Sean D. Flaherty

Sean Flaherty is a Partner whose practice includes litigation as well as advice and strategic counseling. As a registered patent attorney, Sean’s particular expertise is in the area of intellectual property. However, as intellectual property issues have taken on greater importance in all types of business, Sean has served clients in varying industries, including consumer products, industrial technologies, e-commerce, as well as sports and entertainment.

Sean ’s intellectual property practice focuses on both litigation and prosecution. In the context of litigation, Sean has assisted clients in resolving matters pre-suit, prepared initiating and responsive pleadings, obtained and defeated temporary restraining orders and preliminary injunctions, obtained early dismissals, and has briefed and argued matters on the merits, including claim construction, summary judgment, and motions in limine. Sean also has extensive experience managing large and difficult discovery sets, including hotly contested e-discovery issues and pursuing and opposing efforts to exclude expert witnesses. Sean’s litigation experience includes patent, trademark, copyright, and trade secret matters as well as more traditional breach of contract and business disputes. Sean has obtained multimillion-dollar judgments and recovered prevailing party attorneys’ fees for his clients.  Sean also regularly handles matters before governmental agencies including the International Trade Commission, the Patent Trial and Appeal Board, and the Trademark Trial and Appeal Board.

Sean’s patent prosecution practice aims to assist clients in building and maintaining their intellectual property portfolios. With a Bachelor’s of Science in Civil Engineering, Sean’s technical background assists him in formulating real-world applications of highly technical subject matter. He works closely with clients to develop strategies to maximize the value of their IP, whether through acquisition, licensing, or enforcement.

Sean counsels clients through business events, including manufacturing, distribution, and licensing transactions. His industry experience includes e-commerce, apparel manufacturing, sports and entertainment, medical devices, heavy industrial, and consumer products. Sean has negotiated, structured, and formalized manufacturing and supply agreements, asset purchases, branding collaborations, strategic alliances, and technology licenses.

Admissions

• California
• U.S. District Court, Central and Southern Districts of California
• U.S. Court of Appeals, Federal Circuit
• U.S. Patent and Trademark Office

Memberships

• San Diego County Bar Association
• California Bar, Intellectual Property Section
• Louis M. Welsh American Inn of Court
• Irish American Bar Association

