MartinBader

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Martin Bader

Overview

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.


Experience

Representative Patent Litigation Experience

  • Continental Automotive Systems, Inc. v. Nokia (Chancery Court, Delaware). Co-lead counsel for Continental Automotive Systems, Inc. in a breach of contract and declaratory judgment lawsuit seeking the determination and imposition of FRAND licensing terms in action challenging refusal to license alleged standard essential patents (SEPs) relevant to the 2G, 3G and 4G cellular standards on FRAND terms and conditions.
  • Continental Automotive Systems, Inc. v. Avanci, LLC (N.D. Tex.). Co-lead counsel for Continental Automotive Systems, Inc. in a lawsuit seeking declaratory relief for determination of breach of antitrust laws and imposition of FRAND licensing terms in action challenging refusal to license alleged standard essential patents relevant to cellular standards on FRAND terms and conditions.
  • TCL Communication Technology Holdings v. Telefonaktiebolaget LM Ericsson and Ericsson Inc. (C.D. Cal.). Co-lead counsel for TCL Communication in breach of contract and declaratory judgment action relating to FRAND and the IPR policies of ETSI and 3GPP relating to alleged SEPs for 2G GSM/GPRS/EDGE, 3G UMTS and 4G LTE technology. The case was named a "Milestone Case of the Year" by Managing Intellectual Property
  • Galas v. Alere Inc. (California, Superior Court, San Diego, Central Div.). Lead counsel for shareholder representative in merger contract dispute concerning patented and FDA-approved molecular diagnostics and point-of-care technologies and related know-how.
  • In Re Certain LTE and 3G Compliant Cellular Communication Devices (International Trade Commission). Represented HTC Corporation and HTC America, Inc. in a five-patent ITC investigation relating to LTE- and 3G-compliant cellular communications devices.
  • Lenovo (United States) Inc. et al v. IPCom GmbH & Co., KG (N.D. Cal.). Lead counsel for Lenovo (United States) Inc. and Motorola Mobility, LLC in a breach of contract lawsuit involving the failure by defendant to license standard-essential patents on FRAND terms and conditions.
  • American Patents LLC v. MediaTek, Inc. et al (W.D. Tex.). Lead counsel for Lenovo (Shanghai) Electronics Technology Co. Ltd. and Lenovo Group Ltd. in a four-patent lawsuit relating to on-chip service capabilities used in integrated circuits.
  • Uniloc 2017 LLC v. Motorola Mobility, LLC (Delaware). Lead counsel for Motorola Mobility, LLC in a five-patent lawsuit, relating to certain wireless network technologies.
  • Progressive Fastening Systems, Inc. v. VeloBond, Inc. et al, (C.D. Cal.). Lead counsel for Progressive Fastening Systems, Inc. in a case involving misappropriation of trade secrets, breach of contract, unfair competition, conversion, intentional interference with an economic advantage, intentional interference with contractual relations, and civil conspiracy.
  • San Diego County Credit Union v. Citizens Equity First Credit Union (S.D. Cal.). Lead counsel for San Diego County Credit Union in a trademark lawsuit, seeking a declaratory judgment of non-infringement and invalidity of the federally registered mark CEFCU. NOT A BANK. BETTER. and the asserted common-law mark NOT A BANK. BETTER, as well as for false registration and unfair competition.
  • American Patents LLC v. TCL Corp. et al, (E.D. Tex.). Represented TCL entities in a seven-patent lawsuit involving various technologies used in “smart” devices.
  • u-blox AG et al v. Interdigital, Inc. et al (S.D. Cal.). Represented u-blox AG, u-blox San Diego, Inc. and u-blox America, Inc. in breach of contract and declaratory judgment action relating to FRAND and the IPR policies of ETSI and 3GPP relating to alleged standard-essential patents for 2G, 3G and 4G mobile cellular technologies.
  • u-blox AG et al v. Sisvel International S.A. et al (S.D. Cal.). Represented u-blox AG, u-blox San Diego, Inc. and u-blox America, Inc. in breach of contract and declaratory judgment action relating to FRAND and the IPR policies of ETSI and 3GPP relating to alleged standard-essential patents for 2G, 3G and 4G mobile cellular technologies.
  • Evolved Wireless v. HTC (Delaware). Lead counsel for HTC Corporation and HTC America, Inc. in a five-patent lawsuit relating to Standard Essential Patents (SEPs) alleged to cover the LTE standard. HTC asserted a counter-claim for breach of contract alleging that Evolved Wireless has failed to license its patents on Fair, Reasonable and Non-Discriminatory (FRAND) terms. Ultimately, HTC prevailed in the case by invalidating the patents and by proving a license defense.
  • Rosetta Wireless v. HTC (N.D. of Illinois). Represents HTC Corporation and HTC America, Inc. in a patent lawsuit relating to storage of data files in mobile wireless devices.
  • Intellect Wireless v. HTC (N.D. Ill.). Represented HTC Corporation and HTC America, Inc. in a two-patent lawsuit relating to sending pictures to a paging receiver. The accused technology is a 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 of $4.1 million for reimbursement of HTC's attorneys' fees and costs against both the plaintiff and its attorneys.
  • 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.
  • Parallel Networks, LLC v. Abercrombie & Fitch Co. (E.D. Tex.). Lead counsel for 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.
  • 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.
  • Gehegan v. Union Bank (S.D. of Cal.). Lead counsel for Union Bank in a 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). Lead counsel for 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 our client.
  • Intellect Wireless v. HP/Palm (N.D. Ill.). Represented 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 an award for reimbursement of our clients' attorneys' fees and costs.
  • Ivera Medical Corporation v. Excelsior Medical Corporation (S.D. of Cal.). Represented defendant in patent infringement litigation related to needleless access valves. Court granted summary judgment of invalidity in favor of defendant Excelsior Medical Corporation.
  • 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.
  • 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.
  • 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.
  • NovelPoint Tracking LLC vs. Hyundai Motor America (E.D. Tex.). Represented Hyundai Motor America in a 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.). Lead counsel for 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.). Lead counsel for 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 and Sony Ericsson (N.D. Ga.). Represented Sony and 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.
  • 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.

