Jeff Nichols
Shareholder
Overview

"Sensible, efficient, and successful."

Jeff Nichols is a trusted advisor, problem solver, and accomplished litigator. He achieves outstanding results for clients in important, high-stakes litigation.

Jeff is a leader. He is co-chair of the firm's BioPharma Practice Group and previously led the firm's Litigation Practice Group.

Jeff has extensive patent litigation experience. He is tenacious about achieving successful results for clients in a timely, efficient manner, while ensuring that these results align with business objectives. Clients seek out Jeff for important litigations due to his strong experience and track record of success.

Jeff also specializes in patent post-grant proceedings, such as Inter Partes Review (IPR) proceedings. There, too, Jeff has achieved successful results for clients.

Jeff regularly appears in "Leading Lawyer" publications, and he has written numerous scholarly articles and client alerts throughout his career. Jeff also regularly takes on speaking engagements concerning patent litigation and post-grant proceedings. In addition, Jeff is an adjunct professor at The John Marshall Law School in Chicago where he teaches "IP Litigation."

Education
  • J.D., With Honors
    University of Connecticut School of Law, 2000
  • B.S., Chemistry
    Truman State University (formerly Northeast Missouri State University), 1997
Bar Admissions
  • Illinois Supreme Court
  • U.S. Court of Appeals, 7th Circuit
  • U.S. Court of Appeals, 9th Circuit
  • U.S. Court of Appeals, Fed. Cir.
  • U.S. Dist. Court, E.D. Michigan
  • U.S. Dist. Court, E.D. Wisconsin
  • U.S. Dist. Court, N.D. Florida
  • U.S. Dist. Court, N.D. Illinois, Trial Bar
  • U.S. Patent & Trademark Office
Technical Background
  • Biopharma
Experience | Legal

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

Experience | Teaching

The John Marshall Law School, Chicago, IL
Professor, "Intellectual Property Litigation," Spring 2010-2015

Experience | Civic Activities

Lawyers for the Creative Arts

Leukemia and Lymphoma Society

Forward Thinking
in the media
March 27, 2017
On March 24, 2017, the Chicago Daily Law Bulletin mentioned Brinks Gilson & Lione Shareholder Laura Beth Miller as a featured presenter at Women In Bio-Chicago’s Women’s History Month event, Shattering the Glass Ceiling: Navigating ...
in the media
March 10, 2017
On March 10, 2017, the Chicago Daily Law Bulletin mentioned attorneys, Jeff Nichols, David Lindner and E. Brandon Nykiel for their participation as featured speakers at the ACI Advanced Summit on Medical Device Patents. Please click here to read ...
alert
September 02, 2016

On August 30, 2016, the Federal Circuit issued a decision in Veritas Technologies LLC v. Veeam Software Corp...

blogpost
September 02, 2016
On August 30, 2016, the Federal Circuit issued a decision in Veritas Technologies LLC v. Veeam Software Corp. addressing a patent owner’s motion to amend filed in an Inter Partes Review (IPR) proceeding. The Court held that the Patent ...
alert
March 08, 2016

Yesterday, the Federal Circuit decided what it called “an issue of first impression . . . that has split the district courts.” 