Community Involvement

• San Diego Yacht Club
• Mission Bay Boat and Ski Club

• Represented defendant against claims of patent infringement. Novatel Wireless, Inc. et. al v. Franklin Wireless Corp. et. al., 3:10-cv-02530 (S.D.Cal., 2010).
• Successfully pursued claim for trademark infringement on behalf of non-profit breast cancer foundation. The Keep A Breast Foundation v. Seven Group, et. al. 3:11-cv-00570. (S.D. Cal., 2011). 
• Represented defendants against claims of patent infringement related to gimbal stabilization technology. David Grober v. Mako Products Inc. et. al., 2:04-cv-08604 (C.D.Cal., 2004).
• Represented defendant against claims of trademark infringement. Farber v. McNamara et. al. 3:13-cv-03140 (S.D.Cal., 2013).
• Obtained order mandating recovery and transfer of domain name from infringer to trademark holder. Renovation Realty Inc. v. Esplanade 3:13-cv-00396 (S.D. Cal., 2013).
• Pursued claim of fraud on the USPTO; resolved dispute regarding rights contested trademark between equine suppliers. Professional's Choice Sports Med. Prods. v. Eurow & O'Reilly Corp., 2014 U.S. Dist. LEXIS 17494, *31 (S.D. Cal. Feb. 10, 2014).
• Represented defendant against claims of patent and copyright infringement. Leisure Concepts Inc. v. California Home Spas Inc., 2:14-cv-00388 (E.D.Wash., 2014).
• Represented plaintiff in declaratory judgment action against allegations of false advertising under the Lanham Act. Obesity Research Institute, LLC v. Fiber Research International, LLC et. al. 3:15-cv-00595 (S.D.Cal., 2015).
• Represented defendant against claims of false advertising under the Lanham Act. Natural Alternatives International, Inc. v. Creative Compounds, Inc. 3:15-cv-02081 (S.D.Cal., 2015).
• Represented defendant against claims of trademark infringement. Brawn LLC v. 5.11, Inc. 2:16-cv-02227 (D.N.J., 2016).
• Represented plaintiff in pursuing claims of trademark infringement. 5.11, Inc. v. Under Armour, Inc., 3:16-cv-00631 (S.D.Cal., 2016).
• Pursued Lanham Act claims for false advertising against competitor. Julian Bakery, Inc. v. Healthsource International, Inc. 3:16-cv-02594 (S.D.Cal., 2016).
• Represented defendant in patent infringement litigation. Intellicheck Mobilisa, Inc. v. Honeywell International, Inc. 2:16-cv-00341 (W.D.Wash., 2016).
• Represented defendant plumbing supply manufacturer in patent infringement litigation. Danco, Inc. v. Fluidmaster Inc., 5:16-cv-00073 (E.D.Tex., 2016).
• Represented plaintiff plumbing supply manufacturer in trademark infringement litigation. Fluidmaster, Inc. v. Danco, Inc. et. al., 8:17-cv-02013 (C.D.Cal, 2017).
• Represented plaintiff in trademark infringement litigation. Renovation Realty, Inc. v. Renovation and Design, Inc. et. al 3:18-cv-00723 (S.D.Cal., 2018).
• Represented plaintiff auto racing sanctioning body in copyright infringement litigation against competitor. National Auto Sport Association, Incorporated v. Gridlife, LLC 5:18-cv-00851 (C.D.Cal., 2018).
• Pursued patent infringement claims on behalf of fitness equipment manufacturer against competitor. Hoist Fitness Systems v. TuffStuff Fitness International, Inc. 5:17-cv-01388 (C.D.Cal., 2017).
• Obtained dismissal via terminating sanctions in favor of Defendant against claims of copyright, trademark, and trade dress infringement. Washoutpan.com, LLC v. White Cap L.P., 2:19-cv-00494 (C.D.Cal., 2019).
• Represented defendant against claims of patent infringement relating to voice command interfaces for cameras. Cutting Edge Vision LLC v. HTC Corporation et. al. 2:20-cv-01618 (W.D.Wash., 2020).
• Represented crossclaim defendant against allegations of contractual indemnity. Matthew Elias v. Spotify USA Inc. et. al. 2:20-cv-08530 (C.D. Cal., 2020).
• Obtained dismissal on Rule 12(b)(6) motion of claims alleging trade secret misappropriation. TGG Management Company Inc. v. Petraglia et. al. 19-cv-02007 (S.D.Cal., 2019).
• In action asserting trademark infringement, breach of contract and other allegations, obtained dismissal of many claims vial Rule 12(b)(6) motions, followed by settlement and joint dismissal. Agency Y LLC v. DFO Global Performance Limited, 8:20-cv-01716 (C.D.Cal. 2020).
• Obtained order of dismissal in favor of defendants due to lack of personal jurisdiction., Xped LLC v. The Entities Listed on Exhibit 1, 1:21-cv-06440 (N.D.Ill., 2021).
• Defended US Figure Skating and Olympic figure skaters against claims of copyright infringement. Twelve Sixty LLC et. al. v. Comcast Corporation et. al. 8:22-cv-00255 (C.D.Cal., 2021).
• Represented Plaintiff in pursuing trademark and copyright infringement claims. Wellness Brands v. Killer Beez LLC, 2:22-cv-00028 (E.D.Ky., 2022).
• Represented Defendant solar energy installer against claims of copyright infringement. Craig Schmitman v. Synergetic LLC 2:22-cv-06350 (C.D.Cal., 2022).
• Obtained order compelling arbitration of class action complaint alleging violation of Fair Credit Reporting Act, followed by dismissal. Mejia v. Truthfinder, LLC 3:22-cv-01010 (S.D.Cal., 2022).
• Obtained dismissal on Rule 12(b)(6) motion of class action complaint alleging violations of Video Privacy Protection Act. Hunthausen v. Spine Media, LLC 3:22-cv-01970 (S.D.Cal., 2022).
• Representing Plaintiff in trademark and trade dress dispute alleging infringement by former distributor of ice cream manufacturer. Jackson Holding Company, LLC v. Carmela Foods Distributing, Inc. 2:22-cv-12713 (E.D.Mich., 2022).
• Representing Plaintiff in copyright and false designation dispute alleging infringement by competitor of e-commerce retailer. Enlightened Today LLC v. Soulmatemedium, LLC  2:23-cv-00985 (W.D.Wash., 2023).
   

Publications

• Supreme Court Refuses to Wade into Federal Circuit Claim Construction Precedent, GRSM IP Blitz (2021)
• The Tightrope Between First Amendment Violations and Lawful Regulation of Vulgar Trademarks, GRSM IP Blitz (2019)
• The Lanham Act Meets Haute Couture, 19 J. Contemp. Legal Issues 333 (2010)
• Application Strategies for Concurrent Use Registration, 19 J. Contemp. Legal Issues, 152 (2010)

Education

J.D., University of San Diego School of Law, 2010

• INTA Western Regional Moot Court Competition, Best Oral Argument
• CALI Award for Highest Grade, Mergers and Acquisitions
• Journal of Climate and Energy Law (JCEL), Executive Board Member

B.S., Civil Engineering, Santa Clara University, 2007