Our Services

There was a time when you had to go out and find your patent litigation counsel, your testifying technical experts, your consulting experts and sometimes even a source code review team, coordinate all of them and their interactions and hope for the best. Not Anymore!  SethLaw takes care of everything. We provide:

Patent Litigation

Sharing the Stage

SethLaw partners with your litigation counsel to add deep patent litigation experience and technical support to help you achieve your litigation objective. We work with counsel on developing claim construction theories and support, Markman presentations, technology tutorials, deposing technical experts and technical 30(b)(6) fact witnesses, and supporting your technical expert in report and declaration drafting.

Behind the Scenes

SethLaw provides comprehensive and experienced technical and analytics support services for patent litigation from behind the scenes. With the fast pace of today’s global economy, your client or business cannot allow operations, R&D or commerce to be held up. Our patent litigation support services; from pre-litigation assessment to contentions drafting to expert report support, help to produce the desired outcome in your patent litigation. We back your legal team every step of the way through the duration of your patent litigation to provide the technical and patent analytics support you need to evaluate, construct and plead your case.

Prosecution Services

(To Be Or Not to Be, That is the Question)
Given the expense of patent litigation, it is important to focus your resources on winnable cases and winning strategies. SethLaw works with you or your team to help evaluate where the strengths and weaknesses of your case lie. We provide you with clear assessments of the validity or invalidity of the patent in question and its infringement so that you can independently assess whether the case is worth your time and the cost investment. If you choose to proceed, SethLaw helps you to optimize your theories and gather facts from start to end.
(The Glue That Holds It All Together)
Infringement contentions in patent litigation are the foundation of your case. Writing accurate infringement theories correctly explaining the infringement reads as well as submitting them on time are crucial steps in patent litigation. SethLaw help you decide which claims to assert and formulates and identifies the best infringement support for the infringement theory for each asserted claim.
(Why So Defensive)
On the flip side, when the invalidation contentions are served by the defense, it is critical to identify the most consequential of all the customarily voluminous prior art analysis and to focus on drafting counter arguments against them. SethLaw analyzes each reference cited by the Defense and rates each reference on a claim element by claim element basis to pinpoint the chief references for each element and the chief counter arguments against them.
(We are Camping Now)
Often, the other side has produced a mountain of documents making it difficult to unearth key infringement facts. Our technical team analyzes technical documentation to arm your experts with the clear facts to support infringement. SethLaw also works with plaintiffs and law firms to provide the evidence to support infringement by software based accused instrumentalities. Our source code reviewers have extensive programming experience and patent knowledge to execute a targeted code inspection.
(The Canvas for the Picture)
In its simplest form, a legal case is basically the telling of a story. Patent litigation is no different, other than that it is the telling of a technical story. Delivering that technical story, which is dotted with complex information, in an easy to understand and persuasive manner is critical and must be approached with a view towards persuading the jury, supporting the infringement and not being later reversed. SethLaw works with your team to construct a theory around your claim language and to identify claim elements that should be construed as well as their optimal constructions. We also help your team formulate constructions and support for claim terms identified by the defense. We help package the technology for the judge's understanding through Markman presentations and tutorials in an effort to win both heart and mind.
(Legwork that Doesn't Cost An Arm Or a Leg)
Expert reports can "make or break" the case and are often very costly. Using SethLaw's services makes this part of the process much more affordable. We assist testifying experts in the legwork and analysis needed to support their expert reports by gathering and compiling the key infringement evidence identified from the technical documentation and source code review. We also help the technical expert present those facts in his or her report.

Defense Services

(An Ounce of Prevention...)
The old adage “the best defense is a good offense” is true in many situations. In the arena of patent litigation, what holds even truer is that the best defense is precaution. You can help safeguard against a potential patent infringement claim by having us conduct an initial investigation of your competitor’s technology and how their patents may relate to your products.

