Nicole L. LittlePartner

Nicole L. Little is a litigator representing clients in intellectual property law matters involving patents, trademarks and unfair competition, and trade secret law, as well as contractual disputes and business torts. Nikki is skilled in all phases of discovery, pretrial, and trial procedure as well as appellate practice before the U.S. Court of Appeals for the Federal Circuit. She has participated in numerous jury and bench trials, representing clients ranging from individual inventors to multinational corporations.

Nikki’s practice also extends to patent post-issuance proceedings at the USPTO, where she has represented clients both offensively and defensively in parallel with ongoing district court proceedings. She has also participated in cases involving the International Trade Commission. In addition, Nikki has considerable experience assisting clients with patentability, infringement, and validity opinions.

Nikki works with clients across a broad spectrum of technologies, including medical devices, construction and building products, computer software applications, lighting fixtures and circuitry, garage door systems, industrial equipment, tools, high-speed industrial printers, and electronic stored value card payment systems.

In addition, Nikki has experience in IP-related aspects of advertising, marketing, and promotions. Nikki has counseled clients regarding substantiation, approval, and defense of advertising and labeling claims, as well as legal compliance with federal and state requirements, including with respect to websites, email, social media, mobile, sweepstakes, and other marketing activities.

Nikki assists clients in negotiating a variety of agreements, such as ad agency, PR agency, sponsorship, joint promotion, partnership, software as a service, work-for-hire, non-disclosure, and master product and service agreements for a variety of areas. She also regularly advises on issues relating to data privacy and information security, confidentiality, and best practices for minimizing business risk in these areas.

Nikki serves as a member of Fitch Even's Executive Committee and the DE&I Committee and as chair of the Recruiting and Employment Committee. Nikki also co-leads Fitch Even’s Women’s Initiative.

Nikki is cofounder and past chair of Chicago Women in IP (ChiWIP), a networking and mentoring group committed to the connection, promotion, and success of professional Chicago women in all stages of practice of every facet of IP law.

Delmar International (N.Y.) Inc. v. Interfracht Internationale Spedition Hogenkamp & Karrasch (gmbH & Co.) KG et al. (N.D. Ill. 2022–present). Acting as lead counsel for all defendants in defending against claims of breach of contract, trade secret misappropriation, and tortious interference, among others. The case is ongoing.

Global Life Technologies Corp. v. Medline Industries, LP (S.D. Fl. 2020, 2022–present). Representing defendant Medline Industries against claims of patent infringement involving antimicrobial and antiviral nasal swab devices, and subsequent enforcement proceedings. The case is ongoing.

New Girl Order LLC v. New Girl Order Ltd. et al. (S.D.N.Y. 2021–present). Acting as lead counsel for brand owner New Girl Order Ltd. and retailers Urban Outfitters, Dolls Kill, and Zumiez in defending against claims of trademark infringement, unfair competition, and others. The case is ongoing.

EBM Associates, LLC et al. v. Vintage Wine Estates, Inc. (JAMS 2021–present). Representing brand and vineyard owners EBM Associates and Bien Nacido Vineyards L.P. in arbitration asserting claims of trademark infringement and unfair competition, among others. The case is ongoing.

Quartz Auto Technologies LLC v. Grubhub Holdings, Inc. (N.D. Ill. 2021–present). Representing patent owner Quartz Auto in pursuing infringement claims against Grubhub for several software patents directed to location-based services, mobile computing, and related technologies. The case is ongoing.

Quartz Auto Technologies LLC v. Lyft, Inc. (W.D. Tex. 2021–present).
Lyft, Inc. v. Quartz Auto Technologies LLC (N.D. Cal. 2021–present).
Representing patent owner Quartz Auto in pursuing infringement claims against and defending against a corresponding declaratory judgment action by Lyft for several software patents directed to location-based services, mobile computing, and related technologies. The cases are both ongoing.

Brownmed, Inc. v. Medline Industries, LP (N.D. Iowa 2020–present). Representing defendant Medline Industries against claims of patent infringement for a patent directed to a purported medical eye mask. The case is currently stayed pending the USPTO's resolution of an ex parte reexamination, which was instituted based upon a third-party request that we prepared and filed on Medline’s behalf.

Vertiv Corporation v. OptiCool Technologies LLC (W.D.N.Y. 2021–22). Represented patent owner Vertiv in asserting infringement of its patented technology relating to systems for cooling data center racks and similar electronics against a direct competitor. Settlement was reached.

Garcoa, Inc. v. Nature’s Beauty (NZ) Ltd. (C.D. Cal. 2020–21). Represented brand owner Nature’s Beauty in defending against claims of breach of contract, trademark infringement, cybersquatting, false designation of origin, and others. Settlement was reached.

Quartz Auto Technologies LLC v. Uber Technologies, Inc. (W.D. Tex. 2020–21). Represented patent owner Quartz Auto in pursuing infringement claims against Uber for several software patents directed to location-based services, connected vehicles, mobile computing, and related technologies. Settlement was reached.

