Nimalka Wickramasekera

Nimalka Wickramasekera was a research biologist at prominent pharmaceutical companies, including Abbott Laboratories and Eli Lilly for four years before making a major shift.

"Transitioning into law school, I aimed to leverage this rich experience by focusing on IP," she said. "Over the past 18 years, I've delved into IP litigation, particularly thriving in head-to-head competitor cases and trials. The intricate nature of these cases, combined with my passion for jury trial work, has continually fueled my growth in this dynamic field."

Some of her work also includes Patent Trial and Appeal Board proceedings.

Recently, she was the lead attorney on two notable cases: NuVasive, Inc. v. Alphatec Spine, Inc. and NuVasive, Inc. v. Patrick Miles & Alphatec Holdings, Inc.

These cases, which took place in California Superior Court and Delaware Chancery Court, respectively, were central to a protracted, multifaceted dispute between leading competitors in the spinal medical device industry. The trials, conducted just a month apart, revolved around serious allegations of breach of fiduciary duty and unfair competition.

"The main witnesses in these trials included the CEO and the general counsel, both of whom were on the stand for multiple days," Wickramasekera said. "Following a rigorous trial period of over six weeks, the jury delivered a verdict that overwhelmingly vindicated our client, dismissing claims totaling over $30 million in damages along with punitive damages. The exhaustive efforts of myself and my team resulted in a near-complete victory in a years-long bet-the-company dispute against our client.

Wickramasekera said one goal is to always maintain the lead position in a case regardless of whether you are a defendant or a plaintiff.

"It is sometimes a challenge to set the pace, but it is critical to success," she said. "This requires taking an aggressive approach during discovery to shape the case and formulating your trial story from the start. This allows you to be proactive and not reactive. In the Alphatec cases, we were proactive in shaping the narrative from the outset through trial. This proactive approach not only bolstered the credibility of our witnesses, but also fortified the perception of our trial team in the eyes of the jury."

When asked about recent IP trends, she mentioned a notable change at the ITC in its trial procedures and the increased use of live direct testimony, departing from the previous reliance on written statements.

"The ITC has historically been plaintiff-friendly," she said. "It will be interesting to see if the ITC's evolving composition will have an impact on outcomes."