When you have been sued for patent infringement, it's important to optimize your defense quickly and not chase rabbit trials if you want to maximize your litigation dollars SethLaw performs an initial analysis at the outset of the lawsuit to assess where your best non-infringement and invalidity arguments may reside that helps you weigh the strength of your patent defense case, arming you with the data needed to gauge the probability of success. Our unique work product rates the identified prior art on a claim element-by-claim element basis to help you focus your invalidity case. Likewise we help you optimize your non-infringing case on a scale of 1-10. Our work provides the intelligence you need to cultivate your defense strategy.
(Art Follows Life)
SethLaw assists our clients who have been sued for patent infringement in searching for the high value prior art against the asserted patents. We identify the best prior art reference and formulate the arguments as to why it anticipates each asserted claim or renders it obvious. We then draft the invalidation contention theories and cite relevant support for these theories at an affordable cost to your client.
(Now Where's the Beef Again?)
When our clients who have been sued for patent infringement receive the infringement contentions, we work with defense counsel in preparing a non-infringement analysis by identifying and formulating high value non-infringement arguments. We pinpoint flaws in the infringement contentions and provide you with counter arguments to the infringement contention, identifying their most insubstantial arguments and highlighting your most substantial counter arguments.
(The Canvas for the Picture)
In its simplest form, a legal case is basically the telling of a story. Patent litigation is no different, other than that it is the telling of a technical story. Delivering that technical story, which is dotted with complex information, in an easy to understand and persuasive manner is critical and must be approached with a view towards persuading the jury, supporting the infringement and not later being reversed on appeal. SethLaw works with your team to construct a theory around your claims language and to identify support the optimal constructions for those terms as well as those identified by the other side. We help package the technology for the judge's understanding through Markman presentations and tutorials in an effort to win both heart and mind.
(Legwork that Doesn't Cost An Arm Or a Leg)
Expert reports can "make or break" the case and are often very costly. Using SethLaw's services can make this part of the process much more affordable. We assist testifying experts in the legwork and analysis needed to support their expert reports by gathering and compiling the key infringement evidence identified from the technical documentation and source code review. We also help the technical expert present those facts in his or her report.
(We are Camping Now)
Often, the other side has produced a mountain of documents making it difficult to unearth key infringement facts. Our technical team analyzes technical documentation to arm your experts with the clear facts to support infringement. SethLaw also works with plaintiffs and law firms to provide the evidence to support infringement by software based accused instrumentalities. Our source code reviewers have extensive programming experience and patent knowledge to execute a targeted code inspection.

Inter-Partes Review

Inter Partes Review - Requestor

When our clients want to pursue the process of invalidating a patent through Inter Partes Review, SethLaw can represent the client on a flat-fee basis by using our technical teams to carry out exhaustive prior art searches and identify and chart the art. We handle or support all aspects of the IPR including targeting the necessary discovery, working with testifying experts and formulating the necessary declarations.

Inter Partes Review - Respondent

If you have had an IPR filed against you, we can represent you directly or help to keep costs down by working with IPR counsel to analyze the arguments for invalidation and develop detailed counter arguments in support of IPR submissions. SethLaw supports defendants in drafting arguments to challenge the validity of patent claims based on prior art and printed publications. We execute an exhaustive search of prior art and then work closely with counsel in drafting these arguments. You can capitalize on our assistance in several ways: by applying these arguments in your response papers, technical declarations or expert reports.

Patent Analytics

SethLaw provides patent analytics services to help our vanguard clients evaluate, monetize and defend their intellectual property. From patent searches to patent landscaping to patent evaluation reports, our optimal fusion of experts, methods and science help our clients make confident IP decisions while sticking to budgets and deadlines. We assist you to optimize your intellectual property assets.

Patent Analytics services include:

(Where's the Beef?)
As a cutting-edge company, you want to stay on top of infringement of your patent portfolio. SethLaw’s Evidence of Use products present you with a clear picture of your patents and potential infringers. We furnish you with the publicly available evidence linking your patent’s claims to products to help you support or augment your infringement allegations.

A crucial action in protecting your patent portfolio is to identity the patents that are the most likely to be infringed upon. SethLaw is able to reconnoiter your market and identify high-visibility products with large market presence that use your technology and show how your technology is being used.
(Just Give Me Liberty...I'll Pass on the Death Part Please)
You are about to launch a new technology. As a prudent company, you want to first determine your patent infringement risks by checking for in-force patents that could be relevant to your roll-out. SethLaw’s Freedom to Operate search assists our clients in determining potential obstacles to marketing your intellectual property. This vital step examines the claim language of such patents in order to gauge your risk of potential infringement. FTO analyses are crucial to locate patent claims that may apply to your proposed product, apparatus or method.

