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.
- 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)
- 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
- 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.
Super Lawyers, Washington, DC Rising Stars (2014-2017)
- Axinn Attorneys Named in Super Lawyers® 2017
- Axinn Successfully Obtains Dismissal of Certain Patent Claims asserted against Zydus Pharmaceuticals in Boehringer Ingelheim Pharmaceuticals, Inc. v. HEC Pharma Co., Ltd.
- Axinn Attorneys Named in Super Lawyers® 2016
- Axinn Honored with Outstanding Achievement Award
- End of Laches Might Increase Declaratory Judgement Actions, IP Watchdog, June 19, 2017
- How a Supreme Court Ruling on Printer Cartridges Changes What it Means to Buy Almost Anything, The Washington Post; Los Angeles Times, May 31, 2017
- How Fed. Circ. Views Obviousness-Type Double-Patenting, Law360, October 1, 2015
- Section 101 Requires Something More . . . But How Much More?, The Report, Fall 2015
- John E. Nilsson and Seth I. Heller "Supreme Court Deference to District Courts in Patent Cases" Corporate Counsel, July 11, 2014
- Roberta L. Horton and Seth I. Heller "What's in a Name? Trade Name Protection Under the Uniform Domain Name Dispute Resolution Policy" Bloomberg BNA's Electronic Commerce & Law Report, April 23, 2014
- Nathan A. Evans and Seth I. Heller "Insider Analysis: India's Indecision - How to Provide Pharma Companies with Clinical Trial Data Exclusivity" PharmaAsia News, September 17, 2007
- James G. Taylor VI, Delia C. Tang, Sharon A. Savage, Susan F. Leitman, Seth I. Heller, Graham R. Serjeant, Griffin P. Rodgers and Stephen J. Chanock "Variants in the VCAM1 Gene and Risk for Symptomatic Stroke in Sickle Cell Disease" Blood, August 15, 2002
- JD – Washington University (2008)
- MA, Biology – Washington University (2008)
- BA, Biology – Grinnell College (2004)
- 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