- J.D., University of San Diego, 2002, magna cum laude, Order of the Coif, San Diego Law Review
- B.S. Electrical Engineering, California Polytechnic State University, San Luis Obispo, 1999
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Southern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California
- U.S. Court of Appeals for the Federal Circuit
- United States Patent and Trademark Office
Martin Bader is a partner in the Intellectual Property Practice Group in the firm's San Diego/Del Mar office.
Areas of Practice
Mr. Bader is an intellectual property litigator. He has obtained victories for many high technology clients at trial and on summary judgment in the District Courts throughout the United States. He has an Electrical Engineering degree and has litigated patents involving many diverse technologies, including the 2G, 3G, and 4G wireless standards, CDMA, WCDMA, UMTS, WiMAX, HSPA, Wi-Fi, GPS, USB modems, LTE, Bluetooth, GPS, Video and Audio compression, CDMA2000, wireless modems, Multi-media Messaging Service (MMS), Internet systems, web-browsers for wireless devices, software, Android OS, liquid crystal displays (LCD), and televisions. He has also litigated many cases relating to Standard Essential Patents ("SEPs") and/or FRAND commitments made to standard setting bodies.
Mr. Bader is also a registered patent attorney and counsels clients on intellectual property protection strategies, prosecutes patent applications and trademark registrations before the United States Patent and Trademark Office (USPTO), represents clients in Inter Partes Reviews, patent reexamination proceedings, and trademarks oppositions before the USPTO, and conducts IP due diligence for corporate transactions and acquisitions. He has filed and prosecuted patent applications for Fortune 100 companies and start-up companies in a wide variety of technology areas, including biometrics, medical devices, telecommunications, modems, video compression, LCD, analog and digital electronics, communications systems, network systems, GPS, computer software, Internet, radar systems, semiconductor, electro mechanical systems, mechanical systems, signal processing, and software.
- Best of the Bar 2015, San Diego Business Journal
Representative Patent Litigation Experience
- Internet Patents Corp. v. Active Network, Inc., the General Automobile Insurance Services, Inc., Permanent General Assurance Corp. of Ohio, QuinStreet, Inc., and Tree.com (Court of Appeals for the Federal Circuit & California, Northern Dist.)
Represented Tree.com in successfully invalidating asserted patent on Internet-browser functionality on an early motion to dismiss and sustaining favorable judgment on appeal.
- Gehegan v. Union Bank (S.D. of Cal.)
Represented Union Bank in an infringement action Copyright infringement for alleged use of training materials. The case was resolved during mediation on very favorable terms.
- Private Label Nutraceuticals v. Vox Nutrition (District of Utah)
Represented Plaintiff Private Label Nutraceuticals in an action for trademark infringement and Cybersquatting. The case was resolved after the Defendant Vox Nutrition agreed to transfer certain websites at issue in the case to my client.
- Ivera Medical Corporation v. Excelsior Medical Corporation (S.D. of Cal.)
Represented defendant in patent infringement litigation related to needleless luer access valves. Court granted summary judgment of invalidity in favor of defendant Excelsior Medical Corporation.
- Intellect Wireless v. HP/Palm (N.D. Ill.)
Represents Hewlett-Packard and Palm in a two patent lawsuit relating to sending pictures to a paging receiver. The accused technology is multimedia messaging service (MMS). Obtained summary judgment of no direct infringement and award for reimbursement of our clients' attorneys' fees and costs.
- Wi-LAN v. Alcatel (E.D. Tex.)
Represented HTC Corporation and HTC America, Inc. in a multi-patent lawsuit relating to 3G cellular technology, including HSDPA, HSUPA, and HSPA. After a six-day jury trial, obtained a complete defense verdict that HTC did not infringe the asserted patents and all of the asserted claims were invalid as anticipated and/or obvious.
- Honeywell v. Samsung SDI and Samsung Mobile Display (D. Del.)