Representative Post-Grant Proceeding Experience Before the USPTO

Inter Partes Review

  • Motorola Mobility LLC v. Uniloc 2017 LLC, IPR2020-00038, Represented Motorola Mobility LLC in challenging the validity of U.S. Patent 6,868,079. Petition was instituted on all asserted grounds.
  • HTC Corporation and HTC America, Inc. et al v. INVT SPE LLC, IPR2018-01472, Represented HTC Corporation and HTC America, Inc. in challenging the validity of U.S. Patent 6,466,563. Petition was instituted on all asserted grounds and all challenged claims were invalidated.
  • HTC Corporation and HTC America, Inc. et al v. INVT SPE LLC, IPR2018-01475, Represented HTC Corporation and HTC America, Inc. in challenging the validity of U.S. Patent 7,760,815. Petition was instituted on all asserted grounds and all challenged claims were invalidated.
  • HTC Corporation and HTC America, Inc. et al v. INVT SPE LLC, IPR2018-01476, Represented HTC Corporation and HTC America, Inc. in challenging the validity of U.S. Patent 7,764,711. Petition was instituted on all asserted grounds and all challenged claims were invalidated.
  • TCL Corporation et al. v. Telefonaktiebolaget LM Ericsson, No. IPR2015-1583. Lead counsel representing petitioner TCL in challenging the validity of U.S. Patent No. 6,418,310, a patent directed to the control programs for wireless communication devices. Petition was instituted on all asserted grounds and all challenged claims were invalidated.
  • TCL Corporation et al. v. Telefonaktiebolaget LM Ericsson, Nos. IPR2015-1584 and IPR2015-1600. Represented petitioner TCL in challenging the validity of U.S. Patent No. 6,029,052, a patent directed to multimode direct conversion receiver circuitry. Petitions were instituted on all asserted grounds and all challenged claims were invalidated.
  • TCL Corporation et al. v. Telefonaktiebolaget LM Ericsson, No. IPR2015-1602, IPR2015-1637, IPR2015-1641, IPR2015-1646, IPR2015-1674, IPR2015-1676, IPR2015-1761 and IPR2015-1806. Represented petitioner TCL in challenging the validity of U.S. Patent No. RE43,931, a patent directed to contact-sensitive transducers for controlling a GUI on a mobile phone. Petitions were instituted on all asserted grounds and all challenged claims were invalidated.
  • TCL Corporation et al. v. Telefonaktiebolaget LM Ericsson, Nos. IPR2015-1605 and IPR2015-1622. Lead counsel representing Petitioner TCL in challenging the validity of U.S. Patent No. 7,149,510, a patent directed to access control for application software. Petitions were instituted on all asserted grounds.
  • TCL Corporation et al. v. Telefonaktiebolaget LM Ericsson, Nos. IPR2015-1650, IPR2015-1772, and IPR2015-1878. Lead counsel representing petitioner TCL in challenging the validity of U.S. Patent No. 6,535,815, a patent directed to using quality-of-service parameters in A-GPS for mobile terminals. Petition was instituted on all asserted grounds and all challenged claims were invalidated.
  • HTC Corporation, and HTC America, Inc. et al. v. Evolved Wireless LLC IPR2016-00758. Represented petitioner HTC in challenging the validity of U.S. Patent No. 8,218,481 and was instituted on all asserted grounds.
  • HTC Corporation and HTC America, Inc et al. v. Evolved Wireless LLC IPR2016-01310. Represented petitioner HTC in challenging the validity of U.S. Patent No. 7,768,965 and was instituted on all asserted grounds.
  • HTC Corporation and HTC America, Inc et al. v. Evolved Wireless LLC IPR2016-00757. Represented petitioner HTC in challenging the validity of U.S. Patent No. 7,881,236 and was instituted on all asserted grounds.
  • HTC Corporation and HTC America, Inc et al. v. Evolved Wireless LLC IPR2016-01208 and IPR2016-01227. Represented petitioner HTC in challenging the validity of U.S. Patent No. 7,746,916. Petitions were instituted on all asserted grounds.

