Taylor English offers a new way of thinking about how to structure a law firm that is attractive to talented and experienced attorneys and, most importantly, is aligned with the client’s interests. The firm’s unique platform enables me to handle complex intellectual property matters, which I enjoy, at a tremendous value to my clients.
Coby Nixon works with companies and individuals to avoid, resolve and win disputes over intellectual property rights, such as rights in technology, branding and artistic works, so that his clients can focus on their core businesses. His practice encompasses all areas of intellectual property litigation and counseling, with particular emphasis on patent infringement litigation. Mr. Nixon’s patent litigation experience includes cases in federal district courts throughout the country, including Georgia, Texas, California, Delaware, Virginia and Wisconsin; appeals to the Patent Trial and Appeal Board and the U.S. Court of Appeals for the Federal Circuit; and trials before the International Trade Commission. Mr. Nixon is registered to practice before the U.S. Patent and Trademark Office and, in addition to his litigation practice, is experienced in the preparation and prosecution of patent applications.
Mr. Nixon has handled matters for a broad spectrum of clients, ranging from multinational Fortune 500 companies to local start-ups, in diverse fields of technology, including check scanning and processing systems, utility monitoring systems, wireless communications, microprocessor packaging, Internet search engines, touch screens for mobile devices, integrated circuits, computer software, electronic medical record systems, human antibody profiling processes, zero-turning-radius lawnmowers, and metal forming and manufacturing processes.
Before practicing law, Mr. Nixon worked as a computer programmer and process analyst with Accenture, where he designed and maintained customer billing systems for several large public utilities. Mr. Nixon started his legal career at Smith, Gambrell & Russell LLP, where he gained significant experience in patent prosecution, trademark protection and enforcement, and IP licensing. Prior to joining Taylor English, Mr. Nixon practiced at Alston & Bird LLP, where he represented clients in a wide range of patent disputes against competitors and nonpracticing entities.
Federal Bar Association, Intellectual Property Section, Treasurer, 2017-present, Secretary, 2016-present, Member, 2015-present; Patent Litigation Committee, Chair, 2016, Member, 2015-present
State Bar of Georgia, Intellectual Property Section, Member, 2003-present; Patent Committee, Member, 2013-present
Atlanta Bar Association, Intellectual Property Section, Member, 2007-present
Atlanta Volunteer Lawyers Foundation, Volunteer Lawyer for the Domestic Violence Program, the Saturday Lawyer Program, and the Standing With Our Neighbors Program, 2012-present
Atlanta BeltLine Partnership, Volunteer, 2010-present; Member of Speakers Bureau, 2013-present, Member of Junior Board of Directors (“AB67”), 2017-present
Atlanta Pro Bono Roundtable, Taylor English Representative, 2015-present
- Successful defense of Comverge, Inc. in patent infringement action relating to energy usage management
Nxegen, LLC and Nxegen Holdings, Inc. v. Comverge, Inc.
At the client’s request, we took over the defense of a large and hotly-contested patent infringement case brought by Nxegen LLC and Nxegen Holdings Inc. The patents involved systems and methods for remotely monitoring and adjusting energy usage. Facing a tight discovery schedule, we managed to produce, review and analyze a voluminous number of documents, take and defend approximately 30 depositions in a one-month period, amend the complaint to allege ...
ModTruss, Inc. v. BattleFrog, LLC
Taylor English handled the successful defense of a motion for a temporary restraining order and preliminary injunction brought against our client, BattleFrog, LLC, a company that organizes and stages obstacle-course races that are televised on ESPN. The stakes in this case were very high, as plaintiff Modtruss, Inc., sought to prevent the airing of a recent BattleFrog race on ESPN and to enjoin our client from putting on additional races based on claims of alleged ...
Adair v. Boat Dock Innovations, LLC, et. al.
Led the defense against an inventor/patentee in a case involving claims of infringement of a patent related to a boat dock ladder. Successfully petitioned the USPTO to reexamine the asserted patents—resulting in cancellation of all claims of one patent and significant narrowing amendments to the remaining patent’s claims. After a favorable claim construction ruling from the Special Master, the case was dismissed with prejudice, with no payments from the ...
- Led defense of patent infringement suit brought by patent troll relating to check scanning and processing
Lyssa Networks, LLC v. VeriCheck, Inc.
Represented VeriCheck, Inc., a leading ACH payment processor, in E.D. Texas litigation against a patent troll. As part of our defensive strategy, we prepared and filed a petition with the USPTO for Covered Business Method review and argued that the asserted patent claims were invalid under Section 101 for being directed to patent ineligible subject matter. The parties reached a confidential settlement shortly after the CBM petition was filed. Lyssa Networks, LLC ...
