Sean Marshall

An engineer by mindset and training, and a lawyer by trade, Sean has been able to satisfy his love of learning how the world works by focusing on trial work requiring a sophisticated understanding of science. Sean’s analytical problem-solving skills and technical acuity, combined with a comprehensive understanding of the law, lead to creative legal and business solutions for his clients. His technical aptitude allows him to work with clients and experts to learn new, complex technologies quickly. He is then able to distill that information into clear, compelling advocacy. His thoughtful immersion into technical issues allows him to both address potential weaknesses in his clients’ cases and expose subtle—but often fatal—flaws in his adversaries’ analyses. While Sean takes advantage of his science background as much as possible, he also has experience in all aspects of more general business litigation and intellectual property.

Sean’s experience spans Federal Districts across the country, including N.D. Cal., E.D. Tex., the Federal Circuit, P.T.A.B., and T.T.A.B. and includes the presentation of experts providing complicated chemical analyses at trials worth upwards of $500 million. In addition, he has prepared briefs on dispositive issues that have led to findings of non-infringement and patent invalidity on summary judgment, disqualification of experts under Daubert, judgment as a matter of law of non-infringement, and the grant of a preliminary injunction. He also successfully defeated a large brewery’s attempts to cancel a small business’s trademark registration in front of the Trademark Trial and Appeal Board and on appeal at the Federal Circuit. Outside the courtroom, he has consulted with his clients’ engineers to help design around competitors’ patents and has negotiated favorable settlements in traditional business contract disputes.

Prior to attending Stanford Law School, Sean received a broad-based technical education at Duke University where he earned a double major in biomedical and electrical engineering. While at Duke, he developed prototypes for improvements in fiber optic probes used in ocular surgery in conjunction with the Duke University Eye Center. He later teamed with a professor of biomedical engineering, a radiologist, and a plastic surgeon to develop software for identifying cranial abnormalities in infants.

Sean’s education has come in handy, as many of his matters have concerned technologies in the biomedical and electrical engineering fields, including drug-eluting stents, contact lenses, glucose monitoring devices, voice recognition technology, database search technology, and cellular location technology. He has also enjoyed learning from and working with experts from top universities and industry in a variety of disciplines, such as analytical chemistry, chemical engineering, communications systems, and computer science.

When he’s not busy learning the science behind his latest case, Sean enjoys running the “trails” of Brooklyn, playing guitar, and otherwise hanging out and travelling with his wife and daughter.

Education

Stanford Law School, J.D., 2008

Duke University, B.S.E., 2004
Biomedical / Electrical Engineering
summa cum laude

Bar Admissions

(Attorney is admitted only in the states and jurisdictions listed)
New York
S.D.N.Y.
Federal Circuit
United States Patent and Trademark Office