Todd Nosher is the co-chair of the firm’s Intellectual Property department, where he 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 nearly 100 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 also represents clients in complex corporate litigation in both federal and state court.
Todd handles matters in a broad range of industries and technologies, including consumer goods, media, entertainment, fashion, financial products and services, electronics, IOT, and computer hardware and software.
Before joining Calhoun Bhella & Sechrest, Todd was a partner at Venable LLP where he was one of the early members of that firm’s New York IP practice—a practice he helped grow into one of the largest in the country. 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.
Assistant District Attorney, Manhattan District Attorney’s Office
Led all briefing in successful opposition to Petition for Writ of Certiorari before the United States Supreme Court following Federal Circuit win where the Supreme Court requested an opposition filing from respondent client.
Defended an appeal before the U.S. Court of Appeals for the Federal Circuit whereby the appellate court affirmed summary judgment of non-infringement on behalf of an auto manufacturer in a patent action in the U.S. District Court for the Southern District of New York.
Obtained favorable and precedential opinion from the U.S. Court of Appeals for the Federal Circuit affirming 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.
J.D. Villanova University School of Law
B.S. University of Michigan
District of Columbia
U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Colorado
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