Nicole Cunningham

Nicole S. Cunningham is a savvy Pillsbury litigator who achieves winning results in patent, trademark and trade secret matters in district courts and before the ITC. Nicole litigates intellectual property disputes for clients in the telecommunications, wireless, mechanical, medical device and life sciences fields.

She skillfully navigates complicated indemnity claims, manages multidefendant litigation and achieves key procedural victories in patent litigation matters.

Nicole has represented clients in consumer class actions and complex commercial litigation involving license agreement disputes, accounting disputes and unfair competition claims. She also achieves favorable, high-dollar results for clients through arbitration.

REPRESENTATIVE EXPERIENCE :

• Defended ZTE Corp. and ZTE (USA) in a patent infringement lawsuit targeting LTE handsets. Achieved a highly favorable settlement following successful claim construction.
• Defending HTC Corp., HTC America and ZTE (USA) in 10 separate patent infringement lawsuits involving more than a dozen alleged standards-essential patents.
• Representing Select Comfort Corp., the complainant in an ongoing series of ITC investigations and district court lawsuits, asserting patent infringement regarding air mattresses and air pumps.
• Obtained early dismissal of multiple defendants’ claims in a patent infringement litigation involving cellular telephones and networks.
• Secured a multimillion-dollar result for clients in an arbitration involving a disputed earnout provision.
• Represented Helicos BioSciences Corp. in patent litigation involving single-molecule DNA sequencing technology.
• Represented Biogen Idec in patent litigation against Corixa Corp., Coulter Pharmaceutical Inc., and the Regents of the University of Michigan involving radiolabeled antibodies used for treating lymphoma.

Associations :

• San Diego Intellectual Property Law Association
• San Diego Bar Association
• The Hon. Clifford J. Wallace American Inn of Court
• Alumni Leadership Council, La Jolla Country Day School
• Former Trustee, La Jolla Country Day School

EDUCATION :

• J.D., University of California, Los Angeles, School of Law, 2004
• A.B., Biology, Duke University, 2001

ADMISSIONS : California

COURTS :

• U.S. District Court for the Southern, Northern, Eastern and Central Districts of California
• U.S. District Court for the Eastern District of Texas
• California Supreme Court