Sean O’Hara

Practice Areas and Experience

Sean O’Hara represents clients in a wide range of matters, focusing on intellectual property litigation and complex commercial disputes. He frequently handles issues involving patent infringement, trademark infringement, trade secrets misappropriation, domain name disputes, and business torts.

Sean’s trial and arbitration experience includes alleged trade secrets misappropriation, restrictive post-employment covenants, equity acquisition disputes, and severe injury product liability. His extensive experience in pretrial advocacy and discovery matters includes briefing and arguing several dispositive motions; taking and defending numerous expert witness, corporate representative and fact witness depositions; and handling most other aspects of pretrial litigation. Sean’s appellate experience includes oral argument before the Ninth Circuit and special actions in the Arizona Court of Appeals.

Representative Cases and Clients

First-chaired arbitration hearing for international nutritional supplement company; obtained award of all requested damages.
First-chaired jury trial in multi-million dollar dispute; obtained complete defense verdict.
Represented renewable energy equipment company in series of patent and other intellectual property enforcement actions.
Defended consumer products company in patent and trade dress infringement actions.
Represented national biotechnology companies in trade secret, patent, and non-competition litigation.
Represented a national health and wellness company in federal and state lawsuits concerning right of publicity and business torts.
Represented a national consulting firm in lawsuit alleging joint venture and misappropriation of a proprietary business plan.
Represented a manufacturer of renewable energy products in lawsuits with distributors.
Represented a software company in trade secrets misappropriation litigation against former contractors who launched competing product.
Represented an aerospace component manufacturer in trade secrets misappropriation litigation concerning hiring of competitor’s employee.
Represented a medical consulting company in trademark infringement lawsuit against medical device company.
Represented purchasers of in-home care business in lawsuit with sellers.
Obtained dismissals in federal and state court based on plaintiffs’ failure to preserve evidence.

Professional Recognition

Litigation Counsel of America – Fellow
Martindale-Hubbell – AV rated
The Best Lawyers in America – Intellectual Property Litigation, 2017-2025
Southwest Super Lawyers – Intellectual Property Litigation 2022-2024
Southwest Rising Stars – Intellectual Property Litigation, 2013, 2015-2021

Professional Experience

Kercsmar & O’Hara PLLC, Scottsdale, Arizona, Partner (2023- present)
Kercsmar Collins & O’Hara PLLC, Scottsdale, Arizona, Partner (2013-2023)
Snell & Wilmer L.L.P., Phoenix, Arizona, Associate (2006-2013)
Barber Emerson L.C., Lawrence, Kansas, Law Clerk (2004-2006)
United States District Court for the District of Kansas, Intern to Hon. John W. Lungstrum (2004)

Education

University of Kansas School of Law (J.D.)
Articles Editor, Kansas Law Review
Order of the Coif
Academic Committee
Arizona State University (B.A., Political Science)
National Merit Scholar

Court Admissions

Supreme Court of Arizona
United States District Court, District of Arizona
United States Court of Appeals, Ninth Circuit
United States Court of Appeals, Federal Circuit

Publications

Arizona’s First American Inn of Court Proud to Be Named for Sandra Day O’Connor, The Bencher (July/August 2016)
Annual Review of Developments in Business and Corporate Litigation, Contributing Author, ABA Intellectual Property Chapter (2009-2016)
Figuring the Fine for False Patent Marking: How Should a Court Determine the Amount?, Co-Author, ABA Landslide magazine (May/June 2011)
Product Liability Desk Reference: A Fifty-State Compendium, Contributing Author, Arizona Chapter (2009 ed.)
The Posse Comitatus Act Applied to the Prosecution of Civilians, 53 U. Kan. L. Rev. 767 (2005)

Community Involvement

Mr. O’Hara is a graduate of Scottsdale Leadership Class XXXI. He has served as the president of the Sandra Day O’Connor American Inn of Court and the Arizona State University Young Alumni Council, and has served as a member of the vestry at Saint Barnabas on the Desert. In the fall, he is often found coaching his son’s rec soccer team.

Personal

Sean was born in Omaha, Nebraska, grew up in Overland Park, Kansas, and has been a proud Scottsdale resident for over fifteen years. He and his wife Amy have two children.