Brian S. Seal

Brian Seal is a Shareholder practicing in Butzel Long’s Washington D.C. office. He litigates complex cases, including highstakes patent litigation and business disputes, before federal appellate courts and federal district courts across the country. He also has extensive experience at the U.S. International Trade Commission, where he recently obtained a favorable decision for a client in a groundbreaking expedited proceeding. He has broad experience in all aspects of litigation, including jury trials, bench trials and appeals.

Brian’s patent litigation experience encompasses a wide range of technologies and products, with a focus on telecommunications and electronics.

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

Representative Experience

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.

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

Speaking Engagements

“Patent Trolls – Patent Settlement Strategy Live Webcast,” The Knowledge Group, April 2015

“Mobile Banking & Patent Infringement,” Independent Community Bankers of America webinar, November 2012

Education

  • University of Alabama 2000, J.D.
  • University of Virginia 1997, B.A.

Admissions

  • District of Columbia
  • Supreme Court of the United States
  • United States Court of Appeals for the Federal Circuit

Memberships

American Bar Association

American Intellectual Property Law Association

Bar Association of the District of Columbia; Patent, Trademark & Copyright Section, Federal Circuit Committee chair (2005–2006), Amicus Committee chair (2004–2005)

Licensing Executives Society (USA & Canada), Inc.; Amicus Subcommittee cochair (2015–current)

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