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Heather B. Repicky, Nutter McClennen & Fish LLP Photo

Heather B. Repicky

Partner / Boston

Overview

Heather B. Repicky is a partner in the Litigation Department and a member of the firm’s IP and Patent Litigation practice group. She focuses her practice on civil litigation, with an emphasis on IP and complex commercial matters. Heather represents clients in all stages of the litigation lifecycle—pre-trial, trial, and appeal—in both state and federal courts.

Because Heather spends the majority of her practice litigating IP cases, she has a depth of knowledge on patent, trademark, copyright, and trade secret issues facing companies both large and small. This knowledge, combined with her strategic thinking, garners positive results for clients.

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For example, Heather’s representations include:

  • Securing summary judgment of obviousness in patent infringement case involving hemodialysis catheters;
  • Defeating preliminary injunction on behalf of a group of employees in a trade secret/non-competition case; 
  • Winning summary judgment of no inequitable conduct in patent case relating to social networking; 
  • Leading successful early mediation of patent dispute on behalf of medical device company; 
  • Negotiating a favorable settlement in copyright infringement case involving a fair use defense.

Although Heather has been involved in significant litigation cases across the country, the District of Massachusetts is truly her home court. This allows Heather to bring a unique local perspective to cases here in the Commonwealth and has resulted in several Fortune 500 companies retaining her as counsel for their litigation in Massachusetts. Heather also currently co-edits the Patent & Trademark Bulletin for the District of Massachusetts.

Prior to joining Nutter, Heather gained legal experience as a clerk for Chief Counsel for the Internal Revenue Service in Richmond, Virginia and as a student intern representing low-income taxpayers in the University of Connecticut Tax Clinic. During law school, Heather was the assistant managing editor of the Connecticut Law Review, a member of the executive board of the Corporate and Securities Law Society, and a participant in the Tax Certificate program.

Experience

Experience

  • Obtained Summary Judgment of Invalidity for Life Science Company Accused of Patent Infringement

    Our client, a life sciences company, was accused by a competitor of patent infringement relating to an insertion method for a medical device. After briefing and a hearing, the Court disposed of the case on summary judgment, finding the patent-in-suit obvious as a matter of law.

  • Represented a medical device company in policing a series of trademarks

    Representing a medical device company in policing a series of trademarks through several cease and desist letters and negotiations, bringing about very favorable results short of filing in court.

  • Successfully Mediated Patent Case for Medical Device Company

    Represented a medical device company, which owned a patent direct to transanal hemorrhoidal dearterialization, in a patent infringement case against a competitor. The case was settled by mediation before discovery commenced.

  • Obtained Permanent Injunction on Behalf of Client

    Represented manufacturer of anti-marking products for printing presses as the plaintiff in patent infringement suit. The defendant ultimately agreed to end the case on terms that included the entry of a permanent injunction.

  • Reached Global Resolution of Patent & Trademark Cases for Consumer Products Client

    Represented a company in several jurisdictions in related patent and trademark actions concerning the manufacture, sale, and marketing of feminine hygiene products. The client and its competitor resolved the cases globally on terms favorable to our client.

  • Secured Settlement in Patent Case for Patentee

    Represented plaintiff in a patent infringement suit related to an ingestible bait poison for molluscs, including snails and slugs, against manufacturer and seller of organic and biodegradable pesticides. Case was settled just as discovery was about to commence.

  • Defended Client Against Claims of Trademark Infringement

    Represented a client in the food and beverage industry in trademark infringement case in federal district court. Case was settled before the filing of an answer on terms favorable to client.

  • Settled IP Misappropriation and Trademark Case for Client

    Represented the defendant in case brought by a competitor involving rights to the name and use of a market index. Case was settled at mediation.

  • Negotiation of early settlement of patent infringement suit

    Negotiation of an early settlement of a patent infringement suit whereby client agreed to re-design its product. Case was dismissed with no payment of damages.

News & Insights

News

Publications

Blog Posts

Honors

Honors

  • Massachusetts Super Lawyers, 2017
  • Massachusetts Super Lawyers Rising Stars, 2009-2015

Education & Admissions

Education

University of Connecticut School of Law, J.D., with high honors

University of Richmond, B.A., cum laude

Admissions

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

Industry Expertise

Although Heather has been involved in significant litigation cases across the country, the District of Massachusetts is truly her home court. This allows Heather to bring a unique local perspective to cases here in the Commonwealth and has resulted in several Fortune 500 companies retaining her as counsel for their litigation in Massachusetts. 

Noteworthy

Massachusetts Super Lawyers, 2017
Massachusetts Super Lawyers Rising Stars, 2009-2015

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