Nathanial McPherson

Associate - Boston

Nathanial McPherson

Contact Information


Nathanial McPherson focuses his practice on intellectual property litigation matters trying patent and trade secrets cases in federal courts and before the International Trade Commission. 

Drawing on experience that spans more than a decade and a half, Nate approaches each case from the perspective of a seasoned trial litigator with the strategic goals of his clients foremost in mind. He works closely with clients to quickly and thoroughly investigate issues as they arise — whether it be to investigate allegations in demand letters, potential infringement, or theft of trade secrets. And when further action does ensue, Nate is prepared to assist his clients through all phases of litigation and work toward a successful outcome while seeking to minimize disruptions to the client’s business. 

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Education:

  • Fordham University School of Law, J.D., magna cum laude, 2013
  • Boston College, B.A., 2003

Languages:

English

Representative Experience

  • Represented one of the world’s largest suppliers of electric vehicle batteries in a trade secret dispute brought against a competitor involving Lithium-ion battery technology in co-pending matters before the International Trade Commission and the District of Delaware*
  • Represented a manufacturer of paper consumer products in a patent case brought by a competitor involving paper tissue manufacturing technology in the District of Delaware*
  • Represented a major media company in a patent dispute involving interactive television and multimedia technology in co-pending matters before the International Trade Commission and the District of Delaware*
  • Represented a one of the world’s largest lighting fixture manufacturers in a patent dispute involving smart lighting systems and LED technology in co-pending matters before the International Trade Commission and the District of Delaware*
  • Represented an additive manufacturing startup company in a patent and trade secret dispute involving 3D printing technology in the District of Massachusetts*
  • Represented a leading manufacturer of laboratory equipment and reagents in a patent case brought by a competitor involving flow cytometry systems and related technology in the Southern District of California*
  • Represented a network appliance manufacture in a patent case brought by a competitor involving network switching and routing technology before the International Trade Commission and the District of Northern California*
  • Represented a leading manufacturer of smart phones and consumer devices in a patent case brought by a large non-practicing entity involving 4G communication technology and standards in the Eastern District of Texas*
  • Represented a conferencing and collaboration software company in a patent dispute with a non-practicing entity involving video conferencing technology in the Western District of Texas*
  • Represented a conferencing and collaboration software company in a patent dispute with a non-practicing entity involving authentication technology in the Eastern District of Texas*
  • Represented a medical device manufacturer in a patent and trade secret dispute brought by a competitor involving cardiac medical device technology in the District of Massachusetts*
  • Represented a consumer electronics company in a patent dispute brought by a competitor involving side-scan sonar technology in co-pending matters before the International Trade Commission and the Northern District of Oklahoma*
  • Represented a consumer electronics company in a patent dispute brought by a competitor involving sonar technology for recreational watercraft in co-pending matters before the International Trade Commission and the Middle District of Alabama*
  • Represented a video game software company in a patent dispute with a non-practicing entity involving facial animation technology in the District of Delaware*
  • Represented a pharmaceutical company in a patent dispute brought against multiple competitors involving recombinant DNA therapeutic treatments for an immunologic disorder in the District of New Jersey*

 

* Denotes representations handled by Mr. McPherson prior to joining Foley Hoag, LLP. 

  • “ITC Vs. Court Remedies For Trade Secret Theft Abroad,” Law360 (October 2020)
  • “Strategic Implications of Recent Changes in PTAB Proceedings” Intellectual Property & Technology Law Journal (September 2019)
  • “Preemptive Use of Post-Grant Review vs. Inter Partes Review” Law360 (May 2017)
 

Involvement

  • Member of Boston Patent Law Association
  • Alan D. Lourie Boston IP American Inn of Court
  • Boston Bar Association 
  • “Trending Topics in ITC Practice: Trade Secrets Trends at the ITC,” Boston Bar Association Webinar (February 2022)
  • “Defending IP and Trade Secrets: How to Shape Positive Outcomes with eDiscovery,” Relativity Fest (October 2019)
 
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Bar Admissions

  • Massachusetts
  • New York

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • 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 Eastern District of Texas
  • U.S. Court of Federal Claims