Nimalka Wickramasekera

Representative Intellectual Property Matters

• NuVasive, Inc. v. Alphatec Holdings, Inc. – Represented Alphatec in three significant wins against competitor NuVasive:
  • Lead counsel for Alphatec Holdings in patent infringement dispute brought by NuVasive, Inc. relating to spinal surgical implants and access tools patents, in which Winston defeated preliminary injunction and later scored a substantial reduction in damages for Alphatec—from over US$30M in total potential damages to a mere US$1.14M. (S.D. Cal.)
  • Defended Alphatec Spine as co-lead counsel against claims that it tortiously interfered with NuVasive’s fixed-term exclusive distributorship agreements; following the 6-week trial, won a very favorable jury verdict against plaintiff’s claims. (California Superior Court, San Diego County)
  • As lead counsel, obtained a complete defense judgment for Alphatec Holdings and an executive, following a week-long bench trial of a divisive competitor dispute. (Delaware Chancery Court)
• Evolve Biosystems, Inc., et al. v. Abbott Laboratories (N.D. Ill.) – Earned Am Law “Litigator of the Week” “Shout Out” for summary judgement win helping Abbott Laboratories fend off patent, unfair competition, and false advertising claims brought by Evolve Biosystems and the University of California Regents.
• Grecia v. T-Mobile USA, Inc. (S.D.N.Y.) – Counsel for T-Mobile in a patent infringement dispute brought by William Grecia relating to digital rights management technology. The case was voluntarily dismissed after Winston filed a motion to dismiss.
• Mentone Solutions LLC v. T-Mobile USA, Inc. (E.D. Tex.) – Counsel for T-Mobile in a patent infringement dispute brought by Mentone Solutions relating to packet data transmissions. Winston obtained a favorable settlement after filing a motion to dismiss.
• DRM Vectors, LLC v. Microsoft Corporation (D. Del.) – Counsel for Microsoft in a patent infringement dispute brought by DRM Vectors relating to digital rights management technology.
• Orexo AB et al v. Actavis Elizabeth LLC et al. (D. Del.) – Represented Actavis Elizabeth and Teva Pharmaceuticals in patent infringement suit brought by Orexo relating to two opioid addiction treatment drugs. Winston achieved a jury trial victory, clearing Teva of the US$41 million sought in damages. The verdict earned Nimalka and her team a runner up recognition for AmLaw’s Litigators of the Week, and media coverage in Law360 and Bloomberg News, among other outlets.
• Eli Lilly and Co. v. Actavis Laboratories UT, Inc. et al. (E.D. Va.) – Represented Teva and Watson in an ANDA case against Eli Lilly concerning the drug tadalafil (Cialis®). Obtained a favorable settlement a week before trial.
• Supernus Pharmaceuticals Inc. v. Actavis, Inc. et al. (D.N.J.) – Represented Actavis and Watson in an ANDA case against Supernus concerning the drug topiramate (Trokendi XR®). Obtained a favorable settlement weeks before trial.
• Medtronic v. NuVasive (S.D. Cal.) – Second chair trial counsel for Warsaw Orthopedic, Inc., (a Medtronic entity) in the first phase of a patent infringement dispute with NuVasive, Inc. The jury found that NuVasive’s spinal technology infringed all three of Warsaw’s asserted patents and awarded US$101.2 million to Warsaw. The verdict received extensive media coverage, including Los Angeles Daily Journal, AmLaw Litigation Daily, Law360, and Bloomberg News, among other outlets.
• Medtronic v. NuVasive (PTAB) – Argued on behalf of patent owner (Warsaw Orthopedic, Inc., a Medtronic entity) an inter partes review proceeding regarding a patent involving methods of performing spinal fusion surgeries. The PTAB issued a final decision in favor of patent owner, confirming over half of the claims under review.
• Realtime Adaptive Streaming LLC v. Cisco Systems, Inc. (E.D. Tex.) – Currently represented Cisco in a patent case involving System and methods for video and audio data distribution.
• In the Matter of Certain Network Devices, Related Software and Components Thereof (International Trade Commission) – ITC trial team member in a dispute filed by Cisco Systems, Inc., against Arista Networks, Inc., involving claims of infringement on numerous patents. Argued on behalf of Cisco at Markman and other hearings, and examined experts during the Hearings in both Investigations.
• CES Group, LLC v. Energy Labs, Inc. et al. (N.D. Cal.) – Successfully represented Energy Labs in a six-patent-case filed by Nortek Air Solutions involving custom air handling units. The jury found that Energy Labs’ Optiline Fan Array and custom air-handling units do not infringe any of Nortek’s patents, and that the majority of the asserted Nortek patent claims are invalid. The verdict received extensive media coverage, including AmLaw Litigation Daily and Law360, among other outlets. Nimalka examined Energy Labs’ damages expert at the jury trial. Nortek was seeking $5.1 million along with the injunction. According to AmLaw Litigation Daily, “Though rendered unnecessary by its infringement verdict, the jury went on to specify damages: Zero.”
• ViaSat, Inc. Via Sat Communications., fka WildBlue Communications, Inc. v. Space Systems/Loral, Inc. (S.D. Cal.) – Represented Boeing in a high-stakes patent infringement case seeking disclosure of Boeing’s trade secrets and propriety information relating to satellite technology. In a lengthy written opinion, the Federal Magistrate Judge presiding over the matter praised Nimalka’s arguments and granted the relief sought by Boeing in its entirety.
• DePuy Orthopedics Inc. vs. Los Angeles Orthopaedic Hospital (N.D. Ind.) – Represented as co-lead counsel Los Angeles Orthopaedic Hospital (LAOH) in connection with a multi-million-dollar patent licensing dispute.

Representative Commercial Litigation Matters

• Frey, George vs. Sofamor Danek USA (D. Col.) – Co-lead trial counsel to Medtronic in a breach of contract action brought by Dr. Frey, a Colorado surgeon, against Sofamor Danek Holdings, Inc. and Medtronic Sofamor Danek USA, Inc. The matter settled favorably for Medtronic.
• HiTherm, LLC and Aniqu Sufi v. Steven G. Keener, et al. (Los Angeles County Superior Court) – Represented a Boeing employee in connection with an action for misappropriation of trade secrets and breach of contract related to a chemical coating used to maintain aircraft exteriors.