The intelligence you gain from an FTO analysis will help your R&D Department avoid pitfalls in new product development.
(Is that Lane Closed?)
To maintain a competitive edge in today’s commercial world, your R&D forecasting and new technology development depend on crucial competitive intelligence and analysis of the current IP climate.

SethLaw’s Patent Landscape analysis depicts how and how much your competitors are protecting their inventions in new technology. You know who your major competitors are, but who is emerging and in what ways will their technology impact you? We supply you with a good understanding of your technology domain including where your major players stand in their patent protection, where their technology is moving, and where there is current "white-space." This high-value diorama of the technology sphere arms business executives and advisers with the in-depth knowledge needed to make savvy business capital decisions regarding where their R&D can best be directed.

For a client currently active in a specific area of technology, our analyses help you to chart a course around the current art by informing our client what technology already exists and how it can be built upon, who are the new competitors, and what are the industry trends and major developments in the field.

A comprehensive overview of the current patent literature arena in a general or specific area of technology not only serves as a frame of reference for creating innovative products and processes but also can save precious time and money by avoiding unfruitful tracks.
(No Stone Unturned)
You or your client is a technology company who has been blindsided by a patent infringement case. You need to find the significant prior art to support your defense of the litigation.

SethLaw conducts exhaustive prior art searches for our client. Whether you are seeking to validate the enforceability of your patent’s claims or to invalidate one or more claims of a patent when faced with an infringement allegation, we arm you with the facts of where the patent stands. With judgments having the potential of running into hundreds of millions of dollars, it is prudent to have a team supervised by a highly experienced U.S. patent litigation attorney handling your patent invalidity search.

A Patent Invalidity search is typically used as the first line of defense when confronted with allegations of patent infringement. Alternatively, a Patent Validity Search can be used when a client wants to confirm enforceability of a patent that they are considering asserting, licensing, buying, or selling. Our clients will gain a stronger position in negotiations if they are secure in the knowledge that their patent can endure an assault on its validity.

SethLaw’s research team will wade through all prior art including patents, published patent applications as well as non-patent literature. Our experts will produce a detailed report complete with claims-mapping of all the relevant prior art along with the corresponding search strategy, peripheral references and relevant patent classifications.
(What’s New?)
You are the R&D Department of a major techology corporation. Your inventors are develping cutting-edge technology regularly. Before you discover too late that someone else has already landed the rights to their inventions, you should consider commissioning a Novelty/Patentability search in early stage innovation (idea stage) or, at the latest, before you file a patent application (depending on your drafted claims).

Seth Law provides companies of all sizes or individual inventors an affordable patentability searching service through our team of patent engineers replete with meticulous training and experience in conducting prior art searches. In addition to determining patentability, this multipurpose search will also serve objectives which are far-reaching in the life of your patent. The Patentability/Novelty Search will help the patent drafter to write a patent application using claims that define the true novelty of the invention by pointing out how the product is new, useful, and non-obvious to one of ordinary skill in the art. By bringing the prior art to the surface, the patent drafter can formulate the most liberal possible set of claims given the known prior art. Another positive outcome of this search is that it expedites patent prosecution by allowing claims to be customized to circumvent the prior art before the Patent Examiner conducts his own search, thereby preempting examiner rejections. Additionally, the results of your Patentability Search improve the defendability of the patent in future by seeing to it that the Examiner acknowledges the most relevant prior art during prosecution.
(Danger Ahead)
You are a leading innovator in your industry. You have learned the hard way that a Patent Infringement Search is a wise investment. Many companies have made the mistake of spending money on research and development and later found out that the product in development was already secured by a competitor’s patent.

The purpose of SethLaw’s Patent Infringement Analysis is to determine whether your proposed product infringes any in-force patent claims, so that you can make business decisions accordingly. You may choose to design around the potential infringement or carry forward with the licensing, or something else entirely. However you choose to proceed, you will be making an educated decision based on the results of our analysis. We furnish you with well documented technical evidence to show how the new device or technology you are contemplating relates to the studied claims of the patent in question. This type of analysis is often followed by the writing of a legal opinion, which will gauge infringement and potential infringement on in-force patents and pending patent applications, respectively. SethLaw can provide a legal opinion, if need be, by a registered patent attorney with 20 years of patent litigation experience.
(Winners and Losers)
SethLaw can present our clients a Patent Portfolio Analysis which includes a deep examination of their intellectual property and a detailed appraisal of their portfolio. We will provide an analysis of their own company and an analysis of their competitors in order to identify competitive strengths and weaknesses. This portfolio analysis also helps clients to identify patents which are not yielding any financial returns, thereby saving the company money on R&D.

