Nicholas S. Kuhlmann

Nick combines a technical background with extensive experience in intellectual property and commercial matters, from patent and trademark prosecution to litigation and trial. Whether enforcing intellectual property rights or protecting consumers, he advances his clients’ interests with an eye for detail and a focus on concise, persuasive positions. Nick represents clients in patent, trademark, copyright, insurance, and class action cases, including antitrust and other commercial claims.

Nick has advised clients in the development of trademark portfolios, and prosecuted and obtained allowances of unique marks for his clients. He is also experienced in handling trade dress, design patent, and anti-counterfeiting matters.

As a registered patent attorney, Nick has drafted and prosecuted utility patents primarily in the chemical, mechanical, and medical device fields.

Nick has additional experience in insurance litigation and coverage counseling, advising insurers regarding claims by commercial general liability policyholders including construction defect coverage. He has assisted in determining coverage for indemnity and defense cost issues, engaged in pre-litigation counseling, negotiated cost-share arrangements with multiple co-insurers and policyholders, and litigated coverage under property and homeowners policies.

Clients rely on Nick for his diversity of expertise and tenacity. Each case requires perspective as to what evidence to pursue and which arguments may prevail. While often negotiating settlements on favorable terms, he also takes cases to trial when necessary. “Helping my clients achieve their goals is a tremendous source of satisfaction for me.”



  • Filed trademark infringement suit on behalf of client in federal court and successfully negotiated a settlement whereby a competitor adopted an alternative brand name
  • Prepared arguments that led to court finding non-infringement of patent claims in favor of client
  • Handled patent infringement claims against an international sporting organization
  • Served as lead counsel on suit concerning scratch-resistant polymer coating for eyeglass lenses, including oral argument at dispositive motion hearing which led to the negotiation of a favorable settlement
  • Prosecuted and obtained allowance of patent applications on behalf of inventors in cardiac rhythm disease management and neuromodulation portfolios
  • Drafted, prosecuted, and obtained allowance of patent applications for aerospace-related inventions, drafted appeals to the Patent Trial and Appeal Board
  • Represented patentee sued in declaratory judgment action and drafted brief opposing summary judgment of non-infringement that led to published decision and settlement
  • Examined witnesses at jury trial and argued motions in limine, jury instructions, and special verdict form before the court in a false advertising suit
  • Conducted discovery and depositions in a trademark counterfeiting and RICO action in a case involving residential circuit breakers, resulting in partial summary judgment in favor of clients and negotiated settlements on behalf of individual and corporate clients
  • Drafted jury instructions for trademark trial that resulted in a favorable defense verdict and assisted in drafting appellate brief, upon which the Court of Appeals for the Federal Circuit upheld the verdict
  • Assisted in the preparation of complaint and discovery on behalf of affected vehicle owners in the Volkswagen “Clean Diesel” class action, a suit seeking compensation for emissions alleged to violate EPA standards, which led to a settlement favorable to vehicle owners
  • Managed coverage positions for third-party bodily injury and property damage claims and negotiated cost share and indemnity allocations with co-insurers and coverage counsel for policyholders under various state laws
  • Conducted discovery, briefed, and argued summary judgment motion granted in favor of the client, confirming the application of coverage exclusion in the homeowner’s policy
  • Drafted summary judgment motion that was granted on insurance coverage issue and assisted with drafting appellate brief that the Court of Appeals for the Eighth Circuit granted, reinstating the trial court’s original decision following initial reversal

In The News


  • Board Member and MSBA Representative, Minnesota Intellectual Property Law Association
  • Member of the Minnesota Chapter of the Federal Bar Association


  • Moderator: Mitchell Hamline IP Symposium, April 2021, “Exploring the Boundaries of Statutory Subject Matter under the AIA” – Pharmaceuticals and Biotech Panel
  • Mentors law students through the University of St. Thomas Law School Mentorship Program
  • Former Member and editor of the Marquette Intellectual Property Law Review
  • Former organic chemist at 3M, focused on polymer and small molecule synthesis and characterization

Past Seminars