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A. Neal Seth

A. Neal Seth focuses on patent litigation and appeals. He has handled numerous litigation and appellate matters in a variety of technologies, including the pharmaceutical, chemical, electrical, and mechanical fields in district courts, the ITC, and the Federal Circuit. Beyond his litigation practice, Mr. Seth advises clients on a wide variety of patent matters, including licensing, due diligence, providing opinions of counsel, and settling disputes.

In addition, Mr. Seth helps to coordinate the firm’s India-focused engagements, including representation of Indian companies in the United States.

Notable engagements include:

• In the Matter of Certain Underground Cable and Pipe Locators, Inv. No. 337-TA-727 (2010). Lead counsel representing the Complainant in an ITC patent infringement action relating to handheld underground cable and pipe locators. Case settled.
• Halo Elecs. Inc. v. Bel Fuse Inc., et al., Case No. 2:07-cv-00331 (N.D. Cal. 2010). Lead counsel for one of the Defendants in a patent infringement litigation concerning surface mount packages for printed circuit boards. Case settled.
• The Cold War Museum Inc. v. Cold War Air Museum Inc., 586 F.3d 1352 (Fed. Cir. 2009). Argued and won a reversal of the TTAB’s cancelling the mark at issue. This precedential case confirmed that a mark’s prosecution file history is automatically of record in an inter partes board proceeding and clarified the burdens of proof in a validity-based trademark cancellation proceeding.
• TALtech Ltd. v. Esquel Apparel, Inc., 279 Fed. Appx. 974 (Fed. Cir. 2008). Represented appellees in the Federal Circuit’s affirming the district court’s ruling on non-infringement and invalidity of patents covering aspects of wrinkle-free shirt seams.
• In the Matter of Certain Automotive Parts, Inv. No. 337-TA-557, Publication No. 4012 (I.T.C. June 1, 2008). Represented respondents who were found to infringe the asserted design patents. The ruling resulted in the introduction of the Access To Repair Parts Act (H.R. 3059), which seeks to exempt from design patent infringement component parts used to repair another article of manufacture.
• Ciba Specialty Chem. Corp. v. Hercules, Inc., 436 F. Supp. 2d 670 (D. Del. 2006). Successfully represented defendant in patent infringement litigation relating to polymer technology and prevailed on summary judgment finding no infringement.
• Eli Lilly & Co. v. Zenith Goldline Pharms., Inc., 364 F. Supp. 2d 820 (S.D. Ind. 2005), affirmed by the Federal Circuit in 471 F.3d 1369 (Fed. Cir. 2006). Represented the innovator in ANDA litigation upholding the validity of the patent covering one of the innovator’s antipsychotic drugs.

Mr. Seth is active in the South Asian community and bar. He is a former President of the South Asian Bar Association of Washington, D.C. (SABA-DC), was previously Vice President on the Executive Committee of the North American South Asian Bar Association (NASABA), and is presently the IP section chair of the Indo-American Lawyers Council.