Ex Parte and Inter Partes Reexamination

  • Inter Partes Request No. 95/001,814. Represented Third-Party Requester in challenging the validity of U.S. Patent No. 7,310,416, a patent relating to sending pictures to a paging receiver. All claims cancelled by the PTO.
  • Inter Partes Request No. 95/001,177. Represented Third-Party Requester in challenging the validity of U.S. Patent No. 7,266,186, a patent relating to sending pictures to a paging receiver. All claims cancelled by the PTO.
  • Ex Parte Request No. 90/012,899. Represented Third-Party Requester in challenging the validity of U.S. Patent No. RE37,802, a patent directed to a MultiCode Sequence Spread Spectrum for cellular technology.
  • Ex Parte Request No. 90/012,072. Represented Third-Party Requester in challenging the validity of U.S. Patent No. 7,266,186. All asserted claims asserted in litigation cancelled by the PTO.
Credentials
Education

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

Admissions

California

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

United States Supreme Court

Honors

Recommended Lawyer, Patents - Litigation, Legal 500 US, 2025

Leading Lawyer - Intellectual Property: Patent Litigation, Chambers USA, 2024-2025

Standout Award, San Diego Volunteer Lawyer Program, 2021

Ranked as one of the most active attorneys representing petitioners, Patexia IPR Intelligence Report, 2021

Number 1 ranked IPR attorney in the country, Patexia IPR Intelligence Report, 2020

Number 2 ranked IPR attorney in the country, Patexia IPR Intelligence Report, 2019

Litigation Star, Benchmark Litigation, 2017-2026

The World's Leading Patent Professionals, IAM Patent 1000, 2020-2025

San Diego Super Lawyer, Super Lawyers, 2018-2025

Milestone Case of the Year, TCL v. Ericsson, Managing IP Americas Awards, 2018

Best Lawyer in America (Litigation - Intellectual Property), Best Lawyers, 2018-2026

Best Lawyers in America (Litigation - Patent), Best Lawyers, 2017, 2021, 2023-2024

Best of the Bar 2015, San Diego Business Journal

Best of the Bar 2016, San Diego Business Journal

"Top Attorneys in the PTAB" 2015 for Inter Partes Reviews

Legal 500 Recommended Lawyer 2025
Martin Bader - Chambers 2025
Martin Bader - Chambers USA 2024
Thought Leadership

Instructor at PLI's Fundamentals of Patent Prosecution 2011

Instructor at PLI's Fundamentals of Patent Prosecution 2012