Tie Down, Inc. v. Rooftop Anchor, Inc.
Initiated lawsuit for Tie Down, Inc. to seek a declaratory judgment of non-infringement for a competitor's design patent relating to a roofing safety product. The case resulted in a favorable settlement for the client. Tie Down, Inc. v. Rooftop Anchor, Inc. (N.D. Ga.)
Obtained rulings from the USPTO’s Patent Trial and Appeal Board finding all challenged claims invalid in reexamination proceedings involving patents of a client’s competitor in the field of mechanical pipe couplings. Rulings resulted in a favorable settlement for the client.
- Represented expanded metal manufacturer in declaratory judgement suit involving a competitor's patent
Expanded Technologies, Inc. v. Wallner Tooling/Expac, Inc
Represented Expanded Technologies, a leading manufacturer of expanded metals for the HVAC filter industry, in a suit for declaratory judgments of non-infringement, invalidity and unenforceability of patent held by competitor. The litigation resulted in a favorable confidential settlement. Expanded Technologies, Inc. v. Wallner Tooling/Expac, Inc. (N.D. Ga.)
Joao Control & Monitoring Systems v. Comverge, Inc.
Handled the defense of a case for Comverge, Inc. in which the plaintiff, a non-practicing entity, claimed that Comverge infringed certain claims of a patent related to premises-monitoring technology. Successfully obtained a stay pending Inter Partes Reviews. The case was ultimately dismissed with prejudice, with no recovery from our client. Joao Control & Monitoring Systems v. Comverge, Inc. (N.D. Ga.)
American Process, Inc. et al. v. GranBio Investimentos S.A. et al.
Brought suit on behalf of clients that develop and license technologies for creating second-generation biofuels, such as cellulosic ethanol, against related Brazilian companies for, e.g., trade secret misappropriation under the federal Defend Trade Secrets Act and breach of an engineering services agreement with our clients. American Process, Inc. et al. v. GranBio Investimentos S.A. et al. (N.D. Ga.)
Cooper Lighting, LLC v. Cordelia Lighting, Inc.
Representing Cordelia Lighting, a provider of lighting fixtures and accessories, in defense of a patent infringement action brought by a competitor involving multiple patents relating to recessed, LED lights, and helped to win a dismissal of plaintiff's claims for willful infringement. Cooper Lighting, LLC v. Cordelia Lighting, Inc. (N.D. Ga.)
Activelight, Inc. v. Allure Global, et al.
Handled the defense of Allure Global in a case brought by a non-practicing entity, Activelight, Inc., involving allegations of infringement of patents related to digital signage. The parties reached a confidential settlement. Activelight, Inc. v. Allure Global, et al. (N.D. Ga.)
Endeavor MeshTech, LLC v. Mueller Water Products
Led defense of Mueller Water Products, Inc. in a case brought by a non-practicing entity, Endeavor MeshTech, for infringement of a patent related to premises-monitoring technology. The client reached a favorable confidential settlement with the plaintiff and the case has been dismissed. Endeavor MeshTech, LLC v. Mueller Water Products (D. Delaware)
- Counsel to distillery and bottle designer in defense of action alleging breach of contract and design patent infringement
Gillespie v. Prestige Royal Liquors, et. al.
Led defense of Fusion Glassworks, a custom glass designer, and Private Label Distillery, a provider of distillery services, in litigation brought in California involving alleged design patent infringement. Successfully obtained early dismissal for our clients. Gillespie v. Prestige Royal Liquors, et. al. (N.D. California)
Defended Amazon seller and individual defendants in Georgia action involving complaints made to Amazon about competitor's conduct. After successfully obtaining a dismissal of multiple defendants in the Georgia case, our firm filed an offensive action for trademark infringement and counterfeiting in New York. The parties reached a confidential settlement shortly after the New York case was filed.
- Defense of international consumer product manufacturer in suit alleging patent and trade dress infringement
Led defense of Georgia-based company in patent and trade dress litigation involving a consumer product. After initial aggressive discovery and a mediation, we achieved a favorable settlement for the client.
Music City Metals v. Cai, et al.
Representing certain defendants in trademark and copyright case brought against numerous sellers of replacement grill parts on Amazon and eBay. Obtained favorable modifications to a temporary restraining order and currently defending against a motion for preliminary injunction. Music City Metals v. Cai, et al. (M.D. Tennessee)
Keystone Global LLC v. eBay, Inc. et al.
Obtained favorable settlement for HiPacking, Inc., a fulfillment center for products sold on eBay, in patent infringement case brought by license plate bumper manufacturer. Keystone Global LLC v. eBay, Inc. et al. (E.D. New York)
Represented an individual accused of misappropriating trade secrets and confidential information from a former employer. Engaged in extended negotiations with the plaintiff's counsel and ultimately reached a favorable settlement for our client.
