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Seth Sproul | Fish & Richardson

Seth Sproul | Fish & Richardson Skip to Main Content Why Fish Diversity, Equity & Inclusion Pro Bono & Social Responsibility Legal Operations Pricing Legal Project Management Knowledge Management eDiscovery Legal Technology Services Our People Services Litigation Patent Litigation Trademark, Copyright & Media Litigation Trade Secret Litigation Appellate ITC Litigation & Section 337 Standard Essential Patents Chancery & Corporate Governance Post-Grant Inter Partes Review Post-Grant Review Ex Parte Reexamination Supplemental Examination Patent Patent Prosecution Strategic Patent Counseling & Opinions Patent Portfolio Management Unitary Patent & Unified Patent Court IP Licensing, Transactions & Agreements Trademark & Copyright Counseling & Prosecution Strategic Counseling, Registration & Opinions Advertising & Marketing Domain Names & Internet TTAB Oppositions & Cancellations Digital Millennium Copyright Act Transactions & Agreements Regulatory & Government Affairs Communications & Spectrum Regulation Drug & Medical Device Regulation mHealth & Telemedicine Privacy & Data Security Industries Electrical & Computer Technology Software & Internet Hardware Semiconductors Consumer Electronics Optics Artificial Intelligence Digital Health Digital Media & E-Commerce Financial, Business & FinTech Services Telecommunications Energy & Chemicals Petrochemical Cleantech Life Sciences Biotech & Diagnostics Medical Devices Pharmaceuticals Academic Research & Medical Centers Transportation, Aerospace & Defense Manufacturing Autonomous Vehicles Insights Thought Leadership IP Law Essentials Post-Grant Annual Reports Webinars Podcasts Offices Careers News & Events Contact Us Seth M. Sproul Title Principal Offices San Diego Phone Numbers 858 678 4343 Email [email protected] Overview Insights Home People Seth M. Sproul People Overview

Seth Sproul is a seasoned trial lawyer who has experience in all aspects of complex patent and intellectual property litigation, including trade secret disputes, copyright actions, and RICO claims.

He has successfully handled trials in U.S. District Courts across the country and in hearings before the U.S. International Trade Commission. He recently co-chaired a trial where he invalidated a utility patent covering Columbia Sportswear’s Omni-Heat product lines representing hundreds of millions of dollars. This was also the first design patent damages trial under the Supreme Court’s Samsung v. Apple opinion allowing apportionment of damages for design patents.

Clients say that Seth’s approach is firm but reasonable because he eschews scorched-earth tactics in favor of identifying and focusing on issues that truly matter. He brings to every case a careful attention to detail and a desire to align the litigation strategy with clients’ business objectives. Seth’s practice spans multiple high-tech industries for market-leading clients in the cellular handset, software database, semiconductor, high-speed networking, and medical device fields. His recent cases have involved cutting-edge technical advancements in the 5G cellular industry, developing law relating to the determination of fair, reasonable, and non-discriminatory rates, and design patent damages.

Seth’s practice also involves counseling clients on licensing and patent due diligence matters, and in patent portfolio management. He has represented clients in high-stakes proceedings before the Patent Trial and Appeal Board. He also litigates complex trade secret matters in state and federal court, where he is able to use his extensive technical expertise to help clients resolve often difficult questions of trade secret theft and misappropriation.

Seth’s expertise is built on a foundation of rigorous technical achievement starting with a bachelor of science degree in nuclear engineering from Oregon State University. Before going to law school, he worked in fellowships at the Hanford Nuclear Reservation in Richland, Washington, performing Monte Carlo analysis for nuclear transport casks, and later for the Commissariat D’Etude Atomique in Cadarache, France.

Outside the office, Seth enjoys spending time with his wife and three kids. He is an avid cyclist and has completed the hundred miles of Levi’s Gran Fondo in Santa Rosa, California, three times. When the wind and swell are right, you can find him surfing in Encinitas.

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US Ethernet Innovations Inc. v. Acer et al. (E.D. Tex. and N.D. Cal.) – Defending Intel Corporation in litigation relating to Ethernet adapters.

Applied Signal v. ViaSat Inc. (N.D. Cal.) – Represented ViaSat in competitor suit relating to Satellite technology achieving successful settlement before trial.

ASUSTeK v. IBM (S.D. Cal.) – Represented computer manufacturer in assertion of patents relating to network devices and defense of patents relating to Ethernet adapters and vehicle control.

Veeco Instruments Inc., et al. v. Asylum Research Corporation (C.D. Cal.) – Represented Asylum Research in litigation relating to Atomic Force Microscopy.

Renesas v. Samsung (ITC) – Achieved favorable settlement for Samsung. Patents related to semiconductor process.

z4 Technologies, Inc. v. Microsoft Corp./Autodesk, Inc. (E.D. Tex., Tyler) – Represented Autodesk and Microsoft in litigation relating to software anti-piracy technology.

Lucent v. Gateway, Microsoft, et al. (S.D. Cal.) – Represented Microsoft in pending litigation relating to digital audio technology.

TypeRight Keyboard Corporation v. Microsoft Corporation (S.D. Cal.) – Represented Microsoft in action relating to ergonomic keyboards. Settled favorably.

Intel adv. Broadcom (D. Del. and E.D. Tex.) – Represented Intel in multiple cases relating to networking and 3D graphics technology.

Negotiated Data Solutions v. Intel (N.D. Cal.) – Represented Intel against patent assertion. Prevailed on appeal.

Predicate Logic v. Distributive Software – Achieved favorable settlement after prevailing at Federal Circuit for software design company in assertion of patent relating to automated software design analysis.

Jardin v. Datallegro (S.D. Cal.) – Represented Datallegro in successful defense against patent and theft of trade secret claims relating to database technology.

Expand Collapse Recognitions & awards

Best Lawyers in America

Best Lawyers 2020-2026

IAM Patent 1000

IAM 2020-2025

San Diego Lawyer of the Year for Intellectual Property Litigation

Best Lawyers 2022, 2024

Top Young Attorney

San Diego Daily Transcript 2008

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