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Intellectual Property


Intellectual property assets are often the cornerstone to a client’s success—and survival. The intellectual property lawyers at Nutter help clients protect, enhance, leverage, or capitalize on those assets to change the world, especially in life sciences and technology. It is a big reason why we have a passion for doing what we do. Because of our commitment to providing value for the money invested in our services, we work to understand every client’s business and how our efforts as legal counselors and advocates can help that business.

We also deliver value by constantly refining our own processes and maximizing our efficiency, avoiding wasted steps and duplication of efforts. In addition, we staff our projects leanly, often using just one partner and one associate on a task. The partner-to-associate ratio at Nutter enables significant partner level attention on each project and superior associate training and satisfaction. Our firm has ranked highly in those categories in national surveys. 

Our Team

Our attorneys and technical specialists are experienced in: 

  • Federal and state laws that protect intellectual property, such as the federal patent, trademark, and copyright statutes, and trade secret and unfair competition laws 
  • Administrative procedures that are unique to intellectual property assets, including patent interferences and trademark oppositions
  • Litigating patent, trademark, and copyright disputes, as well as unfair practices, employment and confidentiality agreements, including non-competition and non-disclosure covenants

Nutter’s Intellectual Property team has received numerous accolades, including has: 

  • Ranked in Best Lawyers in America 2018 for Litigation—Intellectual Property and Patent Law
  • Named as a “Go To” patent counsel in IP Law & Business
  • Named as a “Go To” patent counsel in Corporate Counsel

Who We Represent
Global corporations, mid-market and small companies, major universities and research institutions, inventors, investors, and entrepreneurs turn to Nutter’s team for a wide variety of IP matters. We are educated and experienced in a range of industries including:

  • Biotechnology 
  • Computer hardware and software
  • E-commerce
  • Energy (alternative and traditional)
  • Financial services, including banking, investment banking, and insurance
  • Manufacturing, wholesaling, and retailing
  • Medical devices
  • Optics and laser technology 
  • Pharmaceuticals, including small molecules and biologics
  • Specialty chemicals

What We Do

  • Intellectual property due diligence
  • IP litigation
  • International IP rights
  • Patent infringement actions
  • Patent portfolio development and counseling
  • Patent prosecution
  • Trademarks, copyrights and trade secrets
  • Technology licensing

We help clients to unlock the value of their IP, creating revenue streams from licensing and sales. Clients also look to us for assistance in developing IP triage strategies, which can determine which IP assets should be protected, renewed, or bolstered and the ones that should be licensed, sold, or abandoned for optimal return on investment. We also perform IP docketing and management services for clients, ensuring that they do not miss important filing or renewal dates, and we monitor filings with the U.S. Patent and Trademark Office (the “PTO”) for legally objectionable actions by competitors.

View Practice Team

Representative Matters

Representative Matters

  • Intergraph Corporation

    Nutter achieved a significant win for its client Intergraph Corporation. Intergraph invented a distinct graphic for the on-screen display of its software product and engaged Tom Tuytschaevers to obtain a “design” patent for the graphic. A design patent is a patent that grants ownership to the ornamental design of a product. The Examiner at the U.S. Patent and Trademark Office (“U.S.P.T.O.”) rejected Intergraph’s application based on the Examiner’s erroneous interpretation of the statute and a U.S.P.T.O. precedential decision. Tom persevered through a multi-year battle with the U.S.P.T.O., including a successful appeal to the U.S.P.T.O.’s Patent Trial and Appeal Board (“Board”). Tom researched the evolution of the U.S.P.T.O.’s standards for design patents, briefed the appeal, and represented Intergraph at oral arguments before the Board, ultimately convincing them to rule in Intergraph’s favor. The Board’s decision clarifies the U.S.P.T.O.’s design patent standards and holds the potential to change the way the U.S.P.T.O. examines design patent applications for computer displays.

  • ALM Works, Inc.

    Nutter served as legal counsel to ALM Works, Inc., the developer of software products to empower project managers around the world with visibility and control, in connection with its acquisition by Tempo Software, a leading provider in team time management and productivity-enhancing solutions.

  • Connected Home Care, LLC

    Nutter served as legal counsel to Connected Home Care, LLC, a leading home care provider serving Medicaid, dual-eligible, and private pay clients throughout Eastern Massachusetts, in connection with its acquisition by HouseWorks, LLC, one of the nation’s largest independent home care companies.

