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HHS limits the use of guidance documents in civil enforcement actions

May 1, 2021

HHS limits the use of guidance documents in civil enforcement actions
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Nichole Hayden

Nichole Hayden

Partner

One Wells Fargo Center
301 South College Street
23rd Floor
Charlotte, NC 28202
nichole.hayden@nelsonmullins.com

Nichole Hayden is a registered patent attorney and practices in the intellectual property group, with a focus on helping clients obtain patent protection for their inventions and trademarks that effectively protect their brand. Nichole additionally practices in the area of gaming and entertainment law, having represented clients in connection with licensing, regulatory compliance and opinions, and intellectual property...

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Nichole Hayden is a registered patent attorney and practices in the intellectual property group, with a focus on helping clients obtain patent protection for their inventions and trademarks that effectively protect their brand. Nichole additionally practices in the area of gaming and entertainment law, having represented clients in connection with licensing, regulatory compliance and opinions, and intellectual property matters.

Nichole Hayden

matters.

Nichole Hayden is a registered patent attorney and practices in the intellectual property group, with a focus on helping clients obtain patent protection for their inventions and trademarks that effectively protect their brand. Nichole additionally practices in the area of gaming and entertainment law, having represented clients in connection with licensing, regulatory compliance and opinions, and intellectual property... matters.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Former General Counsel to software development company in the gaming industry; gaming licensing, regulatory compliance, advice, and opinions.
  • Counseling and strategic planning for patent and trademark portfolios, taking into account business and compliance needs of the company
  • Opinions regarding patentability of inventions, non-infringement of third party patents, and invalidity of third party patents
  • Advising, negotiating, and drafting licensing, supply, and development agreements related to patents, trademarks, copyrights, technology, and software

Representative Matters  

  • Nichole’s patent practice has spanned varying industries:
    • Nutritional Products
    • Seed Treatments and Transgenic Plants
    • Paper and Film Packaging
    • Electronic Gaming
    • Software
  • Trademark portfolio work for clients in the financial sector, the software gaming industry, retail clothing, navigational products, and many other industries.

Previous Professional Experience 

  • General Counsel for privately-owned software development company in the gaming industry
    • Gaming licensing, regulatory compliance, advice, and opinions
    • Advised and managed corporate, compliance, litigation and intellectual property matters
    • Advised, negotiated, and drafted customer and vendor contracts, license and supply agreements 
    • Managed numerous outside counsel

Education

  • Drake University Law School, JD, highest honors (2004)
    • Order of the Coif
    • Finalist, Supreme Court Moot Court Competition
    • Davis, Brown, Koehn, Shors & Roberts Award for Excellence in Advocacy
    • Drake Law Review
    • Intellectual Property Law Society
  • Wofford College, BS, Chemistry, magna cum laude (2001)

Admissions

  • South Carolina
  • North Carolina
  • U.S. Patent & Trademark Office

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Leadership Greenville Class 36 
  • South Carolina Bar
  • American Bar Association
  • Greenville County Bar Association
  • Carolina Patent, Trademark and Copyright Law Association  
  • Board of Counselors, Drake University School of Law (2017-present)
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