Seth Heller
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Seth Heller is an associate in Axinn’s Washington, DC office, where he is a member of the firm's Intellectual Property group. Seth’s practice focuses on US district court patent litigation and appeals, with a particular emphasis in the fields of biotechnology, pharmaceuticals, medical devices, diagnostics, and the life sciences. His experience includes handling pre-litigation client counseling and transactional matters including patent license and settlement agreements. Additionally, Seth also has experience with Hatch-Waxman and other complex litigation.

Prior to joining Axinn, Seth served as foreign law clerk to Justice Asher D. Grunis of the Supreme Court of Israel from 2011 – 2012. Seth also served as law clerk to the Honorable Randall R. Rader of the US Court of Appeals for the Federal Circuit from 2010-2011 and served as law clerk to the Honorable Christine O.C. Miller of the United States Court of Federal Claims from 2008-2009.  Seth is a graduate of Washington University in St. Louis, where he was an executive editor for the Washington University Journal of Law and Policy.

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Clerkships

  • Foreign Law Clerk to Justice Asher D. Grunis of the Supreme Court of Israel (2011 - 2012)
  • Law Clerk to the Honorable Randall R. Rader of the US Court of Appeals for the Federal Circuit (2010 - 2011)
  • Law Clerk to the Honorable Christine O.C. Miller of the United States Court of Federal Claims (2008 - 2009)

Professional Activities

  • Adjunct Professor, George Washington University Law School
  • Hearing Committee Member, District of Columbia Board on Professional Responsibility
  • Member, Federal Circuit Bar Association, Committee Co-Chair, Friedman Memorial Committee
  • American Bar Association, Section of Intellectual Property Law and Young Lawyers Division

Experience

  • Shire, LLC, et al v. Abhai, LLC, No. 1:15-cv-13909-WGY Defending Abhai LLC in patent action over patents related to a product containing amphetamine base salts (Adderall XR®)
  • Alcon Pharma. Et al. v. Par Pharmaceutical, Inc., No. 3:15-cv-07240 (PGS) Defending Par Pharmaceutical in a patent action over patents related to a product containing ciprofloxacin and dexamethasone (Ciprodex®). Matter settled.
  • Omeros Corporation v. Par Sterile Products, LLC and Par Pharmaceutical, Inc., No. 15-773 (RGA) (D. Del.) Defending Par Pharmaceutical in a patent action over patents related to a product containing phenylephrine and ketorolac (Omidria®). This case is ongoing.
  • Recro Gainesville LLC v. Alvogen Malta Operations Ltd., No. 14-11364 (GMS) (D. Del) Defending Alvogen Malta Operations, Ltd. in a patent action over patents related to products containing hydrocodone (Zohydro®). Matter settled.
  • Boehringer Ingelheim Pharmaceuticals Inc. et al v. Hec Pharm Co., Ltd. et al, 3:15-cv-05982-PGS-TJB (D.N.J.) Defending Zydus Pharmaceutical in a patent action over patents related to products containing linagliptin (Tradjenta® and Jentadueto®). This case is ongoing.
  • Mayne Pharma Int’l Pty Ltd. v. Merck & Co., Inc., No. 15-cv-00438 (D. Del.) Asserting patents in action relating to Merck’s Noxafil® posaconazole products). This case is ongoing.
  • Cloud Satchel, LLC v. Barnes & Noble, Inc., No. 13-942-SLR (D. Del.) Obtained summary judgment of invalidity on behalf of Barnes & Noble, Inc.
  • Zhu et al v. Boston Scientific Corporation and Cardiac Pacemakers, Inc., No. 14-542 (D. Del.) Represented Boston Scientific Corporation and Cardiac Pacemakers, Inc. in contract action.
  • Cochran v. Tax Analysts, Inc., No. 14-cv-1608 (E.D.Va) Represented plaintiff in employment action. Matter settled.
  • Mhaka v. GenSpera, Inc., Nos. MJG-12-772, MJG-12-3302 (D. MD.) Obtained summary judgment in favor of GenSpera.
  • Vascular Sols., Inc. v. Boston Scientific Corp., No. 13-1172 JRT/SER, (D. Minn.) Defended Boston Scientific in patent matter related to medical devices used during interventional cardiology procedures. Matter settled.
  • Briggs & Stratton Corp. v. Chongqing Rato Power Co., No. 13-CV-0316 LEK/ATB (N.D.N.Y.) Represented Briggs & Stratton in patent action related to lawn mower technology.
  • Cordis Corp. v. Boston Scientific Corp., No. 10-39 (D. Del.) Represented Boston Scientific in a patent infringement action involving cardiovascular stent geometry patent claims. At summary judgment, each asserted claim found not infringed.

Representative Appellate Matters

  • Vascular Sols., Inc. v. Boston Scientific Corp., No. 14-1185 (Fed. Cir.) Counsel of record for Boston Scientific on appeal reversing lower court’s entry of preliminary injunction.
  • Gator Tail, LLC v. Mud Buddy LLC, No. 14-1747 (Fed. Cir.) Counsel of record appealing lower court decision related to boat motor technology.
  • Cordis Corp. v. Boston Scientific Corp., No. 12-1647 (Fed. Cir.) Counsel of record for Boston Scientific on appeal affirming district court’s grant of summary judgment in favor of Boston Scientific.
  • GenSpera, Inc. v. Annastasiah Mudiwa Mhaka, No. 15-1059, 15-1060 (Fed. Cir.) Counsel of record for Appellee GenSpera on appeal affirming district court’s grant of summary judgment in favor of GenSpera.

Honors

Super Lawyers, Washington, DC Rising Stars (2014-2017)

Articles

Speaking Engagements

Education

  • JD – Washington University (2008)
  • MA, Biology – Washington University (2008)
  • BA, Biology – Grinnell College (2004)

Admissions

  • District of Columbia
  • US Court of Federal Claims
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the Fourth Circuit
  • US District Court for the Eastern District of Virginia
  • US District Court for the District of Columbia
  • Virginia