  • Ce3, Inc.

    Nutter served as legal counsel to Ce3, Inc., a full-service CRO focused on providing early phase oncology clinical development services to the biotechnology industry, in connection with its acquisition by Catalyst Clinical Research, a clinical development organization providing highly customizable clinical research solutions to the global biopharmaceutical industry.

  • Gravyty

    Nutter served as legal counsel to Gravyty, a market-defining provider of fundraiser enablement solutions powered by artificial intelligence, in connection with a $21 million investment from K1 Investment Management, a leading investment firm focusing on high-growth enterprise software companies.

  • Strategic Cyber LLC

    Nutter advised Strategic Cyber LLC in connection with its acquisition by HelpSystems, a Minnesota-based IT software company.

  • Agrify Corporation

    Nutter served as legal counsel to Agrify Corporation, a developer of premium indoor grow solutions, in connection with its acquisition of TriGrow Systems, Inc.

  • Innovation Associates

    Nutter served as legal counsel to Innovation Associates, the market-leading provider of high-volume pharmacy automation technology and software solutions to the retail, hospital, government, and mail order pharmacy markets, in connection with a consortium of investors led by Greg Wasson, the former Walgreens Boots Alliance CEO, acquiring a majority stake to scale the business and enhance its pharmacy automation offerings.

  • Cali’flour Foods

    Nutter advised Cali’flour Foods, the developer and manufacturer of low-carb, gluten-free cauliflower products, in a Series A financing round led by Sunrise Strategic Partners, with participation from CircleUp Growth Partners.

  • Fisher International, Inc.

    Nutter served as sole legal advisor to Fisher International, Inc., a firm supporting the pulp and paper industry with business intelligence and strategy consulting services, in its acquisition by Battery Ventures, a global technology-focused investment firm.

  • Drafted amicus brief to Supreme Judicial Court on patent prosecution conflicts

    Nutter drafted an amicus brief to the Massachusetts SJC on behalf of a patent law association in a case involving subject matter conflict-of-interest issues in patent prosecution.

  • Obtained reversal of lost profits award for American Technical Ceramics

    Nutter represented defendant American Technical Ceramics, Inc. before the Court of Appeals for the Federal Circuit in an appeal from a 2016 jury trial. The Federal Circuit reversed the jury’s award of lost profits based on the availability of an acceptable non-infringing alternative.

  • Obtained summary judgment of invalidity for medical device company accused of patent infringement

    Nutter advised a life sciences company that 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

    Nutter represented 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.

  • Represented Lallemand in competitor patent case

    Nutter defended Lallemand Specialties, Inc. and its affiliate in 2018 jury trial during which a competitor alleged Lallemand infringed a patent directed to transgenic yeast. The parties ultimately entered into a mutually-beneficial joint agreement, which includes a license to the patent-in-suit.

  • Secured favorable settlement for client in “bet the company” case

    Nutter represented a startup speech recognition technology company defending numerous simultaneous lawsuits in multiple jurisdictions in a momentous patent war with a much larger rival company. Through Nutter’s efforts, the client was able to achieve a global settlement on very favorable terms.

  • Globe Composite Solutions, LLC

    Nutter served as legal advisor to Globe Composite Solutions, LLC (Globe), a navy submarine supplier, in its acquisition by ESCO Technologies Inc. (NYSE: ESE), a global provider of highly engineered products and solutions to diverse and growing end-markets that include the aerospace, space, healthcare, wireless, consumer electronics, electric utility, and renewable energy industries. 

  • Shawmut Corporation

    Nutter represented Shawmut Corporation, a developer of high-performance composites, in its joint venture with the automotive headliner and specialty industrial fabrics business of Glen Raven Technical Fabrics LLC, a global provider of innovative technical fabric solutions.


    Nutter represented OSRAM, one of the world’s leading lighting manufacturers with headquarters in Munich, Germany, in its acquisition of Digital Lumens Inc., a Boston-based company that specializes in industrial Internet of Things (IoT) solutions.

  • CIRCOR International, Inc.

    Nutter represented CIRCOR International, Inc. (NYSE: CIR), a leading provider of valves and other highly engineered products for markets including oil and gas, power generation, and aerospace and defense, in its acquisition of Critical Flow Solutions (CFS) for $210 million.

