Nick Kuhlmann is a member of Patterson Thuente IP’s intellectual property litigation team. Nick combines a technical background with extensive experience in intellectual property and commercial matters, from patent and trademark prosecution to litigation and trial. Nick advances his clients’ interests with an eye for detail and a focus on concise, persuasive positions mainly in patent, trademark and trade secret matters. Nick also advises clients in the development of trademark portfolios and has prosecuted and obtained allowances of unique marks for his clients. Additionally, he has experience in handling trade dress, design patent and anti-counterfeiting matters.
As a registered patent attorney, Nick has previously drafted and prosecuted utility patents in the chemical, mechanical and medical device fields. Clients rely on Nick for his diversity of expertise and tenacity. Each case requires perspective as to what evidence to pursue and which arguments may prevail. While often negotiating settlements on favorable terms, he also takes cases to trial when necessary.
Nick says that crafting compelling legal strategies from complex facts lies at the heart of his practice. And helping clients achieve their goals is a tremendous source of satisfaction.
Prior to his legal career, Nick was an organic chemist at 3M where he focused on polymer and small molecule synthesis and characterization.
- Marquette University Law School, Milwaukee, Wisconsin
- J.D. – 2004
- Marquette IP Law Review, Editor
- University of St. Thomas
- B.A., Chemistry – 2000
- Honors: magna cum laude
- Minor: Mathematics
- Filed trademark infringement suit on behalf of client in federal court and successfully negotiated a settlement whereby a competitor adopted an alternative brand name
- Prepared arguments that led to court finding non-infringement of patent claims in favor of client
- Handled patent infringement claims against an international sporting organization
- Drafted, prosecuted and obtained allowance of patent applications for aerospace-related inventions, drafted appeals to the Patent Trial and Appeal Board
- Served as lead counsel on suit concerning scratch-resistant polymer coating for eyeglass lenses, including oral argument at dispositive motion hearing which led to the negotiation of a favorable settlement
- Represented patentee sued in declaratory judgment action and drafted brief opposing summary judgment of non-infringement that led to published decision and settlement
- Examined witnesses at jury trial and argued motions in limine, jury instructions and special verdict form before the court in a false advertising suit
- Conducted discovery and depositions in a trademark counterfeiting and RICO action in a case involving residential circuit breakers, resulting in partial summary judgment in favor of clients and negotiated settlements on behalf of individual and corporate clients
- Drafted jury instructions for trademark trial that resulted in a favorable defense verdict and assisted in drafting appellate brief, upon which the Court of Appeals for the Federal Circuit upheld the verdict
- Assisted in the preparation of complaint and discovery on behalf of affected vehicle owners in the Volkswagen “Clean Diesel” class action, a suit seeking compensation for emissions alleged to violate EPA standards, which led to a settlement favorable to vehicle owners
- Managed coverage positions for third-party bodily injury and property damage claims and negotiated cost share and indemnity allocations with co-insurers and coverage counsel for policyholders under various state laws
- Drafted summary judgment motion that was granted on insurance coverage issue and assisted with drafting appellate brief that the Court of Appeals for the Eighth Circuit granted, reinstating the trial court’s original decision following initial reversal
- Minnesota Intellectual Property Law Association, Board Member and Secretary
- Minnesota Chapter of the Federal Bar Association, Member
- U.S. Patent and Trademark Office
- Moderator of a panel at Mitchell Hamline School of Law involving both attorneys and PhDs practicing in the pharmaceutical and biotech fields. Panel discussed the U.S. Supreme Court’s Mayo and myriad decisions and how they have impacted clients seeking protection for medical diagnostic, pharmaceutical and vaccine inventions – April 2021.