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Tallon, Nina
Direct Tel: +1 202 538 8289, Direct Fax: +1 202 538 8100
Washington, D.C.
Tel: +1 202 538 8000 Fax: +1 202 538 8100

Nina Tallon's practice focuses on patent litigation. She has represented clients in jury and bench trials in state courts, federal courts, and Section 337 matters before the U.S. International Trade Commission (ITC). Notably, Nina has never lost a case before the ITC, and played a critical role in helping her prior firm reach its streak of more than 25 successful outcomes in Section 337 matters. 

Nina has tried over ten high-stakes cases to verdict or decision and has argued dozens of summary judgment, claim construction (Markman), and other pretrial hearings in courts throughout the country.  IAM Patent 1000: The World's Leading Patent Practitioners describes Nina as follows:  “[H]ighly organised and has great courtroom presence. She is brilliant at handling witnesses.”

Nina also has extensive experience advising clients on comprehensive global litigation strategies, both offensive and defensive—including multi-jurisdictional U.S. litigation, litigation in foreign jurisdictions, U.S. Patent & Trademark Office proceedings, and intellectual property antitrust issues. 

Nina has handled cases involving a wide range of technologies, such as mobile devices and associated software, computer security, microprocessors, digital cameras, flash memory devices, GPS, cellular and wireless communications (including standards), acoustics, diagnostic assays, enterprise management computer software, and municipal drinking water disinfection.

 

  • Lead counsel for defendant, a leading computer, mobile device and media player company, in a patent infringement action filed in the Northern District of California involving two patents relating to speaker design (Case No. 3:13-CV-01161-JSW) and in related inter partes review proceedings. In February 2017, the Federal Circuit ruled in her client’s favor on all issues arising out of the inter partes review (Case No. 15-2038), and in March 2018, the district court granted summary judgment of non-infringement on two independent grounds. The Federal Circuit affirmed the district court’s summary judgment decision in September 2019.
  • Co-lead counsel for respondent/defendant—at leading computer, mobile device and media player company— in co-pending ITC, federal district court, foreign patent infringement proceedings, and IPRs. Co-chaired three trials in June 2018, September 2018, and March 2019. (ITC Inv. Nos. 337-TA-1065, 337-TA-1093, Civil Action Nos. 3:17-CV-1375-DMS-MDD, 3:17-CV-02398-DMS-MDD, others.)
  • Counsel for defendant, the leading US processor company, in a patent infringement action filed in the District of Arizona involving four patents (Case No. 2:16-cv-02026-DGC). Following a favorable Markman ruling, the plaintiff stipulated to non-infringement.
  • Co-lead counsel for respondents, four leading US processor and computer companies, in a Section 337 investigation involving one patent before the International Trade Commission (ITC Inv. No. 337-TA-1024). Achieved a significant victory when the Administrative Law Judge found non-infringement of all asserted claims on summary determination.
  • Co-lead counsel for respondent, the leading computer, mobile device and media player company, in two Section 337 investigation involving eight patents before the International Trade Commission (ITC Inv. Nos. 337-TA-1038,-1039). The cases resolved with a favorable settlement.
  • Represented respondent, a leading computer, mobile device and media player company, in a Section 337 investigation involving eight patents before the International Trade Commission (ITC Inv. No. 337-TA-953). The parties settled before any determination.
  • Co-chaired the defense of a leading computer security company in a patent infringement action in the Northern District of California involving one patent related to assessing computer system security, resulting in a jury verdict of both invalidity and noninfringement in July 2015 (Civil Action No. 3:13-cv-04545-VC). In March 2017, the Federal Circuit affirmed the verdict on appeal (Case No. 16-1562).
  • Represented respondent, an international lithography company, in a Section 337 investigation involving three patents before the International Trade Commission (ITC Inv. No. 337-TA-983). The case resolved with a favorable settlement.
  • Represented defendant, a leading US automobile manufacturer, in a patent infringement action in the Western District of Washington involving nine patents related to collision avoidance and multiprocessor systems, resulting in a favorable jury verdict in March 2015 (Civil Action No. 3:11-cv-05503-BHS).
  • Represented defendant, a leading financial institution, in a patent infringement action filed in the Western District of North Carolina involving five patents related to business methods (Civil Action No. 3:13-cv-00358-RJC-DSC) and in related Covered Business Method Review proceedings. The case was dismissed following successful Covered Business Method Review proceedings.
  • Represented respondents, leading US processor and computer companies, in a Section 337 investigation involving six patents before the International Trade Commission; resulted in favorable Initial and Commission Determinations of no violation, which were affirmed by the Federal Circuit (ITC Inv. No. 337-TA-781).
  • Represented defendant, a leading US processor company, in a patent infringement action filed in the Eastern District of Texas involving six patents relating to Wi-Fi; settled favorably following the court’s Markman ruling (Civil Action No. 2:11-cv-179-MHS-CMC).
  • Represented respondent, a leading computer, mobile device and media player company, in a Section 337 investigation involving five patents before the International Trade Commission; resulted in Initial Determination of no violation, Commission Determination of no violation as to three patents, and Presidential veto of Commission’s determination of violation as to the remaining patent (ITC Inv. No. 337-TA-794).
  • Represented respondent, a leading computer, mobile device and media player company, in Section 337 investigations involving 14 patents before the International Trade Commission; resulted in a determination of no violation and subsequent settlement (ITC Inv. Nos. 337-TA-701, 337-TA-771).
  • Represented complainant in a Section 337 investigation concerning digital camera technology before the International Trade Commission; resulted in a determination of infringement and validity of the asserted patents and subsequent favorable settlement (ITC Inv. No. 337-TA-663).
  • Represented complainant, a leading global positioning system (GPS) and assisted GPS (A-GPS) semiconductor products and software company, in a Section 337 investigation before the International Trade Commission; resulted in a Final Determination of violation based on infringement and validity of all six asserted patents (ITC Inv. No. 337-TA-602).
  • Represented flash memory manufacturer accused of infringing patents in two successive Section 337 investigations before the International Trade Commission, each resulting in a Final Determination of no violation (ITC Inv. Nos. 337-TA-526, 337-TA-560).
  • Georgetown University Law Center 
    (J.D., 2001)
  • Princeton University
    (A.B., 1998)
  • The District of Columbia Bar
  • The State Bar of Massachusetts
  • United States Court of Appeals:
    • Federal Circuit 
  • Nina Tallon Law PLLC:
    • Managing Partner, 2019-2021
  • Wilmer Cutler Pickering Hale and Dorr LLP:
    • Partner, 2001-2019
  • Named a 2013–2019 leading practitioner in patent law (International Trade Commission; Litigation) by IAM Patent 1000: The World's Leading Patent Practitioners (United States – National – International Trade Commission; DC Metro – Litigation).
  • Named a 2016 Intellectual Property Rising Star by Law360.
  • Fellow of the American Bar Foundation.
  • 2018 Intellectual Property Owners Association (IPO) Spring Summit panel, “Outside Counsel Session: Best Practices for Managing Relationships with Corporate Clients”
  • 2012 ChIPs Inaugural Women in IP National Summit panel, “Exploring Changing IP Landscapes at U.S. Executive Agencies”
  • Member of the International Trade Commission Trial Lawyers Association (ITCTLA).
  • Served as an Adjunct Associate Professor of Law at American University Washington College of Law; taught Patent Litigation.