- September 13, 2017
- Taking Care of BusinessJuly 24, 2018
Cases & Deals
Melissa Nott Davis Counsel
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Melissa Nott Davis has over fifteen years' experience representing clients from various industries, including life sciences, pharma/biotech, consumer products, high technology and healthcare, in state and federal court matters, International Trade Commission investigations, mediations and arbitrations. Her litigation experience spans a wide range of practice areas including complex commercial, intellectual property, employment and white collar.
Melissa serves as a counselor for clients seeking to resolve disputes without incurring cost of litigation. She has experience negotiating a variety of commercial and employment agreements and intellectual property licenses. She frequently works with international clients, managing cross-cultural communications and navigating applicable regulatory frameworks; clients have included companies from Japan, Germany, Taiwan, the Netherlands and France.
Melissa is dedicated to helping her clients achieve their goals, whether that be through litigation, negotiated resolution or a combination of the two. She is a talented strategist and brings a keen eye for finding practical solutions to each of her matters. Her extraordinary drive and determination led a federal judge to laud her efforts to get a critical piece of evidence admitted during trial despite fierce opposition as “Herculean.”
Prior to joining White and Williams, Melissa was a Partner in the Boston office of McDermott Will & Emery LLP.
- Defended major university in class action litigation filed against its medical school related to practices of its anatomical gift program. Following removal of the case to federal court under the Class Action Fairness Act, secured dismissal of entire action based on novel application of immunity provision contained in Massachusetts’ Anatomical Gift Act statute. Dismissal upheld on appeal to the First Circuit Court of Appeals.
- Defended Japanese medical device manufacturer and its American distributor against patent infringement claims relating to osteoarthritis treatment. Case resulted in complete trial victory with jury verdict finding client’s product did not infringe and the patent was invalid.
- Defended Taiwanese smartphone manufacturer in International Trade Commission Investigation involving twenty-three distinct smartphone and tablet products with nine asserted patents. The matter was tried to the Administrative Law Judge and has been characterized by him as one of the most complicated ITC patent cases he had ever seen. The investigation was resolved as part of a global settlement.
- Prosecuted multi-million dollar claim by dialysis services provider under Medicare/Medicaid law which resulted in settlement with four insurance providers and the Puerto Rico government.
- Defense of government contractor in Anti-Kickback and False Claims Act case brought by United States Attorney for Massachusetts. Case required nuanced arguments concerning government contracting provisions and federal acquisition regulations. Case settled on favorable terms.
- Represented biotechnology start-up in negotiations to enforce non-competition clauses. After protracted negotiations involving the former employee and former consultants, secured settlement resulting in significant payments to client to divest of technology it no longer considered of primary importance.
- Represented Japanese medical device manufacturer in negotiations with former collaborator related to patent assignment and royalty rights. Successfully negotiated a favorable resolution to ensure client had freedom to operate.
- Conducted internal investigations related to medical device clinical trials, fraud allegations against healthcare providers, securities claims against pharmaceutical companies and internal processes for major medical school.
Recognition & Involvement
Melissa was named to the National Law Journal’s Boston Rising Stars 40 Under 40 list in 2014. She was also selected by Massachusetts Lawyers Weekly as a 2013 “Top Women of Law” and included in its 2010 list of “Up and Coming” attorneys. Melissa was selected in a survey of her peers as a Massachusetts "Rising Star" by Super Lawyers from 2007-2016. In 2016 Melissa received Boston University’s Public Interest Project’s Alumni Award for her pro bono work with MLPB (formerly Medical-Legal Partnership│Boston) and Children’s Law Center of Massachusetts. In 2010 she received special recognition for her pro bono work as part of the Massachusetts Supreme Judicial Court’s Adams Pro Bono Publico Award to her former firm.
Melissa is actively involved with Northwestern University, currently serving as co-chair of its Leadership Circle for the Boston region. She is also involved as a women’s swimming booster and as part of Northwestern’s NU for Life program dedicated to the professional development of student-athletes. Melissa was an All-American, Academic All-American and Academic All-Big Ten swimmer at Northwestern.
During Melissa’s three-year term as President of the Board of Directors for Hosteling International’s Eastern New England Council, her leadership provided the backbone to complete the LEED certified, $42 million, 486 bed, new Boston Hostel, which preserved a National Register of Historic Places building.
- September 13, 2017
- Taking Care of BusinessJuly 24, 2018
- Massachusetts Supreme Judicial Court Rules Universities May Have Limited Liability When a Student Commits SuicideEducation Law AlertMay 10, 2018
- Utility Patents and the Sneaker Wars: Nike Alleges Infringement of Multi-Billion Dollar TechnologiesTaking Care of BusinessMay 9, 2018
- Concerted Actions with Sister Company in Finland Result in Delaware JurisdictionAIPLA NewsstandAugust 5, 2016
- A Directly Impacted Party Can Assign its Right to SueAIPLA NewsstandJuly 19, 2016
- A Brand Must Allege Facts to Survive a Motion to Dismiss Induced Infringement ClaimsAIPLA NewsstandMarch 3, 2016
- Attorneys’ Fee Award Cannot be Enhanced to Deter MisconductGeneral Counsel NewsFebruary 27, 2016
- There is More than One Way to Slice the Apportionment AnalysisIP FrontlineJanuary 29, 2016
- Apple Secures its Permanent InjunctionAIPLA NewsstandOctober 30, 2015
- Not Everyone is Subject to Jurisdiction in DelawareAIPLA NewsstandOctober 30, 2015
- A Primer on Patent DamagesNational Law ReviewSeptember 30, 2015
- Applicability of Entire Market Value Rule in Hatch-Waxman CasesAIPLA NewsstandMay 28, 2015
- Suspected Off-Label Infringing Uses Do Not Equal InducementAIPLA NewsstandMay 28, 2015
- District Courts Must Follow Georgia-Pacific and Seagate’s InstructionsAIPLA NewsstandJanuary 29, 2015
- Post-Nautilus, Post-Interval: Indefiniteness in NovemberLaw 360December 4, 2014
- Bosch May Pave the Way for Lower Litigation CostsLaw 360July 10, 2013
Cases & Deals
Bar and Court Admissions
U.S. Court of Appeals for the First Circuit
U.S. District Court for the District of Massachusetts
U.S. Supreme Court
Harvard University Extension School, Masters of Liberal Arts, Management Program, 2014
Boston University School of Law, JD, cum laude, 2002
Northwestern University, BA, History, 1997
Boston Bar Association
Northwestern University Leadership Circle Boston Regional Council, Co-Chair
Advisory Board of Directors for MLPB (formerly Medical-Legal Partnership│Boston)