Paulina Starostka - Intellectual Property - Nixon Peabody LLP

Paulina M. Starostka



Paulina focuses her practice on counseling clients through disputes involving patents, trademarks, copyrights, and trade secrets in federal courts and in Section 337 investigations before the United States International Trade Commission (USITC). She also advises clients on trade-related matters before the Court of International Trade and the USITC.

What do you focus on?

I dedicate my practice to representing both domestic and foreign companies, as well as solo inventors in IP litigation matters before the USITC, federal courts, and other venues. My practice involves resolving disputes across a broad range of industries and technologies, including LED lighting devices, mobile electronic devices and chipsets, software, consumer products and household appliances, chemical processes and methods of production, and medical and biotechnological devices.

My litigation experience spans all phases, including pre-suit fact investigations, discovery management, depositions, evidentiary motions practice, and pre-trial and trial activities. I have also represented a number of clients in Section 337 investigations. My experience litigating the issues that arise during these fast-paced proceedings allows me to anticipate what type of information will be needed, where my clients might run into problems, and what an effective strategy might be, especially with issues unique to Section 337 proceedings like domestic industry, public interest, and the types of remedies available.

My experience representing complainants and respondents in Section 337 investigations allows me to provide clients with constructive litigation counseling on both offensive and defensive litigation strategy.

What do you see on the horizon?

As we continue to innovate and develop new and exciting technologies for the future, effective intellectual property protection will play an important role in helping bring these new technologies to the marketplace. Just as the technologies evolve, however, the laws governing intellectual property rights and our approach to their enforcement and protection will also need to evolve to ensure adequate protection over our future innovations. Further, as globalization spreads these innovations worldwide, the USITC will continue to play a big role in helping protect U.S. intellectual property rights.

Representative Experience

  • Represent The Regents of the University of California in a groundbreaking patent enforcement campaign to protect its rights in a revolutionary new generation of light bulb technology known as filament LED that was invented by a Nobel laureate-led team at UC Santa Barbara. The campaign includes litigation before the U.S. International Trade Commission, the U.S. District Courts for the Central District of California and Eastern District of New York, and the Patent Trial and Appeal Board at the U.S. Patent and Trademark Office.
  • Represent Solas OLED Ltd., the leading owner and licensor of technology focused on the organic light-emitting diode (OLED) market, in a Section 337 investigation against respondents Samsung and BOE Technology Group relating to patent infringement of respondents’ OLED displays. The investigation was instituted in February 2021, and is ongoing. Certain Active Matrix OLED Display Devices and Components Thereof (ITC Inv. No. 337-TA-1243)
  • Represent Chemtron Biotech, Inc., which manufactures global rapid diagnostic tests, in a Section 337 investigation against complainant ARK Diagnostics, Inc., alleging patent infringement. The investigation was instituted in January 2021, and is ongoing. Certain Gabapentin Immunoassay Kits and Test Strips, Components Thereof, and Methods Therefor (ITC Inv. No. 337-TA-1239)
  • Represented Price Point NY, which sells vaping and smoking accessories, in a Section 337 investigation against Complainant Juul Labs, Inc., alleging patent infringement. The investigation settled favorably prior to hearing. Certain Vaporizer Cartridges and Components Thereof (ITC Inv. No. 337-TA-1211)
  • Represented Lifetime Brands, Inc., a leading global provider of kitchenware, tableware, and other products used in the home, in a Section 337 investigation against complainant L&L Candle Company, alleging patent infringement. The investigation settled favorably after a dispositive claim construction ruling. Certain Electronic Candle Products and Components Thereof (ITC Inv. No. 337-TA-1195)
  • Represented Ecopure Filter Co. Ltd., Ecolife Technologies, Inc. d/b/a Aquacrest, Ecolife Filter Co., Ltd., and HongKong Ecoaqua Co., Limited d/b/a Aquacrest in a patent-based investigation against Electrolux Home Products, Inc. and KX Technologies, LLC. The case settled favorably prior to the hearing. Certain Water Filters and Components Thereof (ITC Inv. No. 337-TA-1126)
  • Represented InMode MD, Ltd., Invasix, Inc. d/b/a InMode, and Invasix, Ltd. in a patent-based investigation against complainants Candela Corporation, Syneron Medical Ltd., and The General Hospital Corporation d/b/a Massachusetts General Hospital. The case settled favorably prior to the hearing. Certain Radio Frequency Micro-Needle Dermatological Treatment Devices and Components Thereof (ITC Inv. No. 337-TA-1112)

