Nikia Gray is a member of the firm’s Intellectual Property Group, handling all aspects of intellectual property litigation, including patent, trademark, and copyright infringement; trade secret misappropriation; domain name disputes; and unfair competition. Ms. Gray also has extensive expertise with administrative proceedings before the United States Patent and Trademark Office and a thriving trademark and patent prosecution practice. Her recent experience includes the following:
- Obtained a highly favorable settlement in a complex copyright and trademark dispute, involving issues of US and Mexican intellectual property law.
- Obtained a favorable claim construction ruling in a chemical patent infringement case, ultimately supporting a successful motion for summary judgment.
- Successfully represented both petitioners and patent owners in inter partes review proceedings before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office.
- Negotiated favorable consent agreements in cancellation proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office.
- Developed successful patent portfolio monetization strategies for practicing entities and research institutions.
- Litigated numerous patent, copyright, and trademark disputes, on behalf of both plaintiffs and accused infringers. Patent cases involved technology ranging from mechanical devices and business methods to semiconductor fabrication equipment and fat and oil chemistry.
- Drafted and prosecuted patent applications related to fiber optics, surgical devices, fluid valves, mission-critical systems, microphones, data storage devices, CO2 cartridges, eCommerce, data mining, encryption, and social networking.
- Drafted and prosecuted domestic and foreign trademark applications.
- Water Tec of Tucson, Inc., et al. v. Water Tec International, Inc. et al. (D. Ariz.) (consolidated trademark and copyright infringement dispute).
- Rewards Network Inc. v. Zavee, LLC (S.D. Fla.) (patent dispute involving the implementation of rewards programs).
- Surefire, LLC v. Cabela's Inc. (C.D. Cal.) (patent dispute related to illumination technology that included additional claims of trade dress infringement).
- International Flora Technologies, Inc. v. Desert Whale Jojoba Company, Inc., et al. (D. Ariz.) (patent dispute involving chemically processed jojoba oil products).
- Arizona Institute of Urology, PLLC v. Arizona Urology Institute, P.C. (D. Ariz.) (trademark infringement dispute).
- Prugen IP Holdings, Inc. v. Sawgrass Services, LLC (Trademark Trial and Appeals Board) (trademark cancellation matter).
- Nova Financial & Investment Corp. v. Nova Capital Management Ltd. (Trademark Trial and Appeals Board) (trademark cancellation matter).
- Intellectual Property Strategic Counseling
- Intellectual Property Litigation
- Patent Litigation
- Inter Partes Review Proceedings
- Financial Institutions Litigation
- Trade Secrets
- Trade Secrets and Unfair Competition
Education and Honors
- University of Arizona–James E. Rogers College of Law (J.D., 2007)
- University of Pennsylvania (B.A., 2001)
- Major: Physics
- District of Columbia
- U.S. Court of Appeals, Federal Circuit, 2016
- U.S. Court of Appeals, 9th Circuit, 2013
- U.S. District Court, District of Arizona, 2007
- U.S. Patent and Trademark Office, 2005
Professional and Civic Activities
- Bar of the District of Columbia (Member)
- State Bar of Virginia (Member)
- State Bar of Arizona (Member)
- Animal Law Section of the Arizona State Bar (Past Chair)
- American Intellectual Property Law Association (Member)
- Animal Legal Defense Fund (Volunteer)
- Arizona Greyhound Rescue (Advisory Board Member)
- Selected for inclusion in Southwest Super Lawyers® – Rising Stars (2014–2017: Intellectual Property)
- Named a 2012 Up & Comer by Inside Tucson Business
- Selected as a 40 Under 40 honoree by Tucson Hispanic Chamber of Commerce (2012)