Nicholas A. Restauri represents both plaintiffs and defendants in complex intellectual property (IP) disputes across the United States, including patent, trademark, copyright, trade secret, and breach of contract litigation. Nick represents clients in US district and appellate courts, before the US International Trade Commission, and in AIA post-grant and inter partes review (IPR) proceedings before the US Patent and Trademark Office.
Nick’s experience includes litigating matters from complaint to trial across a wide range of technologies. Nick has played a central role in several jury and bench trials and preliminary injunction hearings, including presenting and cross-examining fact and expert witnesses. He is well-versed in handling all stages of a case’s lifecycle, including pleadings, fact and expert discovery, motion practice, court hearings, claim construction, trial practice, and appeals. Nick also utilizes his inter partes and covered business method review experience to analyze infringement claims and formulate comprehensive litigation strategy for clients. His experience also includes prosecuting patent applications before the US Patent and Trademark Office, and he frequently counsels startups and entrepreneurs on developing and protecting IP.
With a background in the electronic and computing arts, Nick has experience representing clients across a diverse range of technologies, including digital signal processing, RF signal encryption and modulation, remote system control applications, Bluetooth connectivity, cloud-based server architecture, telecommunications, cellular telephone subscriber authentication protocols, mobile phone applications, controller logic and communication interfaces, LED circuitry design, mechanical devices, lithium-ion batteries, power tools and outdoor products, and medical devices.
During law school, Nick was an editor of DePaul’s Journal of Art, Technology & Intellectual Property. He also competed in the Giles Sutherland Rich Patent Moot Court, where he and his partner finished first place in the Midwest regional competition, receiving best brief awards for both appellant and appellee briefs, and finished runner-up at the nationals competition held at the Federal Circuit. As a result of their accomplishments, Nick and his partner were inducted into the Order of Barristers.
Before joining Morgan Lewis, Nick was an associate with a large IP law boutique.
A major automotive parts supplier in District of Delaware and before the PTAB, including successfully invalidating key asserted claims in an IPR
A global power tool and outdoor product manufacturer in multijurisdictional dispute spanning US district court, the ITC, the USPTO, Court of International Trade, and Federal Circuit; key victories included obtaining two preliminary injunctions on behalf of our client, reversal by the Federal Circuit of the jury’s validity and infringement finding on key patent, and determinations of non-infringement and invalidity at the ITC
A manufacturer of light emitting diode technology in three ITC investigations; two investigations were dismissed shortly before trial and the third resulted in determinations of non-infringement, invalidity, and lack of domestic industry
A cellular “hot spot” manufacturer in a patent infringement jury trial in the Southern District of New York; the jury’s finding of infringement was reversed by the Federal Circuit resulting in a complete victory for our client.
A major technology company in a case involving augmented reality hardware in District of Delaware
A manufacturer of chemical fogging apparatus in Districts of New Hampshire and Delaware
A major internet search provider in Eastern District of Texas
A manufacturer of technology for recovering oil from wellbores in Western District of Texas
A manufacturer of bucket-top misting fan in Northern District of Illinois
A supplier of real-time financial data in District of Delaware
A major insurance provider in Eastern District of Texas
DePaul University College of Law, 2012, J.D., Cum Laude
DePaul University, 2012, M.S., Computer Science
Western Michigan University, 2008, B.S., Mathematics and Political Science
US District Court for the Eastern District of Texas
US Court of Appeals for the Federal Circuit
US Court of International Trade
US District Court for the Northern District of Illinois
US Patent and Trademark Office
Awards and Affiliations
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
Member, Litigation Department of the Year–Intellectual Property, The American Lawyer (2019)