Brian Seal

Brian litigates complex cases, including high-stakes intellectual property litigation and business disputes before federal district and appellate courts across the U.S. His litigation experience includes a wide range of technologies and products, with a focus on telecommunications and electronics. Brian also has significant experience at the U.S. International Trade Commission. His practice covers all aspects of intellectual property litigation, including jury trials, bench trials, and appeals.

Upon graduating from law school, Brian served as a judicial law clerk at the U.S. Court of Appeals for the Federal Circuit, where he drafted bench memoranda and panel opinions in cases involving patents, trademarks, and international trade.

• Tabibian v. Esfahani, et al. (D. Md. 2016): Lead counsel for plaintiff Payam “Peter” Tabibian against his former business partners in a dispute over ownership of the Z-Burger restaurant chain and associated intellectual property? successfully obtained preliminary injunction ruling resulting in favorable settlement confirming Mr. Tabibian’s sole ownership of the Z-Burger business and all intellectual property, including trademarks and copyrights.
• Southco, Inc. v. Fivetech Technology, Inc. (Fed. Cir. 2014): Represented appellant Southco before the Federal Circuit in a case involving questions of claim construction, infringement under the doctrine of equivalents and trademark use in commerce, resulting in remand to the U.S. District Court for the Eastern District of Pennsylvania.
• Bluebonnet Telecommunications, LLC v. Sonim Technologies, Inc. (E.D. Tex. 2014): Lead counsel for defendant Sonim Technologies in a patent case involving smartphone features? succeeded in having all claims dismissed.
• In re Certain Laminated Cardboard Products (U.S. Int’l Trade Comm’n 2013): Lead counsel for respondent Freixenet USA, Inc. in a Section 337 patent infringement action? obtained a favorable ruling under the ITC’s pilot program for early determination.
• MShift, Inc. v. Digital Insight Corp., et al. (N.D. Cal 2010? Fed. Cir. 2011): Represented defendant SK C&C Co., Ltd. in a patent dispute involving mobile banking technology? obtained summary judgment of noninfringement at the district court, which was upheld at the Federal Circuit.

Speeches

• “Patent Trolls – Patent Settlement Strategy Live Webcast,” The Knowledge Group, April 2015.
• “Mobile Banking & Patent Infringement,” Independent Community Bankers of America webinar, November 2012.

Publications

• “Federal Circuit Strengthens Software, Business Method Patents,” Legal Intelligencer, October 2016.
• “Supreme Court Rules Pharmaceutical Patent Settlements Are Not Presumptively Illegal,” LES Insights, Licensing Executives Society (USA & Canada), June 2013.
• “How to OutNuisance a Bank Patent Troll,” American Banker, January 2013