Heather B. Repicky
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.
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.
- 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
- Forty-four Nutter Attorneys Recognized in 2015 Edition of Massachusetts Super Lawyers and Rising Stars10.30.2015
- Nutter attorney Heather Repicky submits amicus brief on behalf of BPLA to highest Massachusetts state court08.31.2015
- October 2013
- October 2012
- ABA IP Litigation Newsletter, Summer 2009
- Heather Repicky and Rory Pheiffer present at M2D2 Educational Series 2014 - "What You Need to Know About IP to Talk to Investors"06.30.2014
- 10.12.2016 | Article
- 05.21.2015 | Legal Update
- 01.16.2015 | Legal Update
- 01.16.2015 | Legal Update
- 11.19.2014 | Legal Update
- 11.18.2014 | Legal Update
- 07.21.2014 | Legal Update
- Boston Bar Journal publishes “When is Hacking a Crime? Potential Revisions to the CFAA” by Heather Repicky07.09.2014 | Article
- 07.02.2014 | Legal Update
- 05.30.2014 | Legal Update
- 03.27.2014 | Article
- 01.15.2014 | Legal Update
- 10.08.2013 | Legal Update
- 07.03.2013 | Legal Update
- February 2013 | Legal Update
- 07.09.2012 | Article
- 02.10.2012 | Advisory
- 03.31.2011 | Legal Update
- November 2010 | Legal Update
- 05.07.2010 | Legal Update
- 03.10.2010 | Legal Update
- 10.22.2009 | Legal Update
- 09.03.2009 | Legal Update
- Titan Tire Corp. v. Case New Holland, Inc.: Federal Circuit Confirms There is No Special Preliminary Injunction Standard for Patent Cases08.11.2009 | Advisory
- 06.18.2009 | Legal Update
- 04.27.2009 | Legal Update
- 02.24.2009 | Legal Update
- 12.15.2008 | Legal Update
- IP Law Bulletin, 11.09.2017
- IP Law Bulletin, 01.01.2017
- SCOTUS UPSETS THE APPLE CART?: The High Court Answers Key Question on Design Patent Damages, But Leaves Many UnansweredIP Law Bulletin, 12.06.2016
- IP Law Bulletin, 10.05.2016
- IP Law Bulletin, 09.01.2016
- IP Law Bulletin, 09.24.2015
- We Are Pro-Patent, Not Pro-Troll: Supreme Court Rejects Belief of Invalidity as Defense to Induced InfringementIP Law Bulletin, 05.26.2015
- Nutter's IP Bulletin How-To Series on Branding: What to Do Once Your Trademark Registers—The Brand & New MediaIP Law Bulletin, 05.21.2015
- IP Law Bulletin, 05.21.2015
- IP Law Bulletin, 01.16.2015
- IP Law Bulletin, 11.18.2014
- IP Law Bulletin, 06.02.2014
- Nutter's IP Bulletin How-To Series on Branding: Five "Cs" to Check-Off Your List Before You Decide on TrademarksIP Law Bulletin, 01.15.2014
- Have You Gotten Your Opinion on Patent Invalidity? Federal Circuit Establishes A New Defense To Claims Of Induced InfringementIP Law Bulletin, 06.27.2013
- Titan Tire Corp. v. Case New Holland, Inc.: Federal Circuit Confirms There is No Special Preliminary Injunction Standard for Patent CasesIP Law Bulletin, 08.11.2009
- Massachusetts Super Lawyers, 2017
- Massachusetts Super Lawyers Rising Stars, 2009-2015
Education & Admissions
University of Connecticut School of Law, J.D., with high honors
University of Richmond, B.A., cum laude
- 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
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.
Massachusetts Super Lawyers, 2017
Massachusetts Super Lawyers Rising Stars, 2009-2015