Shane Nichols is a partner in Alston & Bird’s Intellectual Property Litigation Group and primarily represents his clients in high-risk patent infringement and trade secret litigation.
Licensed to practice in both Texas and Georgia, Mr. Nichols has represented clients in federal and state courts in the U.S., the U.S. International Trade Commission, as well as several international courts around the world. Mr. Nichols is registered to practice as a patent attorney before the U.S. Patent and Trademark Office.
Mr. Nichols is consistently recognized by third-party rating services for his skill in the area of intellectual property litigation. These include Chambers USA: America’s Leading Lawyers for Business, The Best Lawyers in America, Georgia Trend’s “Legal Elite,” andGeorgia Super Lawyers.
Mr. Nichols earned his undergraduate degree in electrical engineering and mathematics from Vanderbilt University and his law degree from Emory University. He teaches an annual Trial Techniques course to law students at Emory University. He is a past chairman of the State Bar of Georgia’s Intellectual Property Section.
Other Court Admissions
- The United States Supreme Court
- The United States Court of Appeals for the Federal Circuit
- The United States Court of Appeals for the Eleventh Circuit
- Northern and Middle Districts of Georgia
- Eastern and Southern Districts of Texas
- U.S. Patent and Trademark Office
- Beverage Dispensing Solutions, LLC v. The Coca-Cola Company, Civil Action No. 14-cv-00220, U.S. District Court for the Northern District of Georgia; lead counsel defending The Coca-Cola Company against allegations of infringement of seven U.S. patents directed to refrigerated beverage dispensers.
- ATOM Instrument Corporation, et al. v. Petroleum Analyzer Company, LP, U.S. District Court for the Southern District of Texas; lead counsel defending P.A.C. and Roper Technologies, Inc. against pending claims of trade secret misappropriation and patent infringement.
- Petroleum Analyzer Company, L.P. v. Franek Olstowski and Atom Instrument Corporation, Civil Action No. 2006-53995,269th District Court, Harris County, Texas; lead counsel for P.A.C.; successfully defeated $14.5 million trade secrets claim alleging that PAC was violating a state court order enjoining its use of certain excimer technologies to detect and measure trace amounts of sulfur in petroleum products.
- Automated Tracking Solutions, LLC v. ValidFill, LLC et al., U.S. District Court for the Eastern District of Virginia; lead counsel defending The Coca-Cola Company against allegations of infringement of four U.S. patents directed to tracking technologies.
- TradeCard v. S1 Corporation, Bank of America Corp., et al., U.S. District Court for the Northern District of Georgia; won total defense jury verdict in favor of client, S1 Corporation; demonstrated invalidity of asserted patent on the basis of a public use of similar technologies several years before. TradeCard v. S1 Corporation, et al., 509 F.Supp.2d 304 (2007).
- IMX, Inc. v. LendingTree, Inc., et al., U.S. District Court for the District of Delaware; second chair at jury trial defending LendingTree through jury verdict; successfully litigated patent marking issue to diminish plaintiff’s jury verdict by over 70%; resulted in the first district court holding (Judge S. Robinson) that compliance with the constructive notice provision of 35 U.S.C. § 287(a) requires a patentee to mark an Internet website that enables the download of patented software.IMX, Inc. v. LendingTree, LLC, 2005 U.S. Dist. LEXIS 33179 (D. Del. Dec. 14, 2005); motion for reconsideration denied, 2006 U.S. Dist. LEXIS 551 (D. Del. Jan. 10, 2006).