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Background

Seth is a seasoned trial lawyer who has experience in all aspects of complex patent and intellectual property litigation, including trade secret disputes, copyright actions, and RICO claims. He has successfully handled trials in district courts across the country and in hearings before the International Trade Commission. He recently co-chaired a trial where he invalidated a utility patent covering Columbia Sportswear’s Omni-Heat product lines representing hundreds of millions of dollars. This was also the first design patent damages trial under the Supreme Court’s Samsung v. Apple opinion allowing apportionment of damages for design patents.

Clients say that Seth’s approach is firm but reasonable because he eschews scorched-earth tactics in favor of identifying and focusing on issues that truly matter. He brings to every case a careful attention to detail and a desire to align the litigation strategy with his clients’ business objectives. Seth’s practice spans multiple high-tech industries for market-leading clients in the cellular handset, software database, semiconductor, high-speed networking, and medical device fields. His recent cases have involved cutting-edge technical advancements in the 5G cellular industry, developing law relating to the determination of FRAND rates, and design patent damages.

Seth’s practice also involves counseling clients on licensing and patent due diligence matters, and in patent portfolio management. He has represented clients in high-stakes proceedings before the PTAB. He also litigates complex trade secret matters in state and federal court, where he is able to use his extensive technical expertise to help clients resolve often difficult questions of trade secret theft and misappropriation.

Seth’s expertise is built on a foundation of rigorous technical achievement starting with a Bachelor’s of Science degree in nuclear engineering from Oregon State University. Before going to law school, he worked in fellowships at the Hanford Nuclear Reservation in Richland, WA, performing Monte Carlo analysis for nuclear transport casks, and later for the Commissariat D’Etude Atomique in Cadarache, France.

Outside the office, Seth enjoys spending time with his wife and three kids. He is an avid cyclist, and has completed the hundred miles of Levi’s Gran Fondo in Santa Rosa, California three times. When the wind and swell are right, you can find him surfing in Encinitas.

Education

Lewis and Clark College, Northwestern School of Law 2001
J.D.


Oregon State University 1997
Nuclear Engineering, B.S.

Admissions

  • California 2001

Other Distinctions

Named as a “Top Young Attorney” by the San Diego Daily Transcript (2008).

Named to “Best Lawyers” by Best Lawyers in America (2020).

Publications

Unlocking the Secret of California’s Trade Secret Identification Requirement: Part 2, co-authored with Tucker Terhufen, The Recorder (October 18, 2019).

Unlocking the Secret of California’s Trade Secret Identification Requirement: Part 1, co-authored with Tucker Terhufen, The Recorder (October 11, 2019).

Takeaways from the FTC’s Deep Dive on Patent Assertion Entities,” Corporate Counsel (October 31, 2016).

Presentations

“Design Patent Litigation,” co-speaker, San Diego Office CLE Event (January 24, 2018)

Experience

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