Todd M. Nosher

Partner
Nosher Todd

Todd Nosher focuses his practice on intellectual property litigation and counseling. Todd litigates patent, trademark, and copyright matters throughout the United States—serving as counsel of record in more than 70 patent cases in the last 10 years alone.  He also maintains an active appellate practice, including numerous appeals before the United States Court of Appeals for the Federal Circuit. Todd counsels his clients on the growth and management of their intellectual property portfolios and handles a wide variety of transactional work, inclusive of sophisticated IP licensing, transfer, and collaboration and partnership agreements.  

 Todd handles matters in a wide range of industries and technologies, including consumer goods, media, entertainment, fashion, financial products and services, electronics, IOT, and computer hardware and software.

Prior to entering private practice, Todd served as an assistant district attorney in the Manhattan District Attorney's Office. During his appointment, Todd directed criminal investigations, presented matters to the grand jury for indictment, and was assigned to the Office’s trial division, frequently serving as lead prosecutor in jury and bench trials, evidentiary hearings, and certain appellate matters. Todd prosecuted both non-violent and violent crime, including narcotics and weapons offenses, criminal conspiracies, and financial crimes.

While at the University of Michigan, Todd focused his research on toxicology and environmental biochemistry, and was an instructor in the Department of Biology. Todd has co-authored multiple articles in peer-reviewed scientific journals. 

Todd also maintains an active pro bono practice, serving as counsel for the Veterans Consortium in appeals to the United States Court of Appeals for Veterans Claims.

Experience

Government Experience

  • Assistant District Attorney, Manhattan District Attorney's Office

Representative Matters

  • Defended an appeal before the U.S. Court of Appeals for the Federal Circuit following invalidation of all asserted claims of opponent's patent in an inter partes review proceeding at the United States Patent and Trademark Office (USPTO) Patent Trial Appeal Board (PTAB)
  • Obtained early summary judgment of noninfringement on behalf of an auto manufacturer in a patent action in the U.S. District Court for the Southern District of New York
  • Secured an inter partes review win before the USPTO PTAB by invalidating all challenged claims of opponent's wireless technology patent
  • Represented a major banking institution against a patent assertion entity in the U.S. District Court for the District of Delaware and invalidated all claims of three asserted patents on 35 U.S.C. § 101 grounds at the pleadings stage
  • Represented a well-known designer in collaboration with a major clothing label
  • Obtained a favorable jury verdict in the U.S. District Court for the District of New Jersey on behalf of an innovator pharmaceutical company in Hatch-Waxman litigation, where the jury found infringement and validity of a patent on an antiviral pro-drug compound
  • Frequently secures trademark and copyright registration for clients in the consumer product, toy, fashion, art, wellness and nutraceutical, and software industries
  • Represented innovative pharmaceutical companies in numerous Hatch-Waxman litigations in California, New Jersey, New York, and Delaware against generic drug manufacturers involving small-molecule compound patents, including blockbuster drugs with more than $1 billion in annual sales
  • Represented several national and international clients in copyright actions in U.S. District Court for the Western District of Kentucky
  • Represented innovative pharmaceutical companies against numerous international online retailers in patent and trademark actions in U.S. District Court for the District of Kansas, and succeeded in having all infringing products removed from the market
  • Represented a telecommunications provider in various patent litigations in Texas and California, and counseled the client regarding patent and trademark prosecution and protection
  • Represented a food packaging company in U.S. District Court for the Northern District of Illinois, enforcing a prior settlement agreement against a competitor, and initiating design patent and trade dress infringement and breach of contract claims against an alter ego entity
  • Represented a marine dredging company in a declaratory judgment action against a patent assertion entity in U.S. District Court for the District of New Jersey, and defeated that entity’s efforts to preliminarily enjoin a multi-million-dollar expansion project at a major shipping port in southern New Jersey

Insights

Credentials
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Education

  • J.D. Villanova University School of Law 2005
  • B.S. University of Michigan 1998

Bar Admissions

  • New York
  • New Jersey
  • District of Columbia

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of Texas

Professional Memberships and Activities

  • Member, American Bar Association
  • Member, New Jersey Intellectual Property Association
  • Member, New York Intellectual Property Association
  • Former instructor, University of Michigan, Department of Biology
  • Co-authored numerous articles in peer-reviewed scientific journals

Community
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Pro Bono

  • Todd maintains an active pro bono practice, serving as counsel for the Veterans Consortium in appeals to the United States Court of Appeals for Veterans Claims