to Filtertek.
  • Dionex Corp. v. Alltech Associates, Inc. (N.D. California 2003-2005). Mr. Nichols defended Alltech Associates in a patent infringement action filed by Dionex concerning chemical chromatography systems. The case settled on terms favorable to Alltech Associates following the court's claim construction ruling.
  • A.L. Hansen Manufacturing Co. v. Bauer Products, Inc. (N.D. Illinois 2003-2004). Mr. Nichols represented A.L. Hansen Manufacturing in a patent infringement action against Bauer Products concerning automobile support arms. The case settled on terms favorable to A.L. Hansen.
  • MTD Products, Inc. v. Frederick Manufacturing Corp. (N.D. Ohio 2003-2004). Mr. Nichols defended Frederick Manufacturing in a patent infringement action filed by MTD Products concerning lawn mower blades. The case settled on terms favorable to Frederick.
  • Zila, Inc. and Zila Swab Technologies, Inc. v. Beutlich Pharmaceuticals, L.P. and Beutlich, L.P. (N.D. Illinois 2003). Mr. Nichols represented Zila and Zila Swab Technologies in a patent infringement action against Beutlich Pharmaceuticals and Beutlich concerning medicinal swab applicators. The case settled on terms favorable to Zila and Zila Swab.
  • Viridian Packaging Solutions, LLC v. Zila, Inc. and Zila Swab Technologies, Inc.(N.D. Illinois 2003).Mr. Nichols represented Zila and Zila Swab Technologies in a declaratory judgment action filed by Viridian Packaging Solutions concerning Zila's patents for medicinal swab applicators. The case settled on terms favorable to Zila and Zila Swab.
  • Daimler-Chrysler Corp. and New Venture Gear, Inc. v. BorgWarner Inc. and BorgWarner TorqTransfer Systems Inc. (E.D. Michigan 2001-2003). Mr. Nichols defended BorgWarner and BorgWarner TorqTransfer Systems in a patent infringement action filed by Daimler-Chrysler and New Venture Gear concerning 4WD automobile transfer cases. The case settled on terms favorable to BorgWarner and BorgWarner TorqTransfer Systems.
  • BorgWarner Inc. and BorgWarner TorqTransfer Systems Inc. v. New Venture Gear, Inc.(N.D. Illinois 2000-2003). Mr. Nichols represented BorgWarner and BorgWarner TorqTransfer Systems in a patent infringement action against New Venture Gear concerning 4WD automobile transfer cases. The case settled on terms favorable to BorgWarner and BorgWarner TorqTransfer Systems following the court's claim construction ruling.
  • The Coca-Cola Company v. Liqui-Box Corp. (N.D. Georgia 2000-2001). Mr. Nichols represented The Coca-Cola Company in a patent infringement action against Liqui-Box concerning collapsible syrup containers. Liqui-Box was permanently enjoined from making and selling the accused product after the patent was found valid and infringed by a special master.
  • Manitowoc Foodservice Group, Inc. and Manitowoc Ice, Inc. v. Whirlpool Corp., IMI Cornelius, Inc., Scotsman Industries, Inc., Scotsman Group, Inc., Booth, Inc., Sub-zero Freezer Company, Inc., and Mile High Equipment Co. (E.D. Wisconsin 2000-2001). Mr. Nichols represented Manitowoc Foodservice Group and Manitowoc Ice in a patent infringement action against various defendants concerning commercial ice machines. The case settled on terms favorable to Manitowoc Foodservice Group and Manitowoc Ice.
  • Ffrench Emergency Pocket Airway, Inc. and Dr. Ronald French v. Cook Critical Care, Inc. (E.D. Louisiana 2000-2001). Mr. Nichols defended Cook in a patent infringement action filed by Ffrench Emergency Pocket Airway and Dr. French concerning medical devices for emergency tracheotomies. The case settled on terms favorable to Cook.
  • Prototype Equipment Co. v. Fallas Automation, Inc., et al. (N.D. Illinois 2000). Mr. Nichols represented Prototype Equipment in a patent infringement action against Fallas Automation concerning large-scale packaging equipment. Prototype Equipment won a temporary restraining order and the case was settled on terms favorable to Prototype Equipment.
Publications
Presentations
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  • "Reassessing Paragraph IV Strategies for Method of Treatment Patents in View of Recent and Pending Decisions Regarding Inducement and Divided Infringement," ACI's Paragraph IV Disputes: Expert Insights on Hatch-Waxman Litigation Strategies for Brand Names and Generics, San Francisco, Calif., December 4, 2012
  • "Carve Outs and Inducement Controversies: Examining the Intersection Between a Drug's Patent and Its Label," ACI's Paragraph IV Disputes: Expert Insights on Hatch-Waxman Litigation Strategies for Brand Names and Generics, San Francisco, Calif., December 7, 2011
  • "Asserting Invalidity Defenses and Advancing Persuasive Infringement Claims," ACI's Medical Device Patent Litigation, New York, New York, Jan. 31, 2011 
  • "E-filing Rules and Requirements in the Federal Courts," Faculty, Practising Law Institute Bridge the Gap Program, June 2007
  • "Drafting Complaints and Answers," Lecturer, Chicago-Kent School of Law, Intellectual Property Research and Writing Class, January 2007 and March 2008
  • "One-on-One With the Experts," Presenter, U.S. Patent and Trademark Office Chicago Regional Independent Inventor Conference, July 2006
  • "Resume and Interview Tips for Jobs in Intellectual Property Law," Presenter, University of Michigan School of Law, Spring 2003
  • "Intellectual Property Career Tracks," Panel Speaker, Loyola University Chicago School of Law, Fall 2002
Teaching Experience

"Intellectual Property Litigation," Professor, The John Marshall Law School, Spring 2010-2013
 

Memberships & Affiliations
  • American Intellectual Property Law Association
  • Intellectual Property Law Association of Chicago
  • Intellectual Property Owners Association
  • American Chemical Society
Civic Activities

Legal Assistance Foundation

Lawyers for the Creative Arts

Leukemia and Lymphoma Society
 

Legal Experience

Brinks Hofer Gilson & Lione, Chicago, Illinois
Shareholder, 2007-Present
Associate, 2000-2006