  • Obtained permanent injunction on behalf of PrintGuard

    Nutter represented PrintGuard, Inc., a 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 and trademark cases for consumer products client

    Nutter 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

    Nutter represented a 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. The case was settled just as discovery was about to commence.

  • Defended client against claims of trademark infringement

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

  • Settled IP misappropriation and trademark case for client

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

  • Strategic counseling for successful exit

    Nutter developed a strategic patent portfolio for an early stage emerging medical device company focused on minimally invasive wound closure. We defended the company in a due diligence evaluation by prospective investors and asserted patents against a large medical device company, resulting in a successful exit for investors through the sale of company assets to the competitor.

  • Negotiation of early settlement of a patent infringement suit

    Nutter negotiated an early settlement of a patent infringement suit whereby the client agreed to re-design its product. The case was dismissed with no payment of damages.

  • Patent prosecution and portfolio development (medical)

    Nutter provided strategic advice on the development and management of robust patent portfolios to help medical device companies present a significant entry barrier to competitors. These companies include DePuy Spine, Ethicon Endo-Surgery, and DePuy Mitek, all Johnson & Johnson companies.

  • Patent Prosecution and Portfolio Development (chemical)

    Successfully designed and prosecuted large patent portfolio directed to environmentally friendly pesticides.

  • IP Strategy

    Develop and implement strategic intellectual property strategy plan for emerging company in the field of tissue ablation.

  • Market clearance

    Nutter analyzed the claims of third party patents and provided strategic counseling and advice to major medical device companies in connection with planned commercial launches. Products include a broad range of surgical devices in various fields, including bariatrics, spinal surgery, soft tissue fixation, neurosurgery, nutritional products, contact lenses, and pharmaceuticals.

  • Litigation support and strategy

    Nutter developed strategy and provided litigation support for an herbicide manufacturer that successfully enforced IP rights against two competitors, resulting in early favorable settlements.

  • IP due diligence

    Nutter provided IP due diligence counseling for the lead investor syndicate of institutional investors for over $20 million Series B investment in a clinical diagnostic company.

  • IP due diligence

    Nutter provided IP due diligence counseling for the lead investor syndicate of investors for over $25 million Series C investment in a neuro stimulation company.

  • Strategic IP Counseling

    Devised a strategy, and provided strategic counseling and support of successful oppositions of competitor patent applications in Australia and Europe.

  • Abveris

    Nutter advised Abveris (formally known as AbX Biologics, Inc.), a privately-held in vivo antibody discovery services company, in connection with its acquisition by Twist Bioscience Corporation (NASDAQ: TWST), a leading and rapidly growing synthetic biology and genomics company that has developed a disruptive DNA synthesis platform to industrialize the engineering of biology.

  • AI Company in Copyright Litigation

    Nutter represented a company that develops AI solutions for a wide range of commercial applications in copyright litigation against a former business partner. The firm prepared a strong non-infringement case based on a deep analysis of the software’s source code. The case settled favorably shortly before trial.

  • AppwoRx LLC

    Nutter served as legal counsel to AppwoRx LLC, a Boston-based medical technology manufacturer, in connection with its acquisition by PatientNOW, a private equity-backed computer software company headquartered in Englewood, CO.

  • Baril Corporation

    Nutter served as legal counsel to Baril Corporation, a leading medical specialty manufacturer of infection prevention, wound care, clinical chemistry, patient monitoring, and medical and surgical consumable products, in its acquisition by TEAM Technologies, Inc., a leading North American healthcare specialty manufacturer focused on oral and dental care and medical end markets. 

  • Beyonic, Inc.

    Nutter served as legal counsel to Beyonic, Inc., a digital payments management provider of business services for SMEs, fintechs, and social impact entities across Africa, in its acquisition by MFS Africa Limited, Africa’s largest digital payments hub.

  • Biofuels in patent litigation

    Nutter defended a producer of genetically modified organisms used in ethanol production in a jury trial during which a competitor alleged infringement of a patent directed to transgenic yeast. The parties ultimately entered into a mutually-beneficial joint agreement, which includes a license to the patent-in-suit.

  • Copley Equity Partners

    Nutter served as legal counsel to Copley Equity Partners, a Boston-based private investment firm, in its investment to recapitalize, and facilitate the merger of, Aethon Aerial Solutions and Flight Evolved.

  • Dragonfly Group Inc.

