Douglas Nemec is head of Skadden’s Intellectual Property Litigation Group, concentrating his practice on litigating complex cases involving intellectual property and technology. Mr. Nemec has led cases in state and federal courts across the country, achieving positive results for clients in patent infringement, trade secrets, high stakes licensing disputes and more.
Mr. Nemec has demonstrated aptitude in helping judges and juries to understand technological matters involving a wide range of topics, including life sciences, computers, electronics, industrial chemicals and mechanical structures. Having assisted Skadden's corporate lawyers with IP aspects of business transactions for over twenty years, Mr. Nemec takes particular pride in his ability to approach case strategy with a keen understanding of the business impacts of litigation and the knowledge that "winning" means something different to each client in each case. A registered patent attorney, he also represents clients in matters before the U.S. Patent and Trademark Office, which has been integral to Skadden’s IP litigation practice. His bioengineering expertise has proven invaluable in advising clients in relation to patent infringement claims, enforcement of patent and general IP rights, and inter partes reviews related to the treatment of a variety of ailments and diseases.
Mr. Nemec is recognized in Intellectual Asset Management’s IAM Patent 1000 and has been repeatedly recognized by Chambers USA and The Best Lawyers in America, as well as Lawdragon as one of its 500 Leading Litigators in America. He has also been noted as a leader in IP by LMG Life Sciences and a BTI Client Service All Star by BTI Consulting Group. He was also listed as a finalist for Patent Litigator of the Year — New York in 2026 by Managing IP, which has repeatedly named him an IP Star and Patent Star.
- In a matter of first impression, Doug and Skadden won big
when the Federal Circuit ruled that the Central District of
California wrongly denied an anti-SLAPP motion filed on behalf
of semiconductor manufacturers Tower Semiconductor Ltd.,
Jazz Semiconductor, Tower U.S. Holdings Inc. and others (“the
defendants”) in a case alleging false inventorship of patents
and trade secret misappropriation. The defendants challenged
the lower court’s verdict, claiming intentional economic
interference, and the Federal Circuit determined it had
jurisdiction over the lower court and granted the defendants’
appeal. This Federal Circuit decision marks the first time the
appeals court addressed jurisdiction over appeals under
California's Strategic Lawsuits Against Public Participation
(SLAPP) statute, which aims to curb lawsuits attempting to
intimidate parties with economic burden. - Doug scored multiple victories on behalf of cybersecurity
company Fortinet Inc. (“Fortinet”) in its patent infringement
lawsuit against competitor Forescout Technologies Inc.
(“Forescout”) in the U.S. District Court for the Northern District
of California. Over the course of four years, he and the IP team
beat multiple rounds of patent eligibility challenges on the
pleadings, including leading the case through fact and expert
discovery as well as taking and defending the bulk of fact and
expert depositions. Following discovery, Forescout moved for
summary judgment on eight grounds, seeking complete
dismissal of the case. At the same time, Fortinet filed motions
challenging Forescout’s counterclaims, including a tortious
interference counterclaim and briefings on both motions were
argued in front of Judge Edward M. Chen in October 2024. The
Court dismissed Forescout’s tortious interference
counterclaim and allowed Fortinet to present the vast majority
of its damages claims to the jury. The case settled favorably
for Fortinet before trial in February 2025. - Doug was key to Skadden’s successful defense of Universal
Alloy Corporation (“UAC”) in a jury trial in Arconic Inc. et al. v.
Universal Alloy Corporation in Atlanta federal court. The lawsuit
alleges that UAC misappropriated trade secrets in the process
it uses to manufacture airplane parts for The Boeing Company,
allegedly to siphon a $200 million contract from plaintiff
Arconic. The case was pending for over eight years before trial
and was in front of multiple judges in multiple jurisdictions.
Skadden appeared in the case after the record was developed
and summary judgment motions were filed, and took the case
through trial victory. Skadden developed a strategy to prepare
for trial, including developing themes for trial based on the fact
record as it existed prior to Skadden's engagement. Doug and
Skadden also examined witnesses and argued key motions
during trial, present at counsel’s table every day until the
verdict came down in her client’s favor. Ultimately, the jury
agreed that Arconic did not meet its burden in proving that it
owned any trade secrets. This trial involved distilling complex
legal theories and highly technical facts into clear, compelling
narratives and witness examinations for juries. - Doug represented AI-driven biotech company Accutar
Biotechnology et al. (“Accutar”) in defense of an intellectual
property lawsuit filed in the U.S. District Court for the District of
Connecticut by Arvinas Operations, Inc., alleging trade secret
misappropriation, unfair competition and challenging the
inventorship and ownership of patents. Most recently, Skadden
led the case through an expedited document and forensic
discovery period, covering scores of devices and documents
dating back decades. Skadden completed forensic discovery —
a critical stage in any trade secret case — without facing any
motion from the plaintiff challenging the process or findings. - Doug is lead counsel to NRD GP LLC and Nebula Research and
Development LLC as plaintiffs in trade secret litigation filed in
the U.S. District Court for the Southern District of New York
against Centiva Capital, LP. The plaintiffs allege that Centiva
illegally obtained Nebula’s trade secrets from a former Nebula
employee in violation of the Defend Trade Secrets Act and
bring claims for tortious interference, unfair competition and
breach of contract under New York Common Law.
- J.D., University of Minnesota Law School
- B.S.E., Bioengineering, University of Pennsylvania
- Board of Directors, New York Intellectual Property Law Association
- Board of Directors, Volunteer Lawyers for the Arts
- New York