United States Gypsum Co. v. National Gypsum Corp. (D. Del. 2017–19). Represented patent owner USG in pursuing claims of infringement against National Gypsum under numerous patents directed to gypsum wallboard manufacturing technology. Serving in the second-chair role, managed all discovery and pretrial matters and assisted with claim construction proceedings. Obtained favorable claim construction ruling. Prevailed in key discovery disputes involving manufacturing processes utilized at 17 plant locations. Case settled after completion of fact and expert discovery phases.

National Gypsum Corp. v. United States Gypsum Co. (PTAB 2017). Represented patent owner USG in defense of seven petitions and supporting expert declarations filed by National Gypsum in response to district court litigation. Prepared preliminary responses and expert declarations in response to each of the petitions. After considering the petitions, preliminary responses and expert declarations, the PTAB denied institution of trial in all proceedings.

Medline Industries, Inc. v. C.R. Bard, Inc. (N.D. Ill. 2018–20). Represented patent owner Medline in a series of cases pursuing claims of infringement against Bard under numerous patents directed to catheterization technology.

Industrial Print Technologies v. Hewlett-Packard Company et al. (N.D. Tex. 2015–20).
Industrial Print Technologies v. Canon, Inc. et al. (S.D.N.Y. 2014–16).
Represented patent owner enforcing a portfolio of patents directed to variable content digital printing presses. Served in the second-chair role, assisting with claim construction proceedings and managing all discovery and pretrial matters.

Matlin et al. v. Spin Master Corp. (N.D. Ill. 2018–19). Served as local counsel for defendant Spin Master against claims of breach of contract, fraud, and unjust enrichment. Has advised lead counsel on various aspects of the case, including in connection with successful motions to dismiss for lack of jurisdiction and for Rule 11 Sanctions against the plaintiff.

Lone Star Silicon Innovations LLC v. Micron Technology, Inc. et al. (N.D. Cal. 2016–19). Represented plaintiff in several patent infringement actions for multiple semiconductor process patents that relate to memory and other large-scale integrated semiconductor devices.

Travel Caddy, Inc. v. Uncle Dan’s, Ltd. (N.D. Ill. 2018–19). Represented patent owner Travel Caddy in its enforcement of a series of patents directed to anti-theft backpacks and handbags. The case was favorably settled in January 2019.

The Chamberlain Group, Inc. v. Techtronic Industries Co. (N.D. Ill. 2016–18). Served as local counsel for patent owner Chamberlain in its enforcement of a series of patents directed to various novel aspects of their garage door openers. Advised lead counsel on various aspects of the case, including in connection with a motion for preliminary injunction and other procedural issues. Also handled discovery disputes and defended several depositions in connection with the case. The case went to trial in August 2017 with a successful outcome for Chamberlain.

Vaxcel International Co., Ltd. and North Tech International Co., Ltd. v. HeathCo LLC, Lowe’s Companies, Inc., and Lowe’s Home Centers, LLC (N.D. Ill. 2015–16). Represented defendants HeathCo and Lowe’s in second-chair role in a patent infringement action regarding a patent that allegedly covered use of LED bulbs in dimmable light fixtures. Also represented Lowe’s in a related claim for breach of contract and other state law claims brought by North Tech. The case was settled after being partially stayed pending institution of an inter partes review, discussed below.

HeathCo LLC v. Vaxcel International Co. Ltd. (PTAB 2016). Prepared a petition and expert declaration challenging validity of the sole independent claim asserted against HeathCo in the corresponding district court action. PTAB issued an institution decision on the challenged claim, leading to the parties’ settlement shortly thereafter.

Google Inc. and Apple Inc. v. ContentGuard Holdings, Inc. (PTAB 2015–16). Assisted in preparing preliminary responses in 35 IPR and CBM proceedings filed against ContentGuard’s digital rights management patent portfolio. Five proceedings dismissed voluntarily. After submission of patent owner preliminary responses, obtained PTAB decisions denying institution of trial in all but one remaining proceeding.

Rain Bird Corporation v. Baseline, Inc. (C.D. Cal. 2014). Represented plaintiff Rain Bird in a patent infringement lawsuit related to irrigation controls. Settlement was reached.

Alexsam, Inc. v. Best Buy Co., Inc., et al. (E.D. Tex. 2010–13). Member of trial team in jury trial consolidating various defenses of invalidity asserted by seven major retailers against patents for activating stored-value cards at the point of sale. Obtained jury verdict affirming validity of the patents.

Outside the Box Innovations, LLC v. Travel Caddy, Inc. (Fed. Cir. 2012). Represented Travel Caddy in appeal from district court judgment of partial infringement, invalidity, and unenforceability of patents directed to tool-carrying bags. After assuming representation from another firm, our appellate trial team obtained reversal of both grounds of inequitable conduct, vacator of invalidity ruling, and affirmance of infringement ruling as to one product.

Alexsam, Inc. v. NetSpend Corp. (Travis County Dist. Ct., Tex. 2007–12). Represented plaintiff in a breach of license action involving stored-value cards. Reached successful jury verdict of $18 million in state court case involving breach of license agreement; prevailed in subsequent bench trial addressing a most-favored licensee defense, resulting in $24 million settlement.