    Nutter served as legal counsel to Dragonfly Group Inc., a technology-enabled platform acquiring and scaling standout e-commerce brands, in a significant, proprietary investment from the Flagship Buyout Fund of L Catterton, the largest global consumer-focused private equity firm.

  • Eastprint Incorporated

    Nutter served as legal counsel to Eastprint Incorporated, a printed electronics solutions provider, in connection with its acquisition by East West Manufacturing, LLC, an integrated design, engineering, manufacturing, and distribution services partner for original equipment manufacturers and distributors throughout North America and Europe.

  • German Information Services Company

    Nutter advised a German information services company about risk factors associated with making automated use of third-party technical content in databases for purposes of enabling call center support.

  • GPS-Based Pet Containment and Tracking Collar Company

    Nutter represented a company that designs and sells a GPS-based pet containment and tracking collar in asserting multiple patents against a competitor (who brought counterclaims relating to, among other things, alleged false marketing statements). Litigation spanned district court and PTAB (IPR proceedings). Nutter obtained a favorable claim construction ruling and numerous discovery-related rulings. Nutter’s IP Litigation team completed fact and expert discovery and obtained key concessions from witnesses. Within a few months of trial, the court granted our motion to expand infringement allegations to allow the assertion of infringement under the doctrine of equivalents. Shortly thereafter, the case settled favorably.

  • Hadron Healthcare Fund

    Nutter advised Hadron Healthcare Fund in MariMed, Inc.’s (OTCQX: MRMD) $46 million financing.

  • Invoke Solutions, Inc.

    Nutter served as legal counsel to Invoke Solutions, Inc., a research and content testing platform that serves many of the world's top video streaming services and broadcasters, in connection with its acquisition by MarketCast LLC.

  • Kalahari Snacks

    Nutter served as legal counsel to Kalahari Snacks, the #2 biltong brand in the U.S., in its acquisition by Stryve Foods LLC, an emerging healthy snacking platform and the leading air-dried meat snack company in the country.

  • National Women’s Hockey League

    Nutter represented the NWHL in connection with its preparation of the NWHL 2021 Season in Lake Placid, including securing a broadcast agreement with NBC Sports Network and a venue agreement for the event with the Herb Brooks Arena. Nutter also represented the NWHL in connection with its reorganization to an unincorporated association and new governance model, resulting in the original six NWHL member clubs being subject to the terms of the NWHL Constitution and Bylaws with each of the member clubs being represented on the NWHL Board of Governors.  

  • OpenClinica

    Nutter served as legal counsel to OpenClinica, an industry-leading clinical research solutions provider based in Waltham, MA, in connection with a strategic investment with Thompson Street Capital Partners.

  • REAL Software Systems

    Nutter served as legal counsel to REAL Software Systems in connection with its acquisition by Rightsline, the leading rights and finance management platform for the media and entertainment industry.

  • SaaS Platform and Mobile Application Company

    Nutter drafted a user agreement for a SaaS platform and accompanying mobile application specific to the event planning and hospitality fields, which involved providing privacy/data protection advice and guidance about user-generated content copyright liability risks.

  • Smart notebook company in patent litigation

    Nutter represented a company that designed and sells reusable smart notebooks in patent litigation against Chinese companies attempting to enter the U.S. market with infringing products by filing a declaratory judgment action of non-infringement. The firm constructed a strong infringement argument and convinced declaratory judgment plaintiffs to dismiss the case before the client had to file an answer or spend significant money. 

  • Software company in intellectual property litigation

    Nutter represented a software company that sued a Fortune 100 computer hardware, software, and services company for copyright infringement, breach of license agreement, and breach of contract (among other causes of action) as a result of unauthorized copying and use of the client’s software to design and develop a competing product. Nutter defeated the motion to dismiss. The firm architected and executed a discovery strategy that revealed a weakness in the opposing party’s case. The case settled very favorably shortly thereafter.

  • Software Developer

    Nutter prepared and negotiated a master services agreement and subsidiary agreements for a software developer under which the client both developed software for a multinational company and also retained and licensed certain core software.

  • Veristat, LLC

    Nutter served as legal counsel to Veristat, LLC, a scientifically minded global clinical research organization (CRO), in its acquisition by WindRose Health Investors, LLC, a New York City-based health care private equity firm.

  • Wayne Gretzky Estates

    Nutter acts as U.S. counsel for Wayne Gretzky Estates, assisting with protection of their brands as they expand into the U.S. with craft brewing restaurants.

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