Photo of A. Neal  Seth

Education

J.D., The George Washington University Law School

B.S., Cornell University

Bar and Court Admissions

District of Columbia Bar

Virginia Bar

Supreme Court of the United States

U.S. Courts of Appeals for the Fourth and Federal Circuits

U.S. District Court for the Eastern District of Virginia

U.S. Patent and Trademark Office

Neal, a member of the firm's Management Committee, focuses his practice on patent litigation and appeals. In addition, Neal advises on patent prosecution and portfolio matters, providing comprehensive opinions of counsel and effectively settling disputes to support his clients’ interests.

Representative Experience

Pharmaceutical Patent Litigation

  • Lead counsel for ANDA filer in Hatch-Waxman litigation relating to Treanda (ready-to-dilute bendamustine hydrochloride), a cancer treatment. Cephalon v. Fresenius Kabi USA, LLC, 1:15-cv-00536 (D. Del. 2015).
  • Lead counsel for ANDA filer in litigation relating to Daliresp (roflumilast), indicated for chronic obstructive pulmonary disease. Takeda GMBH, et al. v. Hetero USA Inc., et al., No. 3:15-cv-03385 (D.N.J. 2015).
  • Lead counsel for ANDA filer in litigation relating to Abilify (aripiprazole). Otsuka Pharm. Co. Ltd. V. Torrent Pharms. et al., 1:14-cv-01078 and related cases (D.N.J. 2014).
  • Lead counsel for ANDA filer in Hatch-Waxman litigation relating to Treanda (lyophilized bendamustine hydrochloride), a cancer treatment. Cephalon v. Hetero Labs Ltd., 1:13-cv-02046 (D. Del. 2013).
  • Lead counsel for ANDA filer in litigation relating to Toviaz (fesoterodine), indicated for overactive bladder syndrome. Pfizer, Inc. and UCB Pharma GmbH v. Alkem Laboratories, Ltd., 1:13-cv-01110 (D. Del. 2013).
  • Lead counsel for the patent owner in ANDA litigation relating to Solaraze, indicated for actinic keratosis. Fougera Pharms., Inc. and Jagotec AG v. Tolmar, Inc., 1:10-cv-02635 (D. N.J. 2012).
  •  Represented the patent owner in ANDA litigation upholding the validity of the patent covering Zyprexa (olanzapine), an atypical antipsychotic. 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).

Hardware/Software Patent Litigation

  • Represented appellants in the U.S. Court of Appeals for the Federal Circuit in successfully reversing the district court's summary judgment of no infringement. 01 Communique Laboratory, Inc. v. LogMeIn, Inc., 687 F. 3d 1292 (Fed. Cir. 2012).
  • Lead counsel for the defendant accused of infringing patents relating to visual voicemail. Case settled favorably. Brandywine Communications Technologies, LLC v. LG Electronics, Inc., 6:12-cv-00271 (M.D. Fla. 2012).
  • Represented two respondents through trial in defending against allegations of patent infringement relating to three patents covering computer forensic devices. Prevailed on an Initial Determination finding no domestic industry. In the Matter of Certain Computer Forensic Devices and Products, Inv. No. 337-TA-799 (2012).
  • Represented complainant as lead counsel in an International Trade Commission patent infringement action relating to handheld underground cable and pipe locators. The parties reached a global settlement during the investigation. In the Matter of Certain Underground Cable and Pipe Locators, Inv. No. 337-TA-727 (2010).

Other Litigation

  • Represented complainant in a patent infringement action relating to baby strollers and playards. Case settled favorably while summary determination motions were pending. In the Matter of Certain Strollers and Playards, Inv. No. 337-TA-762 (2011).
  • Argued and won a reversal of the Trademark Trial and Appeal Board’s (TTAB) cancelling the mark at issue. Precedent setting 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. The Cold War Museum Inc. v. Cold War Air Museum Inc., 586 F.3d 1352 (Fed. Cir. 2009).
  • Represented appellees in the U.S. Court of Appeals for the Federal Circuit’s affirming of the district court ruling on non-infringement and invalidity of patents covering aspects of wrinkle-free shirt seams. TALtech Ltd. v. Esquel Apparel, Inc., 279 Fed. Appx. 974 (Fed. Cir. 2008).
  • Represented respondents accused of infringing design patents covering aspects of the Ford F-150. In the Matter of Certain Automotive Parts, Inv. No. 337-TA-557 (2008).

Affiliations

  • American Bar Association (ABA), Section of International Law, India Committee
  • Indo-American Chamber of Commerce (IACC)
    • Former Chair, Intellectual Property Section, Indo-American Lawyers Council
  • North American South Asian Bar Association (NASABA)
    • Former Vice-President, Executive Committee
  • South Asian Bar Association of Washington, DC (SABA-DC)
    • Former President

Recognitions

  • Named one of DC's "Super Lawyers" for Intellectual Property Litigation by Super Lawyers magazine (2014)

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