Nicholas J. Nowak is a director in Sterne Kessler’s Trial & Appellate Practice Group. For over 15 years, he has represented clients in patent and trademark cases in federal courts and before the United States International Trade Commission. Nick’s clients have included industry leaders in the pharmaceutical, medical device, automotive, electronics, and software industries. His practice is currently focused on anti-counterfeiting and trademark enforcement as well as developing novel anti-counterfeiting solutions and strategies. Nick has developed close relationships with domestic and international law enforcement and customs authorities and partners with them on a regular basis to protect his clients’ brands. He also has significant experience handling internet website and domain name disputes and in removing infringing content from Internet search engines, social media networks and e-commerce platforms.
Since no two clients are alike, Nick works closely with each of his clients to determine the best anti-counterfeiting and brand protection strategies to fit their individual legal and business-related needs. As a result, he has been instrumental in helping his clients amass millions of dollars in adverse judgments and in recovering hundreds of thousands of dollars in damages and attorneys’ fee from foreign and domestic counterfeiters and trademark infringers.
More generally, 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 client’s business objectives. He has served as trial counsel in multiple proceedings, argued motions, conducted direct and cross-examinations of fact and expert witnesses, and delivered opening and closing arguments. In addition, he has handled and argued appeals before the United States Court of Appeals for the Federal Circuit and the Maryland Court of Appeals.
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)
- Certain Wireless Communications Base Stations and Components Thereof, Inv. No. 337-TA-871 (representing Complainant Adaptix regarding 4G LTE wireless-communication technology)
- Certain Antivenom Compositions and Products Containing the Same, Inv. No. 337-TA-903 (representing Respondents Laboratorios Silanes, S.A. de C.V. and Instituto Bioclon, S.A. de C.V.)
Patent Office Litigation
- Defense of Patent Owner Capella Photonics, Inc.
- For Petitioner Laboratorios Silanes, S.A. de C.V.