alert
August 13, 2015
The seeming unwillingness of the Patent Trial and Appeal Board (PTAB) to grant motions to amend patent claims in Inter Partes Review (IPR) proceedings has left many patent owners wondering whether the purported ability to amend claims is merely ...
alert
July 21, 2015
The Biologic Price Competition and Innovation Act (“BPCIA”) was enacted in 2010 to provide an abbreviated pathway for FDA approval of biologic products (“biosimilars”) deemed sufficiently similar to products already on the ...
in the media
June 23, 2015
On June 23, 2015 Jeff Nichols was mentioned in Chicago Daily Bulletin regarding his presentation at the IP Strategy Summitt on June 28, 2015. Click here to read more.
alert
March 09, 2015
Friday marked the FDA’s first-ever approval of a biosimilar application under the Biologics Price Competition and Innovation Act (BPCIA), 42 U.S.C. § 262. The BPCIA was enacted back in 2010 as part of the Patient Protection and ...
in the media
January 20, 2015
Jeffry M. Nichols is quoted in the Law360 article “High Court Claim Construction Ruling Set To Spur New Fights,” on January 20, 2015.  Read the article here.
publication
January 08, 2015
On December 15, 2014, the United States Patent and Trademark Office (“USPTO”) published revised guidelines for USPTO personnel to use in evaluating subject matter eligibility of inventions under 35 U.S.C. § 101. The revised ...
in the media
December 16, 2014
On December 16, 2014 Bill Carroll and Jeff Nichols's article, 'The Lead Compound Analysis for Chemical Obviousness: USPTO v. the Courts' was mentioned in IPO Law Journal. Click here to read more.
publication
October 27, 2014
On October 20, 2014, the Federal Circuit, by a 7-4 vote, denied a petition for rehearing (en banc) a decision invalidating a Bristol-Myers Squibb (“BMS”) hepatitis B drug patent as obvious, which raised issues regarding the relevance of ...
publication
November 16, 2011
Jeffry M. Nichols and Andrea Lynn Evensen’s article “Patent Validity Challenges in the Medical Device and Diagnostic Industry” was republished on IP Frontline on Nov. 16, 2011. Read the original article here.  
publication
October 27, 2011
Jeffry M. Nichols and Andrea Lynn Evensen’s article “Patent Validity Challenges in the Medical Device and Diagnostic Industry” was republished on Mondaq on Oct. 27, 2011.
publication
September 2011
Jeffry M. Nichols and Andrea Lynn Evensen penned “Patent Validity Challenges in the Medical Device and Diagnostic Industry,” for the Sept. 2011 issue of Medical Device and Diagnostics Industry.
Presentations
  • "Preparing for Litigation: Getting Battle-Ready," IP Strategy Summitt, Silicon Valley, California, June 18, 2015
  • "Conduct: Ethical Considerations for Paragraph IV Matters Before the PTO and District Court," ACI's Paragraph IV Disputes Master Symposium, Chicago, IL, October 4, 2013
  • "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, California, 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, California, December 7, 2011
  • "Asserting Invalidity Defenses and Advancing Persuasive Infringement Claims," ACI's Medical Device Patent Litigation, New York, New York, January 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
Representative Matters

  • Cook Group Incorporated and Cook Medical LLC  v. Boston Scientific Scimed Inc. (PTAB 2016-present).  Mr. Nichols is representing the Cook entities in a series of IPR proceedings challenging Boston Scientific's patents relating to hemostatic clips used to treat internal bleeding in the gastrointestinal tract.  The IPRs are ongoing.
  • Boston Scientific Corp. and Boston Scientific Scimed Inc. v. Cook Group Incorporated and Cook Medical LLC (D. Del. 2015-present).  Mr. Nichols is defending the Cook entities in a patent infringement action filed by Boston Scientific concerning hemostatic clips used to treat internal bleeding in the gastrointestinal tract.  The case is ongoing.
  • Deere & Co. v. Gramm (PTAB 2015-present).  Mr. Nichols is representing Deere in two IPR proceedings challenging Gramm's patent relating to agricultural equipment.  The Patent Trial and Appeal Board held that all of Gramm's patent claims at issue in the IPR proceedings are invalid.
  • Gramm and Headsight, Inc. v. Deere & Co. (N.D. Ind. 2014-present).  Mr. Nichols is defending Deere in a patent infringement action filed by Gramm and Headsight concerning agricultural equipment.  The case is ongoing.
  • Endotach LLC v. Cook Medical Inc. (S.D. Ind. 2013-present). Mr. Nichols is defending Cook Medical in a patent infringement action filed by Endotach concerning endovascular stent-grafts for treating aneurysms. The district court granted summary judment in Cook Medical's favor. Endotach appealed to the Federal Circuit Court of Appeals, but the district court's decision was affirmed in its entirety.  Endotach filed a Petition for Cert. with the Supreme Court, which is pending.
  • 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. 2010-2014). Mr. Nichols represented AutoForm Engineering in a patent infringement action against Engineering Technology Associates concerning software used for sheet-metal forming in the auto industry. The case settled on terms favorable to AutoForm Engineering.
  • AstraZeneca Pharmaceuticals LP, IPR Pharmaceuticals, Inc., AstraZeneca AB, and The Brigham and Women's Hospital, Inc. v. Teva Pharmaceuticals USA, Inc. (D. Del. 2010-2012). Mr. Nichols defended Teva Pharmaceuticals USA in a second Hatch-Waxman action concerning the cholesterol-lowering drug, Crestor®, and its active ingredient, rosuvastatin calcium. The district court granted Teva's motion to dismiss this action. On appeal, the Federal Circuit Court of Appeals affirmed the dismissal.
  • Millennium Pharmaceuticals, Inc. and Schering Corp. v. Teva Parenteral Medicines, Inc., Teva Pharmaceuticals USA, Inc., and Teva Pharmaceutical Industries Ltd. (D. Del. 2009-2011). Mr. Nichols defended 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 settled on terms favorable to the Teva entities.
  • AstraZeneca Pharmaceuticals LP, AstraZeneca UK Limited, IPR Pharmaceuticals Inc., and Shionogi Seiyaku Kabushiki Kaisha v. Teva Pharmaceuticals USA, Inc. (D. Del. 2008-2013). Mr. Nichols defended Teva Pharmaceuticals USA in a Hatch-Waxman action concerning the cholesterol-lowering drug, Crestor®, and its active ingredient, rosuvastatin calcium.
  • Foboha GmbH and Foboha US, Inc. v. Gram Technology, Inc. and Jes Gram (N.D. Ill. 2008-2009). 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.
Press Releases & Events
March 15, 2017

