Martin Bader is an experienced intellectual property trial lawyer and registered patent attorney who has obtained numerous high-profile victories for technology clients at trial and on summary judgment in district courts throughout the U.S. and at the International Trade Commission (ITC). He is nationally recognized for his work in high-stakes standard-essential patent (SEP) disputes.
Clients rely on Martin’s background in electrical engineering and technology to litigate highly complex patents and to successfully resolve cases involving diverse technologies, with a focus on:
- Video codec standards (e.g., H.264, H.265, AV1, VP 9, MPEG, MQA and others), published by the ITU
- Cellular standards – 2G, 3G, 4G and 5G (e.g., GSM, GPRS, EDGE, CDMA, WCDMA, UMTS, WiMAX, HSPA, CDMA2000, and LTE) published by ETSI
- Wi-Fi standards, published by the IEEE
He has also litigated patent disputes over a wide range of technologies, including GPS, Bluetooth, USB modems, wireless modems, multimedia messaging service (MMS), internet systems, web-browsers for wireless devices, Android OS, liquid crystal displays (LCD) and televisions.
Having served as lead counsel in some of the most closely watched SEP cases—including TCL v. Ericsson, Continental v. Avanci, Nokia v. Amazon, and u-blox v. InterDigital—Martin has been on the front lines of the legal adjudication of key questions including how FRAND/RAND royalties are calculated, whether upstream suppliers can demand licenses and the role of antitrust law, the availability of exclusion orders for multimedia SEPs, the intersection of FRAND/RAND commitments and antitrust claims and the proper royalty base, valuation methods and non-discrimination principles in SEP licensing. Collectively, these matters shape the legal and economic framework for global SEP enforcement.
Martin is also highly skilled at conducting post-grant proceedings before the U.S. Patent and Trademark Office (USPTO), including as lead counsel in inter partes reviews (IPRs) and ex parte reexaminations.
In his free time, Martin enjoys playing soccer and skiing.