Biography

Seth represents clients in complex intellectual property disputes across all stages of litigation and in a range of industries and technologies, such as solid-state (i.e. LED) lighting, telecommunications, software, electronic health records, robotics, IoT devices and GPS-enabled consumer goods.

Seth handles disputes from early assessment, dispositive motions, Markman, trial, and through appeal. Seth also has extensive experience defending companies against non-practicing entities, also known as “patent trolls.” Seth is experienced in organizing and leading joint-defense groups in coordinating litigation strategy against some of the largest and sophisticated patent trolls.

In addition to his federal court experience, Seth also has experience in post-grant proceedings before the Patent Trial and Appeal Board (“PTAB”). Seth has represented both patent challengers as well as patent owners, and has secured favorable resolutions as a result of the proceedings. Seth also has experience in Section 337 investigations before the International Trade Commission.

Seth also provides clients strategic pre-litigation counsel to manage risk and develop business strategies in crowded intellectual property environments. Seth helps clients identify key threats and develop creative and effective strategies for managing external risk. Seth also helps develop strategies for protecting key intellectual property assets for intellectual property owners.

In addition to his patent work, Seth also has experience representing clients with trademark and copyright disputes in industries such as hospitality, consumer goods, software, and financial services. Seth’s experience includes both federal court litigation as well as administrative actions before the USPTO.

When he is not at his desk, Seth can likely be found either exploring the mountains of New England or trying his hand at something new in the kitchen with his wife and son.

Services/Industries

Education

  • Boston College Law School  (J.D., cum laude)
  • Hamilton College  (B.A., magna cum laude)

Public Service

  • Board of Directors, WinterKids

Bar Admissions

  • Maine
  • Massachusetts

Memberships

  • American Intellectual Property Lawyers Association
  • Boston Patent Law Association

Honors

  • The Kenneth R. Clegg Award for Excellence
  • Received Katahdin Counsel Recognition for pro bono efforts (2016 & 2019)
  • Listed in Best Lawyers: Ones to Watch under Intellectual Property Law, Litigation – Intellectual Property, Litigation – Patent
  • Selected by peers for inclusion in New England Super Lawyers© under Intellectual Property Litigation

To learn more about third-party ratings and rankings, and the selection processes used for inclusion, click here.

Court and Other Admissions

  • U.S. District Court for the District of Maine
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals for the Federal Circuit

Firm Highlights

Matter

Patent Litigation: Telecommunications

Defended national telecommunications provider in patent dispute involving patents related to standard-essential DSL technology. Developed unenforceability defense as well as defense based on patent troll’s failure to offer fair, reasonable, and non-discriminatory royalty rate...

Matter

Patent Litigation: Telecommunications

Defended regional telecommunications provider against non-practicing entity with patents related to modem design and operation. Developed exhaustion argument based on prior licensing activity. Also successfully opposed non-practicing entity’s motion to consolidate cases under Multi-District...

Matter

Patent Litigation: LED Lighting

Defended national lighting manufacturer against competitor with patents relating to LED lighting and driver design. Briefed Markman . Also filed successful IPR petitions against asserted patents (each petition instituted on all challenged claims). Case...

Matter

Patent Litigation: Software

Defended integrated design environment (“IDE”) producer in patent dispute involving patents related to user authentication systems. Briefed and argued Markman . Case settled shortly thereafter on favorable terms.

Matter

Patent Litigation: Electronic Health Records

Defended electronic health record (“EHR”) software producer in patent dispute involving a non-practicing entity and patents related to database design and operation. Filed an early motion to dismiss based upon subject matter eligibility under...

Matter

Patent Litigation: LED Lighting

Defended national lighting manufacturer against non-practicing entity on patents relating to TLED design. Developed early non-infringement positions which resulted in early (and favorable) settlement.

Matter

Patent Litigation: LED Lighting

Represented national lighting manufacturer in Section 337 investigation before the International Trade Commission. Developed early invalidity position, which resulted in early (and favorable) settlement prior to summary determination.

Matter

Trademark Litigation: Consumer Goods

Represented three defendants against trademark owner in long-running dispute. Successfully briefed early motion to dismiss on all non-trademark claims against the defendants. First-chaired trial of trademark claims leading to a successful decision invaliding all...

Matter

Patent Licensing: LED Lighting

Negotiated multiple licenses with large, multi-national, patent holder on behalf of various national lighting manufacturers.

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Patent Litigation: Software

Defended semiconductor designer in patent dispute involving patents related to user authentication systems. Briefed and argued Markman . Case settled shortly thereafter on favorable terms.

Contact Verrill at (855) 307 0700