Nicholas A. Restauri

Nick’s experience includes litigating matters from complaint to trial across a wide range of technologies. Nick has played a central role in over a dozen jury and bench trials and preliminary injunction and evidentiary hearings, including presenting and cross-examining fact and expert witnesses alike. He is well-versed in handling all stages of a case’s lifecycle, including pleadings, fact and expert discovery, motion practice, court hearings, claim construction, trial practice, and appeals. Nick also utilizes his inter partes and covered business method review experience to analyze infringement claims and formulate comprehensive litigation strategy for clients. His experience also includes prosecuting patent applications before the US Patent and Trademark Office, and he frequently counsels startups and entrepreneurs on developing and protecting IP.

With a background in the electronic and computing arts, Nick has experience representing clients across a diverse range of technologies, including digital signal processing, RF signal encryption and modulation, remote system control applications, Bluetooth connectivity, cloud-based server architecture, telecommunications, cellular telephone subscriber authentication protocols, mobile phone applications, controller logic and communication interfaces, LED circuitry design, mechanical devices, lithium-ion batteries, power tools and outdoor products, and medical devices. 

During law school, Nick was an editor of DePaul’s Journal of Art, Technology & Intellectual Property. He also competed in the Giles Sutherland Rich Patent Moot Court, where he and his partner finished first place in the Midwest regional competition, receiving best brief awards for both appellant and appellee briefs, and finished runner-up at the nationals competition held at the Federal Circuit. As a result of their accomplishments, Nick and his partner were inducted into the Order of Barristers.

Before joining Morgan Lewis, Nick was an associate with a large IP law boutique.

• A major consumer electronics manufacturer in a patent infringement jury trial in the Eastern District of Texas, including obtaining a complete victory with jury verdicts finding both non-infringement and invalidity of all asserted patent claims
• A global power tool and outdoor product manufacturer in multijurisdictional dispute spanning US district court, the ITC, the USPTO, Court of International Trade, and Federal Circuit; key victories included obtaining two preliminary injunctions on behalf of our client, reversal by the Federal Circuit of the jury’s validity and infringement finding on key patent, and determinations of non-infringement and invalidity at the ITC
• A manufacturer of light emitting diode technology in three ITC investigations; two investigations were dismissed shortly before trial and the third resulted in determinations of non-infringement, invalidity, and lack of domestic industry
• A cellular “hot spot” manufacturer in a patent infringement jury trial in the Southern District of New York; the jury’s finding of infringement was reversed by the Federal Circuit resulting in a complete victory for our client.
• A major automotive parts supplier in District of Delaware and before the PTAB, including successfully invalidating key asserted claims in an IPR
• A major technology company in a case involving augmented reality hardware in District of Delaware
• A manufacturer of chemical fogging apparatus in Districts of New Hampshire and Delaware
• A major internet search provider in Eastern District of Texas
• A manufacturer of technology for recovering oil from wellbores in Western District of Texas
• A manufacturer of bucket-top misting fan in Northern District of Illinois
• A supplier of real-time financial data in District of Delaware
• A major insurance provider in Eastern District of Texas