- Successful defense of various distributors in patent infringement actions relating to pipe couplings
Successfully transferred, deferred, or achieved dismissal of numerous patent infringement suits brought against a client’s distributors in favor of declaratory judgment suit filed by the client, the product manufacturer.
Represented several outdoor advertising companies in actions brought by a patent troll, T-Rex Property AB, for infringement of patents related to digital advertising technology. The parties reached a confidential settlement.
- Represented Mueller Water Products in declaratory judgment actions involving patents and alleged trade secrets
Mueller Systems, LLC et al v. Teti et al.
Represented Mueller Water Products, Inc. in suits for declaratory judgments of non-infringement, invalidity and unenforceability of patent held by defendant, non-misappropriation of the defendants’ alleged trade secrets, and validity, inventorship, and ownership of client’s patent. Mueller Systems, LLC et al v. Teti et al. (E.D. Virginia and D. Massachussetts)
Sprinturf, LLC v. UBU Sports, Inc. and Maumee Bay Landscape Contractors, LLC
Served as counsel to UBU Sports and Maumee Bay Turf Center, premier providers of synthetic turf systems for use in a variety of sporting events, in patent dispute brought by a competitor. Sprinturf, LLC v. UBU Sports and Maumee Bay (N.D. Ga.)
Mission Pharmacal Co. v. Virtus Pharma., LLC
Led the defense of generic pharmaceutical company in a case involving allegations of false advertising and infringement of a patent related to prenatal vitamins and iron supplements. The parties reached a confidential settlement right before trial. Mission Pharmacal Co. v. Virtus Pharma., LLC (W.D. Texas)
Represented a global leader in mobile communications in a wide-ranging patent dispute against a competitor over patents relating to computer software, wireless communications, and touchscreen technology. The litigation resulted in a favorable settlement and license agreement.
Defended nation’s leading provider of health care services in patent infringement litigation concerning electronic medical records systems. The case was ultimately dismissed with prejudice, with no payments from the client.
Represented one of the world’s largest mobile communications companies in a successful defense at trial in an International Trade Commission investigation involving RF circuitry and baseband software in mobile phones.
Managed the prosecution of U.S. and foreign patent applications in a large patent portfolio relating to identifying humans using antibody profiling processes.
Led defense of New Hampshire-based company in patent and trade dress litigation involving drop prevention products. Assisted prosecution counsel with successful petition for Inter Partes Review at USPTO and successfully deferred related litigation, resulting in a favorable settlement for the client.
- April 27, 2018
- "Careers in Patent Law," The IP Law Section of the Federal Bar Association and the UGA IP Law SocietyMarch 27, 2017
- "The Impact of Recent Supreme Court, Federal Circuit, and PTAB Decisions and Patent Law Reform Efforts on Patent Litigators, In-House General and Patent Counsel and the Judiciary," Federal Bar Association 2016 Annual Meeting and ConventionSeptember 15, 2016
- "Recent Developments in Patent Law," Intellectual Property Law Society, University of Georgia School of LawNovember 18, 2015
- "Intellectual Property – Patents, Trademarks, Copyrights and Trade Secrets, Oh My!" Recipes for Restaurant SuccessRecipes for Restaurant Success Hospitality SeriesNovember 18, 2014
- "Alternative Dispute Resolution in Intellectual Property Cases," State Bar of Georgia Intellectual Property Section, Litigation Committee EventJune 27, 2014
- April 11, 2014
- Not So Fast: Questions of Fact May Preclude Early Patent-Eligibility Determinations Under Section 101June 2018Federal Bar Association’s Intellectual Property Section
- August 8, 2017
- May 25, 2017
- "What is the Proper Standard for Enhancing Patent Damages Under Section 284 of the Patent Act?" ABA PreviewFebruary 22, 2016
- September 3, 2015
- June 10, 2014
- "Producing a Blockbuster IP Litigation Hit, Act 2: Efficiently Engaging the Adversary," InsideCounselMay 31, 2014
- May 6, 2014
- "Producing a Blockbuster IP Litigation Hit with Small-Budget Funding: Assembling the Cast," Inside CounselApril 15, 2014
The University of Georgia School of Law, JD, magna cum laude, 2003
Mercer University, BSE, Biomedical Engineering, 1998
U.S. Patent and Trademark Office
Courts & Adjudicative Bodies
Court of Appeals of Georgia
Supreme Court of Georgia
U.S. District Court for the Northern District of Georgia
U.S. District Court for the Middle District of Georgia
U.S. Court of Appeals for the Federal Circuit
Georgia Super Lawyers, Rising Stars, 2009, 2011-2012