Represented Samsung SDI and Samsung Mobile Display. On summary judgment, we invalidated the asserted patent relating to LCD modules based upon the on-sale bar after most of the industry licensed the patent-in-suit. On appeal, the Federal Circuit affirmed. We are currently seeking reimbursement of Samsung's attorneys' fees and costs.
- Intellect Wireless v. HTC (N.D. Ill.)
Represents HTC Corporation and HTC America, Inc. in a two patent lawsuit relating to sending pictures to a paging receiver. The accused technology is multimedia messaging service (MMS). After a four day bench trial, the court found the patents were unenforceable due to inequitable conduct. On appeal, the Federal Circuit affirmed. Subsequently, we obtained an award for reimbursement of HTC's attorneys' fees and costs against both the Plaintiff and its attorneys.
- Parallel Networks, LLC v. Abercrombie & Fitch Co. (E.D. Tex.)
Represented Sony Corporation of America and Sony Electronics Inc. in a patent lawsuit relating to executable online applets downloaded over the Internet. We obtained summary judgment of non-infringement on behalf of Sony and the case was dismissed with prejudice.
- Freeny, et al. v. HTC America, Inc. (E.D. Tex.)
Represented HTC America, Inc. in a four patent infringement lawsuit involving a multiple integrated machine system performing multiple digital functions from a single operating system. Favorable settlement reached.
- LendingTree v. Zillow, et al. (N.D. N.C.)
Represents LendingTree in an antitrust and patent infringement lawsuit involving a method and computer network for coordinating a loan over the Internet. Successfully defeated antitrust claims brought against LendingTree. The case is currently on appeal.
- TCL Communication Technology Holdings v. Telefonaktiebolaget LM Ericsson and Ericsson Inc. (C.D. Cal.)
Represents TCL Communication in breach of contract and declaratory judgment action relating to FRAND and the IPR policies of ETSI and 3GPP relating to 2G GSM/GPRS/EDGE, 3G UMTS and 4G LTE technology.
- Ericsson Inc. and Telefonaktiebolaget LM Ericsson v. TCL Communication Technology Holdings, et al. (E.D. Tex.)
Represents TCL Communication and TCT Mobile in a five patent infringement action relating to patents Ericsson’s has alleged cover aspects of cellular phone hardware and the Android OS. TCL has counter-sued on two patents relating to cellular network infrastructure and base stations.
- Smartphone Technologies v. TCL Communication Technology Holdings and TCT Mobile (E.D. Tex.)
Represented TCL Communication and TCT Mobile in a four patent lawsuit relating to PDA processors and operating system interfacing, and URL transmission and decoding.
- MLR, LLC v. TCL Communication Technology Holdings Limited (E.D. Va.)
Represents TCL Communication in a four patent infringement lawsuit involving Wi-Fi enabled and broadband-capable portable handsets.
- NovelPoint Tracking LLC vs. Hyundai Motor America (E.D. Tex.)
Represented Hyundai Motor America in patent lawsuit relating to GPS-based multimedia navigation systems. Negotiated favorable settlement for client in early stages of litigation.
- Wi-LAN v. HTC (E.D. Tex.)
Represented HTC Corporation and HTC America, Inc. in a multi-patent lawsuit relating to Wi-Fi, LTE, Wi-MAX and CDMA2000 (EVDO Rev. A) technologies. Obtained favorable settlement.
- NovelPoint Tracking v. TCT Mobile (E.D. Tex.)
Represented TCT Mobile in a patent lawsuit relating to GPS technology. Obtained favorable settlement.
- Millennium Labs v. Ameritox (S.D. Cal.)
Represented Millennium labs in a Lanham Act action for Trade Dress infringement.
- Wi-LAN v. Apple (E.D. Tex.)
Represented HTC America, Inc. in a multi-patent lawsuit relating to Wi-Fi, HSPA, LTE and CDMA2000 (EVDO Rev. A) technologies.
- Novatel Wireless v. Franklin Wireless (S.D. Cal.)
Represented Franklin Wireless, Inc. in a four patent lawsuit relating to wireless modems, USB modems, and Wi-Fi.
