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Christian J. Martinez specializes in intellectual property and dispute resolution. He has broad experience in matters involving federal and state litigation, technology, trade secrets, business torts and international disputes, including significant experience in patent litigation. Mr. Martinez is recognized for the results he has obtained in patent cases in the Northern District of California, was invited to speak at the IP Counsel Cafe in Palo Alto, and was a contributing author for Lexis-Nexis on federal pretrial litigation. He also commits a substantial part of his time to pro bono representation.
Before joining Donahue Gallagher Woods LLP, Mr. Martinez was General Counsel of Wordtech Systems, Inc., a patent licensing company, and oversaw its intellectual property litigation, acquisition, and patent enforcement in state and federal courts throughout the United States. In a recent jury trial for a complex patent case, Mr. Martinez obtained a 25 percent royalty rate, trebled damages, and an award of attorneys fees.
Mr. Martinez received a bachelor’s degree from the University of California, Davis, and earned a J.D. from the University of San Francisco School of Law in 2001. He is admitted to all California District Courts, the Ninth and Federal Circuit Courts of Appeal, and the U.S. Supreme Court. Mr. Martinez is conversant in Spanish and French.
The following are some of Mr. Martinez’ notable intellectual property cases:
* Mediatechnics Systems, Inc. v. Wordtech Systems Inc. et al, Northern District of California, (2007) (Hon. Alsup), Patent Infringement, Inequitable Conduct, Breach of Contract and Fraud Claims. Successfully moved to dismiss all claims against Wordtech, leading to a favorable settlement and judgment of validity and infringement.
* Wordtech Systems Inc. v. Microtech Systems, Inc., Northern District of California, (2008), Patent Infringement, Inequitable Conduct, Invalidity Defenses. Asserted patents against competitor in Northern District of California (Hon. Patel) leading to a favorable settlement.
* Wordtech Systems v. Integrated Network Solutions Corp. et al., Eastern District of California, (2008) (Hon. England), Patent Infringement jury trial and Markman hearing. Obtained unanimous jury verdict, post-trial treble damages and attorneys fees award and pre-judgment interest.
* Wordtech Systems v. Integrated Network Solutions Corp. et al., United States District Court for the Federal Circuit (2009), Briefed and argued before Judges Linn, Garjarsa, and Mayar, in Washington D.C.
* Wordtech Systems v. Microboards Manufacturing, LLC et al., Northern District of California (2009) (Hon. Illston), Patent Infringement, Inequitable Conduct, and Invalidity/Unenforceability Claims. Successfully oversaw patent re-examination proceedings. Refuted contentions of patent invalidity under 35 U.S.C. §102(b).
* Wordtech Systems and Quintel Research Group LLC v. Sony Computer Entertainment of America (2010), Patent Infringement and Invalidity Defenses, leading to a successful resolution
* ProconGPS v. Star Sensor et al., Northern District of California (2011) (Hon. Illston), Patent Infringement action involving methods to employ GPS technology. Litigated Invalidity defenses and successfully moved to dismiss unfair competition counterclaim.
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