Overview

Nicole DeAbrantes (“Nikki”) provides support to clients worldwide, including the United States, the European Union, and Japan. These clients operate in several different industries, including biotechnology, pharmaceuticals, video streaming, farm equipment, and light emitting technology.

Nikki provides vital support to attorneys advocating for clients engaged in litigation, both in court and in disputes that are being addressed and resolved in other forums. She works on various types of litigation, including Hatch-Waxman litigation, biosimilars litigation, general patent litigation, and trade secret litigation. Litigation is a classic manifestation of the iceberg principle, in which what’s visible is only a portion of what’s going on. For every document that’s filed, or argument that’s made in a case, there is an enormous amount of often-unseen research, drafting, revision, and other work that makes it possible. Arguments don’t make themselves, and Nikki’s role is to execute the essential, foundational legal work necessary to construct them. 

In the case of trials, Nikki is involved in drafting pleadings, motion practice (particularly research, drafting, and strategy), review of expert reports, and Daubert motions. She also assists in the preparation, promulgation, and defense of depositions, as well as assisting clients and employees in preparing to be deposed. For witnesses, a deposition is usually a harrowing experience. By preparing them for both the procedure, and the topics at issue, Nikki helps make a difficult process a little easier and the outcome better. 

She also assists clients in preparation for proceedings before the Patent and Trademark Appeal Board (PTAB), particularly inter partes reviews. With respect to these, she helps research and draft petitions, expert reports, and patent owner responses. She handles privacy-related work as well, including drafting privacy agreements. Finally, Nikki assists clients with projects and research, and examination of the technological landscape for competitive or similar products, and in so doing, helps develop overall strategy.

As a practitioner, Nikki is particularly effective at communicating and working with clients. Patent law is a highly specialized, sometimes to the point of being arcane, field of law. The ability to distill complex procedural and evidentiary requirements into terms clients can understand and work with is invaluable, as is mastery of the endless details of the legal process, the technology at issue, and most importantly, the ways in which they intersect. Because Nikki has exceptionally strong interpersonal skills, and is capable of explaining and working with very complex technological or procedural topics her audience can grasp and interpret, complexity is not an issue. This skill extends to writing – Nikki is a clear, forceful, and effective writer, whether the document is a brief, an internal memo, or a formal pleading.

In combination with others at the firm, Nikki represents clients on a pro bono basis in cases involving religious liberties. These cases have included a Title VII lawsuit arising from the District of Columbia Public Schools’ (“DCPS”) retaliatory termination of Naomi Touvian, a public school speech pathologist, following her request for reasonable accommodation for her religious observances; and a case involving a town mandate forcing the Holy Ghost Society of Plymouth to connect to the Town sewer and incur huge costs, which resulted in the Holy Ghost Society obtaining an exemption under the Religious Land Use and Institutionalized Persons Act. 

Detailed and very organized, a skilled communicator, and a gifted researcher, Nikki is an essential part of the Rothwell Figg legal team, and someone whose work is frequently a pivotal factor in the team’s success.

Experience

Nikki advises clients on litigation strategy with respect to infringement, validity, and unenforceability issues. She has represented multiple companies in defending and asserting patent infringement claims in the District Court, Federal Circuit, and Patent and Trademark Office proceedings with great success. Nikki’s representative litigation matters include:

  • In re: Palbociclib Patent Litigation, MDL NO. 19-2912-CFC (D. Del.), and related cases in the Middle District of North Carolina - represented Synthon Pharmaceuticals in Hatch-Waxman litigation challenging patents related to IBRANCE® (palbociclib)
  • Nichia Corporation v. Feit Electric Company, Inc., Civil Action No. 20-cv-359 (C.D. Cal.) – represented plaintiff Nichia Corporation in a patent infringement lawsuit concerning filament-style LED lightbulbs, winning on a partial motion for summary judgment, and numerous Daubert challenges and winning in an inequitable conduct bench trial
  • Dynamic Motion Rides GMBH et al. v. Universal city Development Partners Ltd. et al., 21-cv-00752 (M.D. Fl.) - represented Universal defendants in obtaining complete dismissal of intellectual property related claims for a reasonable royalty or lost profits
  • Unverferth Mfg. Co., Inc. v. Meridian Mfg., Inc., Civil Action No. 19-cv-4005 (N.D. Iowa) – represented plaintiff and counterclaim defendant, Unverferth Mfg. Co., Inc. in a patent infringement lawsuit involving farm equipment, obtained a favorable claim construction ruling, won summary judgment on two of defendant’s counterclaims, defeated defendant’s summary judgment motion and arrived at a favorable settlement prior to trial.
  • Helios Streaming, LLC v. Vudu, Inc., 19-cv-1792 (D. Del.) - represented Vudu, Peacock, and Fandango in invalidating two asserted patents in inter partes review proceedings and obtaining stay of district court litigation, which led to a favorable resolution prior to claim construction hearing
  • Finite State Machine Labs, Inc. v. Spectracom Corp. et al., 17-cv-01040 (W.D. Tex.) – represented Plaintiff FSMLabs in asserting breach of contract, unfair competition, and misappropriation of trade secrets claims, arrived at successful resolution prior to summary judgment rulings
  • WhitServe LLC v. Donuts, Inc. in the District of Delaware (D. Del.) – represented Donuts, Inc. in a dismissing a patent infringement lawsuit
  • Unverferth Mfg. Co., Inc. v. J&M Mfg. Co., Inc., Civil Action No. 16-cv-2282 (N.D. Ohio) – represented plaintiff, Unverferth Mfg. Co., Inc. in a patent infringement lawsuit concerning self-fill seed tenders, arriving at a successful resolution after the close of discovery

Honors & Recognitions

Washington, D.C. Super Lawyers "Rising Star" (2023-2024)

Newsroom

Speaking Engagements

Community & Professional

Virginia Beach Bar Association (VBBA)

Education

J.D., The George Washington University Law School 

B.S., Biology (minors in Psychology and Political Science), Old Dominion University (magna cum laude)

Bar & Court Admissions

Bar Admissions

  • District of Columbia
  • Virginia
  • U.S. Patent and Trademark Office

Court Admissions

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the District of Columbia
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