- Golden Bridge v. HTC (D. Del.)
Represented HTC Corporation and HTC America, Inc. in a two patent lawsuit relating to WCDMA 3G technology. Case was dismissed after summary judgment and trial victories in related cases.
- Wi-LAN v. PCD (E.D. Tex.)
Represented Personal Communication Devices, LLC (PCD) in a two patent lawsuit relating to Wi-Fi and CDMA2000 technologies. Obtained an extremely favorable settlement for PCD after filing three motions for summary judgment on PCD's behalf.
- UO! IP of Delaware v. HTC (D. Del.)
Represented HTC Corporation in a two patent lawsuit relating to language translation devices. Successfully negotiated an early license on extremely favorable terms.
- Datascape, Inc. v. Kyocera Wireless (N.D. Ga.)
Represented Kyocera Wireless in a six patent infringement action. The accused technology relates to data communications and Internet access in wireless devices.
- Mediatek v. Sanyo (E.D. Tex.)
Represented Mediatek in a three patent lawsuit and obtained a favorable settlement valued at over $200 million by our client. The asserted patents related to integrated chipset solutions for conversion of television display signals, audio encoding, and compression of video and audio data in video cameras, DVD recorders and cellular phones.
- Datascape, Inc. v. Sony Ericsson (N.D. Ga.)
Represented Sony Ericsson in a six patent infringement action. The accused technology relates to data communications and Internet access in wireless devices.
- Apcon v. MRV Communications (C.D. Cal.)
Represented MRV Communications, a leading provider of telecommunications equipment. After Apcon threatened MRV's customers and sued MRV for patent infringement, we countersued with claims of patent misuse, inequitable conduct, and unfair competition. Within 10 months, Apcon surrendered its patent suit by agreeing to a no payment walk-away settlement and agreed to issue a press release stating that MRV's products do not infringe any Apcon patent and that MRV's customers can conduct business without fear of reprisal from Apcon.
- U.S. Supreme Court Agrees to Hear Two Cases That Could Potentially Deter Non-Practicing Entities from Filing Frivolous Suits, The IP Litigator, Vol. 19, No. 6 (Nov./Dec. 2013)
- Section 315 Estoppel in Inter Partes Reexaminations, Bettcher Industries, Inc. v. Bunzl USA, Inc. (Fed. Cir., Oct. 3, 2011)
- Strategic Use of Reexamination During Patent Litigation, BNA Patent, Trademark & Copyright Journal (October 23, 2009)
Intellectual Property Law Blog Posts
- "Versata Software, Inc. v. Callidus Software, Inc.: Guidance on Stays Pending Post-Issuance Proceedings," November 24, 2014
- "Federal Circuit Affirms Inequitable Conduct Determination Under Therasense "But For" Exception and Reaffirms Significance of Rohm & Haas," October 9, 2013
- "Belkin International, Inc. v. Kappos - A Cautionary Tale in the Intricate Arena of Inter Partes Reexamination," October 10, 2012
- "Federal Circuit Avoids Central Joint Infringement Question and Articulates New Standard For Inducement," September 20, 2012
- "Federal Circuit Declines to Adopt Test for Patent Eligibility Set Forth in CLS Bank," August 17, 2012
- "Calcar and Thorner: Attempting to Reconcile the Federal Circuit's Claim Construction Jurisprudence," July 23, 2012
- "CLS Bank: The patent eligibility of computerized trading platforms for exchanging obligations," July 18, 2012
- "Courts to play greater role moderating enhanced damages for willful patent infringement," July 3, 2012
- "Federal Circuit Extends ResQNet and Allows Discovery of Settlement Negotiations," April 20, 2012
- Law360, July 21, 2015
- Legal Times (Korea), March 5, 2015
- Instructor at PLI's Fundamentals of Patent Prosecution 2011, 2012
- American Intellectual Property Law Association
- San Diego Intellectual Property Law Association
- Federal Bar Association