Nicholas J. Nowak is a trial lawyer and director in Sterne Kessler’s Trial & Appellate Practice Group. For over 20 years, he has focused on representing clients in complex patent and trademark matters in federal courts and in investigations before the United States International Trade Commission (ITC). Nick’s clients have included industry leaders in the pharmaceutical, medical device, automotive, electronics, and software industries. Nick’s practice also includes anti-counterfeiting and trademark enforcement as well as developing novel anti-counterfeiting solutions and strategies for his clients. Nick has been ranked in the prestigious World Trademark Review’s (WTR) annual “WTR 1000” since 2023. In the 2024 edition, the editors applauded Nick for his excellent relationship-building skills specifically commenting that he is “a confident and persuasive advocate who is highly commercial and meticulous in his approach.”
Nick has extensive experience in all aspects of the litigation process, from pleading, discovery, motions practice and claim construction proceedings in the district courts to appeals. He leverages this broad experience to develop and implement creative case strategies to achieve his clients’ business objectives. He has served as trial counsel in multiple proceedings and has handled and argued appeals before the United States Court of Appeals for the Federal Circuit and the Maryland Court of Appeals.
Nick is also a key member of in the firm’s high-profile ITC practice. He has successfully represented complainants and respondents in investigations involving their most important products in numerous high-stakes investigations before the ITC.
Since no two clients are alike, Nick works closely with each of his clients to craft litigation strategies designed to fit their individual legal and business-related needs and takes a proactive approach to case management to communicate issues clearly and resolve them early. He brings a relentless focus on obtaining the best possible outcomes for his clients.
District Court Litigation
- Clouding v. Google Inc., (D. Del.) (counsel for Google in patent infringement case)
- PersonalWeb v. Google Inc. (EDTX) (counsel on behalf of Google in patent infringement case)
- MyKey v. Logicube (CD Cal.) (counsel on behalf of Logicube in patent infringement case)
- UCB Manufacturing, Inc. v. Tris Pharma, Inc. et al. (N.J. Super. Ct. Ch. Div.) (counsel for Tris Pharma in trade secrets case involving a generic version of Tussionex® cough medicine.)
- Duramed Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. (D.N.J.) (counsel for Watson in ANDA lawsuit involving generic version of Seasonale® oral contraceptive product)
- Ortho-McNeil-Janssen Pharmaceuticals, Inc. et al. v. Watson Laboratories, Inc. et al. (D. N.J.) (counsel for Watson in ANDA lawsuit involving generic version of Ortho Tri-Cyclen Lo® oral contraceptive product)
- Wyeth v. Watson Laboratories, Inc. et al. (D. Del.) (counsel for Watson in ANDA lawsuit involving generic version of Lybrel® oral contraceptive product)
- Boston Scientific Corp. et al. v. Johnson & Johnson Corp. et al. (D. Del.) (counsel for Boston Scientific in lawsuit involving Johnson & Johnson’s CYPHER drug-eluting stent)
- Boston Scientific Scimed v. Cordis Corporation (D. Del.) (counsel for Boston Scientific in lawsuit involving drug-eluting stents)
ITC Investigations
- 337-TA-1235: Vehicle Control Systems, Vehicles Containing the Same, and Components Thereof – Jaguar Land Rover Limited et al v. Volkswagen AG* et al.
- 337-TA-1139: Electronic Nicotine Delivery Systems and Components Thereof – Juul Labs, Inc.* v. Multiple Respondents
- 337-TA-1141: Certain Electronic Nicotine Delivery Systems and Components Thereof – Juul Labs, Inc.* v. Multiple Respondents
- 337-TA-984: Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same – Advanced Silicon Technologies LLC v. Audi AG* et al
- 337-TA-936: Certain Footwear Products – Converse Inc. v. Tory Burch LLC.* et. al.
- 337-TA 903: Certain Antivenom Compositions and Products Containing Same – BTG International Inc. v. Laboratories Silanes* et. al.
- 337-TA-871: Certain Wireless Communications Base Stations and Components Thereof – Ericsson v. Adaptix Inc.* et al.
Patent Office Litigation
- Defense of Patent Owner Capella Photonics, Inc.
(IPR2014-01276; IPR2014-01166) - For Petitioner Laboratorios Silanes, S.A. de C.V.
(IPR2014-01269)
- World Trademark Review 1000, “The World’s Leading Trademark Professionals” (2024-2023)
- J.D., Boston College Law School
- B.A., Biology, Bowdoin College
- District of Columbia
- Massachusetts
- New York
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Southern District of New York