Our research team provides a full-scale analysis of the advantages, disadvantages, and comparative value of the individual patents in a patent portfolio. Comparing our client’s patent portfolio against its main revenue streams, we can help determine which patents are hot and which are not.

Our team of experts detect opportunities as well as potential threats to R&D strategies by finding potential infringement and licensees. Our experienced team prepares detailed reports which help clients maximize the value of their IP assets by identifying possible monetary opportunities such as selling duplicate IP assets. We provide essential intelligence about your patent assets, allowing you to make well informed decisions about your periodic patent portfolio management. You can utilize this wide-ranging patent management and efficacy evaluation tool for everything from competitive analysis to infringement investigation to R&D budget allocation.
(How Much Is That Doggie In The Window, Worth?)
Company leaders want to be able to easily gauge the value of their intellectual property to help make crucial decisions regarding their R&D. They want to know “Will my patent withstand potential ligation?', “Is my technology sufficiently solid?” and most importantly, “How much money will it make me”? SethLaw provides clients with easy to read, comprehensive reports regarding the commercial value and legal strength of your intellectual property, as well as the value of the particular market protected by the patent. Using state-of-the-art analysis technology and wide-ranging patent analytics programming, our IP professionals break down the factors needed by our clients to assess patent value, make legal determinations, and back financial decisions pertaining to their patents.

About Us

Sandy Seth

Sandeep (Sandy) Seth brings to your patent proceedings his unique style and uncanny insight developed over 20 years of litigating patents, both in-house and in private practice, where he has a long track record of obtaining client goals in patent cases. Having spent the last six years as of counsel with Susman Godfrey on their patent cases, Sandy teams up with others on their patent cases, weaving his experience into the optimal strategy.

Sandy is a member in good standing of the California and Texas bars. He is registered to practice before the USTPO, various Federal Courts, the United States Court of Appeals for the Federal Circuit and the U.S. Supreme Court. He holds a Juris Doctorate in Law and a Bachelors of Science degree in Aerospace Engineering. Before law school, Sandy worked as an Aerospace Engineer for Martin Marietta on the Hubble Space Telescope and Inertial Upper Stage Transorbital vehicle.

Education

University of Houston Law Center, Houston, Texas
Juris Doctorate, 1991

University of Texas, Austin, Texas
Bachelor of Science, Aerospace Engineering, 1985

Admissions

2010 U.S. District Court, Northern District of California
2007 U.S. District Court, Eastern District of Texas
2006 U.S. District Court, Western District of Texas
2005 U.S. District Court, Southern District of Texas
1999 U.S. District Court, Southern District of California
1998 Supreme Court of California
1996 U.S. Supreme Court
1995 Court of Appeals for the Federal Circuit
1995 U.S. District Court, District of Colorado
1994 U.S. Patent & Trademark Office
1992 Supreme Court of Colorado
1991 Supreme Court of Texas

Cases

We have represented parties nationwide in the enforcement and defense of patents in multi-million dollar disputes involving Fortune 500 companies, have gone toe to toe against boutique specialized patent litigation firms, and have faced opposing counsel at the highest levels and won.

PersonalWeb v. Google, Facebook, Yahoo!, Microsoft, Apple

Representing client in multi-defendant, multi-district patent litigation involving de-duplication, replication, and file system technology. Accused products include cloud storage and search file systems. Strategy, claim constructions, working with technical experts, deposing technical fact witnesses, tutorials, infringement and validity issues.

Cajun Chickcan of Texas v. Academy,

Case No. 4:05-cv-00139, United States District Court for the Southern District of Texas. Patent Infringement. Represented plaintiff. Obtained license for client.

In re Recreative Technologies,

COURT OF APPEALS FOR THE FEDERAL CIRCUIT; Patent Reexamination. Represented patentee in a favorable appeal from a Decision of the Commissioner of Patents. Reported at 83 F.3d 1394.