On March 15, 2017 Jeff Nichols will co-present with Judge Prost and Judge Pallmeyer ...

March 10, 2017

CHICAGO—Jeff Nichols, a patent litigator and shareholder at intellectual property law firm Brinks Gilson & Lione, will moderate the panel session “True or False – PTAB Trials and Alice Motions Simplify the Case” at the Federal Circuit Bar Association’s (FCBA) Intellectual Property Law Symposium on March 15, 2017, at the University Club of Chicago.

February 28, 2017

On February 28, 2017, Jeff Nichols will be presenting, "Tackling the Offensive and Defensive Sides of Inter Partes ...

February 28, 2017

On February 28-March 1, 2017, Jeff Nichols, Brandon Nykiel and David Lindner will be presenting at the ACI 7th Advanced Summit on Medical Device Patents ...

February 03, 2017

CHICAGO—Brinks Gilson & Lione attorneys Jeff Nichols, David P. Lindner, and E. Brandon Nykiel will be featured ...

February 02, 2017

CHICAGO—Jeff Nichols, a shareholder and patent litigator at intellectual property law firm Brinks Gilson & Lione, will be a ...

January 20, 2015
CHICAGO—Twenty-four attorneys at Brinks Gilson & Lione, one of the nation's largest intellectual property law firms, are named to the 2015 Illinois Super Lawyers list by Super Lawyers, a rating service that lists lawyers from more than ...
October 23, 2014
CHICAGO—Gary M. Ropski, a shareholder at intellectual property law firm Brinks Gilson & Lione and the firm's past president, has been named the #1 Leading Intellectual Property Lawyer in Illinois by Leading Lawyers, and fifty-nine ...
January 14, 2014
CHICAGO -- Brinks Gilson & Lione, one of the nation’s largest intellectual property law firms, has announced the 2014 chairpersons of its legal and industry practice groups and geographic task forces. The firm added a new practice group ...
October 3, 2013
On October 3-4, Laura Lydigsen and Jeff Nichols will be speaking at ACI's Paragraph IV Disputes Master Symposium in Chicago, IL. Ms. Lydigsen will be participating in the panel, "Of Customs and Courts: The Importance of Mastering the ...
June 19, 2013
CHICAGO — LAF, a nonprofit organization that provides free legal assistance to tens of thousands of low-income, elderly and disabled individuals in Chicago and suburban Cook County, has honored Chicago-based Brinks Gilson & Lione with its ...
January 15, 2013
CHICAGO – Brinks Gilson & Lione has added four new attorneys as chairs of its firm-wide practice groups and formed two new task forces to focus on intellectual property legal services to clients in Germany and Brazil. Appointees include ...
September 18, 2012
CHICAGO – Leading Lawyers Network has named 54 attorneys from Brinks Gilson & Lione, one of the largest intellectual property law firms in the United States, as 2012 Leading Lawyers in intellectual property in Illinois for 2012. The roster ...
Honors
  • Illinois Super Lawyers, Rising Stars, 2008-2015
  • Leading Intellectual Property Lawyer, Leading Lawyers Network, 2012, 2014, 2015
Affiliations
  • American Intellectual Property Law Association
  • Intellectual Property Law Association of Chicago
  • Intellectual Property Owners Association
  • Lawyers for the Creative Arts
  • Leukemia and Lymphoma Society
  • PTAB Bar Association
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