Alexsam, Inc. v. IDT Corp. (E.D. Tex. 2007–11). Secured successful jury verdict representing plaintiff in a patent infringement action related to systems and methods for conducting transactions and managing accounts associated with stored-value cards. The jury verdict was named a Top 25 Texas Verdict and the seventh-largest IP verdict in Texas for 2011.

The Chamberlain Group, Inc. v. Overhead Door Corp. (N.D. Ill. 2011). Settlement was reached.

Software Restore Solutions, LLC v. Apple et al. (N.D. Ill. 2010–11). Represented plaintiff in patent infringement lawsuit related to software fault detection and repair technology that enables software applications to automatically diagnose and fix problems with their set-up configuration for more stable and reliable operation. Settlement was reached.

SmartSignal Corporation v. Xu Xiao (N.D. Ill. 2010). Represented plaintiff in a patent infringement, trade secret misappropriation, and breach of contract action for technology related to industrial equipment health conditioning and monitoring. Settlement was reached.

WMH Tool Group, Inc. v. Woodstock International, Inc. and Grizzly Industrial, Inc. (N.D. Ill. 2007). Represented plaintiff in a trade dress infringement action related to woodworking and metal working tools. Settlement was reached.

RPA International Pty Ltd. v. Compact International, Inc. et al. (S.D. Cal. 2006). Represented plaintiff patentee in successful patent infringement action in which a judgment of over $3 million and permanent injunction were entered.

Presentations

• “Complaints and Answers,” Chicago Women in IP’s IP Litigation Bootcamp, Chicago, Ill., November 10, 2022.
• “In-House Counsel Life Part 1: So You Think You Want To Go In-House?,” Moderator, Chicago Women in IP Webinar, November 2, 2022.
• “Virtual Fireside Chat with DE&I Strategist, Lizzy Diaz-Ortiz,” Moderator, Chicago Women in IP Webinar, April 29, 2021.
• “Using Persuasion Techniques to Achieve Litigation Success: Part Two,” Fitch Even Webinar, with Karl R. Fink and Timothy P. Maloney, April 22, 2021.
• “Using Persuasion Techniques to Achieve Litigation Success: Part One,” Fitch Even Webinar, with Karl R. Fink and Timothy P. Maloney, March 10, 2021.
• “Using Effective Communication to Achieve Litigation Success,” with Karl R. Fink and Timothy P. Maloney, American Intellectual Property Law Association Mid-Winter Institute (virtual), February 3, 2021.
• “Litigation Financing,” Moderator, Chicago Women in IP, December 10, 2019.
• “In-House Attorney Self-Promotion,” Moderator, Chicago Women in IP Webinar, November 6, 2019.
• “Understanding Women's Conflict in the Legal Workplace and the Bias That Built It,” Moderator, Fitch Even Webinar, June 13, 2019.
• “The Big Picture—Patent Litigation as Part of a Business Strategy,” Patent Litigation 2018: Advanced Techniques & Best Practices, Practising Law Institute, Chicago, Ill., October 18, 2018.
• “Is Your Data Safe? Cybersecurity and Protection of Trade Secrets Under the Defend Trade Secrets Act,” Federal Circuit Bar Association’s Intellectual Property Law Symposium, Chicago, Ill., March 15, 2017.
• “The Impact of IPRs and CBMs on Patent Litigation,” American Intellectual Property Law Association Mid-Winter Institute, Minneapolis, Minn., May 18, 2016.
• “Advertising and Promotions: Basic Legal Principles in Today's Fast-Paced Digital World,” Fitch Even Webinar, with Sherri N. Blount, January 23, 2014.

Publications

• “Working Up Your Patent Infringement Case: How Doing Your Homework Can Keep You One Step Ahead,” Landslide, American Bar Association, vol. 12, no. 5, May/June 2020.
• “Gambling on Patentable Subject Matter: The Intersection of Daily Fantasy Sports and Patent Litigation,” Landslide, American Bar Association, vol. 9, no. 2, Nov./Dec. 2016.
• "Mentors, Sponsors, and Dismissing the 'Mean Girl' Mentality: Finding Success as a Woman in IP," Law Practice Today, American Bar Association, March 2016.

• American Intellectual Property Law Association
• Chicago Women in IP
  • Cofounder
  • Board of Directors
    • Member
    • Chair (2019–21)
  • In-House Advisory Liaison
  • Member, Special Events Committee
• University of Michigan Club of Greater Chicago
  
  • Member, Board of Directors
  • Chair, Scholarship Committee

• March 24, 2023

  Fitch Even Partner Nikki Little Moderates In-House Counsel Life Webinar Series

• February 9, 2023

  Fitch Even Sponsors Chicago Women in IP Annual Dinner

• January 24, 2023

  Fitch Even Attorneys Named to Illinois Super Lawyers and Illinois Rising Stars Lists for 2023

• November 9, 2022

  Fitch Even Partner Nikki Little to Speak at IP Litigation Bootcamp

• September 12, 2022

  IP Alert | Federal Circuit Rejects Patentee's Attempt to Skirt Local Patent Rules in Duplicative Litigation

• June 7, 2022

  Fitch Even Partner Nikki Little to Speak at GirlCon