Seth is a highly accomplished trial lawyer who resolves complicated intellectual property disputes. With an extensive background in a broad range of litigation, including patents, trademarks, trade dress, and commercial litigation, Seth brings a wealth of experience to every case.
Experience
Representative matters
Representative matters
Centripetal Networks v. Keysight Technologies, Inc.: Representing Keysight in multi-forum patent infringement dispute with litigation proceedings in the Eastern District of Virginia (11 patents), the ITC (3 patents), the UPC (1 patent) and Germany (3 patents) and multiple inter partes reviews before the USPTO.
Open Text v. Box (N.D. Cal.). Represented defendant Box, Inc. in $270M patent infringement suit involving 12 patents relating to collaborative software and file synchronization. Prevailed on motion to strike plaintiff’s damages expert. After a 2-week jury trial, the jury awarded plaintiff less than 2% of its original damages claim.
Mizuho OSI v. Allen Medical and Hill-Rom: Represented Mizuho OSI in multiple patent infringement suits involving nearly 10 patents related to mechanical operation of specialized spinal surgical tables.
Centripetal Networks v. Keysight Technologies, Inc.: Representing Keysight in multi-forum patent infringement dispute with litigation proceedings in the Eastern District of Virginia (11 patents), the ITC (3 patents), the UPC (1 patent) and Germany (3 patents) and multiple inter partes reviews before the USPTO.
Open Text v. Box (N.D. Cal.). Represented defendant Box, Inc. in $270M patent infringement suit involving 12 patents relating to collaborative software and file synchronization. Prevailed on motion to strike plaintiff’s damages expert. After a 2-week jury trial, the jury awarded plaintiff less than 2% of its original damages claim.
Mizuho OSI v. Allen Medical and Hill-Rom: Represented Mizuho OSI in multiple patent infringement suits involving nearly 10 patents related to mechanical operation of specialized spinal surgical tables.
Fujitsu Ltd. v. Netgear (N.D. Cal). Third chair trial counsel for defendant Netgear in patent infringement suit relating to network cards. After a 3-week jury trial, obtained verdict of patent invalidity on a patent which had been re-examined by PTO 3 times. Jury also found non-infringement and no willfulness. Named on the San Francisco and Los Angeles Daily Journal’s list of Top California Defense Verdicts of 2012.
Ericsson v. Netgear, D-Link, and Acer/Gateway. Represented defendants against allegations of infringement of nine patents related to wireless networking and other mobile computing technology.
Represented intervenor Qualcomm Atheros in patent infringement suit involving Ethernet technology. Prevailed on summary judgment of non-infringement.
Benefit Cosmetics LLC v. e.l.f. Cosmetics, Inc. (N.D. Cal. 2023). Represented Benefit Cosmetics in a landmark trademark and trade dress enforcement action against a competitor involving Benefit's iconic ROLLER LASH mascara and the growing issue of “dupes” in the beauty industry.
What A Smoke, LLC v. Duracell US Operations, Inc. (D.N.J. 2019). Represented Duracell in a trademark infringement case in the District of New Jersey involving allegations of reverse confusion over its OPTIMUM battery line, securing summary judgment after extensive litigation with the court finding no likelihood of confusion between Duracell’s batteries and the plaintiff’s vaping products.
Real Madrid & FC Barcelona v. Liga Nacional de Fútbol Profesional (T.T.A.B. 2023). Representing Real Madrid CF and FC Barcelona in a TTAB cancellation action against a national league over rights to the mark EL CLASICO, arguing the term is primarily associated with the clubs.
USA Rice Federation v. Planting Hope Brands, LLC (T.T.A.B. 2023). Representing the USA Rice Federation in a TTAB cancellation action challenging a food brand’s trademark on grounds of deceptiveness and deceptive misdescriptiveness under the Lanham Act.
First Service Credit Union v. Service 1st Fed. Credit Union (S.D. Tex. 2025). Representing Service 1st Federal Credit Union in a trademark dispute with a federal credit union, involving parallel proceedings in District Court and before the TTAB.
Highmark Inc. v. Hubbell Realty Co., Proceeding No. 98151460 (T.T.A.B. 2025). Representing Highmark, a leading insurance provider, in a TTAB opposition against a real estate company over a trademark used in connection with senior living and healthcare services.
Elevance Health, Inc. v. Lifex Rsch. Corp., No. 1:25-cv-03590 (N.D. Ga. 2025). Representing Elevance Health, Anthem Insurance Companies, and the Blue Cross and Blue Shield Association in a trademark infringement lawsuit securing a TRO and preliminary injunction to stop defendants’ fraudulent use of counterfeit insurance cards and protect consumers.
Illinois Tool Works, Inc. v. Poly-America (N.D. Tex. 2018). Trial counsel for ITW in a lawsuit involving the protectability of the famous color-line trademark for resealable plastic bags.
Delicato Vineyards, LLC v. Vina Concha Y Toro S.A., et al. (N.D. Cal. 2021). Represented Delicato Vineyards in trade dress litigation involving its Nighthawk Black brand against Concha y Toro/Fetzer, addressing claims of consumer confusion and brand imitation.
Mondelēz International, Inc. v. Aldi Inc., (N.D. Ill. 2025). Representing Mondelēz International in pre-litigation trade dress infringement claims against a retailer regarding store-brand copies of various cookie and cracker products.
The Coca-Cola Company v. The O-Company. Successfully represented The Coca-Cola Company in multi-jurisdictional trade dress dispute involving spherical shaped bottles. Case settled favorably after TCCC filed a motion for summary judgment
Simply Orange design patent and trade dress protection. Represented The Simply Orange Company (a division of The Coca-Cola Company) in design patent and trade dress infringement actions filed in Florida and Georgia to protect the distinctive, patented Simply brand container against imitators. Cases settled favorably for client with defendants making changes to the accused bottle designs
Briggs & Stratton v. Honda Motor Co. (T.T.A.B.): Represented Briggs & Stratton in opposition to engine configuration trademark application filed by Honda Motor Company before the U.S. Trademark Trial & Appeal Board.
Representing leading ride-share company in a copyright and contract dispute with a software developer involving alleged unauthorized use of licensed software. The matter is currently in pre-suit negotiations.
Craftshack v. Drizly (C.D. Cal. 2023). Represented Drizly in copyright infringement action involving the display of photographs online.
Brackett v. Hilton Hotels Corporation. Represented Hilton Hotels Corporation in copyright infringement action involving art purchased for Homewood Suites properties.
Represented Uber Technologies, Inc. against advertising networks and agencies in actions for fraud, negligence, and RICO violations related to placement of Uber advertisements on mobile websites and applications.
Represented Keysight Technologies, Inc. in a commercial arbitration regarding royalties paid under a settlement agreement.
Recognitions
- Selected through peer review for inclusion in The Best Lawyers in America© for Litigation – Intellectual Property, 2025
- Selected to the IAM Patent 1000, which identifies the top patent practitioners throughout the world, 2024-2025
- Selected through peer review for inclusion on the Northern California Super Lawyers Rising Stars list for IP Litigation, 2015-2020
Credentials
Education
Education
- University of California, Hastings College of the Law, 2007, J.D.
- Brandeis University, 2003, Bachelor of Arts, Chemistry, Philosophy
Professional admissions & qualifications
Professional admissions & qualifications
- California
Court admissions
Court admissions
- U.S. District Court - Central District of California
- U.S. District Court - Northern District of California
- U.S. Court of Appeals - Ninth Circuit
- State Supreme Court - California
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