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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 Nutter’s Litigation Department and a member of the firm’s IP Litigation practice group. Because she focuses her practice on intellectual property matters, Heather has a depth of knowledge on patent, trademark, copyright, and trade secret issues facing companies both large and small. This expertise, combined with her strategic and direct approach, allows Heather to work with clients to resolve their most challenging intellectual property disputes.

Heather has substantial trial and appellate experience in federal courts across the country. Having litigated in the District of Massachusetts for more than a decade, however, she brings a unique local perspective to cases in the Commonwealth. As a result, several Fortune 500 companies have retained Heather as counsel for their IP litigation in Massachusetts.

Notable Experience and Client Impact

  • Acting as lead trial counsel in a jury trial on behalf of a medical component manufacturer sued by a competitor for patent infringement and willful infringement of two patents
  • Securing summary judgment of obviousness for defendant alleged to have infringed patent directed to a method of insertion of a medical device
  • Acting as lead trial counsel in the damages phase of a bifurcated jury trial involving a patent directed to yeast used for bioethanol production
  • Drafting amicus brief to the Massachusetts Supreme Judicial Court on behalf of a patent law association in a case involving subject matter conflict-of-interest issues in patent prosecution
  • Securing summary judgment of no inequitable conduct in a patent case relating to a social networking patent
  • Achieving reversal by the Court of Appeals for the Federal Circuit of a lost profits award on behalf of an electronic component company sued for patent infringement by a competitor
  • Submitting writ of certiorari to the United States Supreme Court on the scope of evidence that can be considered in evaluating patent indefiniteness

In addition to Heather’s patent litigation expertise, she has assisted clients in both trademark and copyright matters. In particular, Heather has advised clients on how to protect their brand, whether that be through proceedings in the Patent and Trademark Office or in state and federal courts.

Heather is frequently quoted in the media on cutting-edge developments in the intellectual property field, including IPWatchdog, Law360, Intellectual Asset Management Magazine, and Massachusetts Lawyers Weekly, among others. A sought-after speaker, she regularly presents on patents and intellectual property strategies.

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 hemodialysis catheter. 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.

  • Obtained Permanent Injunction on Behalf of Client

    Represented manufacturer of anti-marking products for printing presses as the plaintiff in a 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, 2017-2018
  • 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 
  • U.S. Supreme Court

Industry Expertise

Heather has substantial trial and appellate experience in federal courts across the country. Having litigated in the District of Massachusetts for more than a decade, however, she brings a unique local perspective to cases in the Commonwealth. As a result, several Fortune 500 companies have retained Heather as counsel for their IP litigation in Massachusetts.

Noteworthy

Massachusetts Super Lawyers, 2017-2018
Massachusetts Super Lawyers Rising Stars, 2009-2015

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