- Beverage Dispensing Solutions, LLC v. The Coca-Cola Company, Civil Action No. 14-cv-00220, U.S. District Court for the Northern District of Georgia; lead counsel defending The Coca-Cola Company against allegations of infringement of seven U.S. patents directed to refrigerated beverage dispensers.
- ATOM Instrument Corporation, et al. v. Petroleum Analyzer Company, LP, U.S. District Court for the Southern District of Texas; lead counsel defending P.A.C. and Roper Technologies, Inc. against pending claims of trade secret misappropriation and patent infringement.
- Petroleum Analyzer Company, L.P. v. Franek Olstowski and Atom Instrument Corporation, Civil Action No. 2006-53995, 269th District Court, Harris County, Texas; lead counsel for P.A.C.; successfully defeated $14.5 million trade secrets claim alleging that PAC was violating a state court order enjoining its use of certain excimer technologies to detect and measure trace amounts of sulfur in petroleum products.
- Automated Tracking Solutions, LLC v. ValidFill, LLC et al., U.S. District Court for the Eastern District of Virginia; lead counsel defending The Coca-Cola Company against allegations of infringement of four U.S. patents directed to tracking technologies.
- Rothschild Connected Devices Innovations, LLC v. The Coca-Cola Company, U.S. District Court for the Southern District of Florida; lead counsel defending The Coca-Cola Company against allegations of infringement of two U.S. patents directed to personalized consumer products.
- ACS State Healthcare LLC v. Wipro Inc. et al., Delaware Court of Chancery; lead intellectual property counsel for plaintiff, ACS; reached favorable settlement within 11 months of filing by establishing evidence of misappropriation of ACS’s trade secrets.
- Covidien (Tyco Healthcare) v. Dornier MedTech America, Inc., et al., U.S. District Court for the Northern District of California; lead counsel for Dornier MedTech; litigated medical device patent infringement dispute through end of discovery; negotiated and secured favorable settlement six months before remaining defendants were hit with $46 million jury verdict.
- Diomed, Inc. v. Dornier MedTech America, Inc., U.S. District Court for the District of Massachusetts; lead counsel for Dornier MedTech; negotiated favorable settlement of medical device patent infringement after 20 months of litigation; client’s competitor settled its co-pending case involving the same infringement allegations for over $11 million.
- 3M, et al. v. Avery Dennison Corp., U.S. District Court for the District of Minnesota, represented 3M in patent infringement litigation asserting thirteen of 3M’s patents against its competitor, Avery Dennison; dispute involved retroreflective optics technologies used in traffic safety.
- Amstech Inc. v. Osprey International, Inc. et al., U.S. District Court for the Northern District of Georgia; lead counsel for plaintiff, Amstech; won preliminary and permanent injunctions against competitor’s sale of products infringing Amstech’s trademark and trade dress rights.
- Conor Medsystems, Inc. – lead worldwide counsel for Conor Medsystems in multiple litigations around the world defending its CoStar-brand paclitaxel drug-coated coronary stent against claims of infringement by Boston Scientific Corp. and Angiotech Pharmaceuticals Inc.; litigation strategies enabled client’s $1.4 billion acquisition by Johnson & Johnson to proceed despite pending litigation. International litigation included:
- Conor Medsystems, Inc. v. Angiotech Pharmaceuticals Inc., et al., United Kingdom Court of Appeal
- Conor Medsystems, Inc. v. University of British Columbia, Federal Court of Australia
- Schneider (Europe) GmbH v. Conor Medsystems Ireland Ltd., The High Court of Ireland
- Conor Medsystems, Inc. v. Angiotech Pharmaceuticals Inc., et al., The District Court of the Hague
- TradeCard v. S1 Corporation, Bank of America Corp., et al., U.S. District Court for the Northern District of Georgia; won total defense jury verdict in favor of client, S1 Corporation; demonstrated invalidity of asserted patent on the basis of a public use of similar technologies several years before. TradeCard v. S1 Corporation, et al., 509 F.Supp.2d 304 (2007).
- IMX, Inc. v. LendingTree, Inc., et al., U.S. District Court for the District of Delaware; second chair at jury trial defending LendingTree through jury verdict; successfully litigated patent marking issue to diminish plaintiff’s jury verdict by over 70%; resulted in the first district court holding (Judge S. Robinson) that compliance with the constructive notice provision of 35 U.S.C. § 287(a) requires a patentee to mark an Internet website that enables the download of patented software. IMX, Inc. v. LendingTree, LLC, 2005 U.S. Dist. LEXIS 33179 (D. Del. Dec. 14, 2005); motion for reconsideration denied, 2006 U.S. Dist. LEXIS 551 (D. Del. Jan. 10, 2006).
Shane Nichols is a partner in Alston & Bird’s Intellectual Property Litigation Group and primarily represents his clients in high-risk patent infringement and trade secret litigation.
Licensed to practice in both Texas and Georgia, Mr. Nichols has represented clients in federal and state courts in the U.S., the U.S. International Trade Commission, as well as several international courts around the world. Mr. Nichols is registered to practice as a patent attorney before the U.S. Patent and Trademark Office.
Mr. Nichols is consistently recognized by third-party rating services for his skill in the area of intellectual property litigation. These include Chambers USA: America’s Leading Lawyers for Business, The Best Lawyers in America©, Georgia Trend’s “Legal Elite,” and Georgia Super Lawyers.
Mr. Nichols earned his undergraduate degree in electrical engineering and mathematics from Vanderbilt University and his law degree from Emory University. He teaches an annual Trial Techniques course to law students at Emory University. He is a past chairman of the State Bar of Georgia’s Intellectual Property Section.
- U.S. Patent and Trademark Office
- Emory University (J.D., 1997)
- Vanderbilt University (B.S.E.E., 1990)
- The United States Supreme Court
- The United States Court of Appeals for the Federal Circuit
- The United States Court of Appeals for the Eleventh Circuit
- Northern and Middle Districts of Georgia
- Eastern and Southern Districts of Texas
- U.S. Patent and Trademark Office
- State Bar of Georgia
- State Bar of Texas
- Intellectual Property Law Section of the State Bar of Georgia (Executive Committee, Past Chair)
- American Intellectual Property Law Association
- Atlanta Bar Association
- Houston Intellectual Property Law Association
- Emory Law School Intellectual Property Advisory Board
- Executive Board - North American Intellectual Property Law and Entertainment Law Conference
- Board of Directors of Public Broadcasting Atlanta, the parent of Atlanta’s public broadcasting stations 90.1 FM (WABE radio) and PBA 30 (television)
- Devote a significant part of practice to pro bono matters including arguing a death penalty appeal before the Eleventh Circuit Court of Appeals, defending numerous indigent tenants against wrongful eviction, and assisting state courts in rural counties by representing indigent defendants in preliminary hearings
- Represented Habitat for Humanity in connection with several real estate disputes
- Frequent Habitat for Humanity home-building volunteer