ITC Launches Fake Eyelash, Computer Gear , OLED Probes

Law360 | October 26, 2020

This roundup of recently announced investigations by the U.S. International Trade Commission covers the ITC’s announcement that it is looking into allegations that various organic light-emitting diode (OLED) imports were infringing patents held by Solas OLED. The story mentions Washington, D.C. partner Evan Langdon and Chicago associates Paulina Starostka and Vivian Sandoval, all of the Intellectual Property group, for representing Solas.

As AI Evolves, No Need for Overhaul of US Patent System... Yet

insideBIGDATA | September 14, 2020

Chicago Intellectual Property partner Dan Schwartz and associate Paulina Starostka contributed this article on whether the U.S. patent system needs an overhaul to keep up with the rapid rise in artificial intelligence-related patent activity.

UC System Asks ITC to Probe Home Depot, Others Over LEDs

Law360 | August 31, 2020

An NP team led by Los Angeles Intellectual Property partners Seth Levy and Shawn Hansen on Monday expanded its groundbreaking patent enforcement campaign on behalf of the Regents of the University of California (UC). The following articles cover the new complaint, filed with the U.S. International Trade Commission, which seeks an investigation into the unauthorized importation and sale after importation of UC’s patented filament LED lighting technology by General Electric, Savant Systems, Feit Electric, Home Depot, Ikea, and Satco Products.

In addition to Seth and Shawn, the NP team includes Washington, DC Intellectual Property partner Evan Langdon; Los Angeles Intellectual Property partners Staci Riordan, Vincent Yip and Peter Wied, and associate Vince Capati; Chicago Intellectual Property associates Paulina Starostka and Angelo Christopher; San Francisco Complex Commercial Disputes associate Tracy Ickes; and Los Angeles patent specialist Jason Moore.

'Edison' Bulb Battle Heats Up With University Targeting GE, Ikea

Bloomberg News | August 31, 2020

An NP team led by Los Angeles Intellectual Property partners Seth Levy and Shawn Hansen on Monday expanded its groundbreaking patent enforcement campaign on behalf of the Regents of the University of California (UC). The following articles cover the new complaint, filed with the U.S. International Trade Commission, which seeks an investigation into the unauthorized importation and sale after importation of UC’s patented filament LED lighting technology by General Electric, Savant Systems, Feit Electric, Home Depot, Ikea, and Satco Products. In addition to Seth and Shawn, the NP team includes Washington, DC Intellectual Property partner Evan Langdon; Los Angeles Intellectual Property partners Staci Riordan, Vincent Yip and Peter Wied, and associate Vince Capati; Chicago Intellectual Property associates Paulina Starostka and Angelo Christopher; San Francisco Complex Commercial Disputes associate Tracy Ickes; and Los Angeles patent specialist Jason Moore.

Contact

Paulina M. Starostka

Associate

Chicago

Phone: 312-977-4469


Fax: 833-994-0944

George Washington University Law School, J.D., with honors; Executive Editor, The American Intellectual Property Law Association Quarterly Journal

University of Michigan - Ann Arbor, B.S., Neuroscience

District of Columbia

U.S. Court of Appeals, Federal Circuit

U.S. Court of International Trade

Illinois

  • Managing Intellectual Property—Recognized as a “Rising Star” (2020)
  • Intellectual Property Law Association of Chicago
  • The Richard Linn American Inn of Court
  • ITC Trial Lawyers Association
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