Sentius v. Microsoft,

Case No.: 5:13-cv-00825-PSG, United States District Court for the Northern District of California. Patent Infringement. Ongoing. Representing plaintiff in patent litigation involving linking technology. Accused products include Office 2013 and Word background spell check and grammar check feature. Strategy, claim constructions, working with technical experts, deposing technical fact witnesses, tutorials, infringement and validity issues.

Cajun Chickcan of Texas, LLP v. Bass Pro, Inc.,

Case No. 4:05-cv-001443, United States District Court for the Southern District of Texas. Patent Infringement. Represented plaintiff. Obtained license for client.

Oiness v. Walgreen,

COURT OF APPEALS FOR THE FEDERAL CIRCUIT; Represented plaintiff on cross-appeals from a $21,000,000 patent infringement judgment obtained in the U.S. District Court for the District of Colorado and Petition for Rehearing En Banc and Petition for Writ of Certiorari to United States Supreme Court.

Function Media v. Google,

2:07-CV-279, United States District Court for the Eastern District of Texas. Patent Infringement. Ongoing. Representing plaintiff in patent litigation involving on-line advertising technology. Accused products included Google AdSense. Strategy, claim constructions, working with technical experts, deposing technical fact witnesses, tutorials, infringement and validity issues.

Berg v. Symons,

Case No. 4:2003cv02683, United States District Court for the Southern District of Texas. Copyrights; trade dress; Represented plaintiff. Obtained finding of copyright infringement and damages. Reported at 393 F. Supp. 2d 525, 530 (D. Tex. 2005).

Rotating Production Systems v. Bock Specialties,

U.S. DISTRICT COURT FOR DISTRICT OF COLORADO. Represented Plaintiff in patent and copyright infringement, unfair competition and breach of loyalty action. Client ultimately won at trial.

Aqua Partners Ltd v. Ecological Tanks Inc.,

Case No. 6:07-cv-00121-LED, United States District Court for the Eastern District of Texas. Patent Infringement. Obtained for client license agreement for Plaintiff.

Turn-Key-Tech, LLC v. Hitachi Maxell, Ltd.,

3:99-cv-00647, United States District Court for the Southern District of California. Patent Infringement. Represented plaintiff. Obtained license agreement for client.

AFTCO, Inc. v. Security Storage Associates,

U.S DISTRICT COURT FOR THE DISTRICT OF COLORADO. Represented defendants in Lanham Act and common law trademark infringement action. Obtained voluntary dismissal of action with prejudice and payment of partial attorney fees to client.

Hilton's Fishing Charts, LLC v. Find The Bite, LLC et al,

Case No. 4:07-cv-01007, United States District Court for the Southern District of Texas. Copyright Infringement. Filed for preliminary injunction and obtained for client consent judgment stipulating permanent injunction.

Turn-Key-Tech, LLC v. Sony Corporation,

3:01-cv-02183, United States District Court for the Southern District of California. Patent Infringement. Represented plaintiff. Obtained license agreement for client.

Super 8 Motels v. Super A Motel,

U.S. DISTRICT COURT FOR THE DISTRICT OF COLORADO. Trademark Infringement Action. Represented Defendant as co-counsel in pro-bono in litigation and obtained a voluntary dismissal of action by Plaintiff with prejudice.

Texas Patent Co. v. Porter-Cable Corporation & Black & Decker

Case No. 4:05-cv-04162, United States District Court for the Southern District of Texas. Patent Infringement. Represented plaintiff. Obtained license for client.

Turn-Key-Tech, LLC v. Nissan North America,

3:99-cv-003210 t al., United States District Court for the Southern District of California. Patent Infringement. Represented Plaintiff. Obtained license agreement for client.

Turn-Key-Tech, LLC v. Daimler Chrysler Corp. et al.,

Case No. 3:01-cv-00381, United States District Court for the Southern District of California. Patent Infringement. Represented Plaintiff. Obtained license agreement for client.

ASM Company, Inc. v. Titan Tool, Inc.,

BINDING ARBITRATION BEFORE FORMER CHIEF JUDGE SHERMAN FINESILVER, United States District Court for the District of Colorado. Patent Infringement. Represented Plaintiff. Obtained purchase of client by defendant.

Contact Us

  • Address:
        SethLaw
        Two Allen Center
        1200 Smith Street, Suite 1600
        Houston, Texas 77002
  • Phone: 713-353-8847
  • Fax: 713-353-4601
  • Email: alal@sethlaw.com