Martin Randall Bader

Martin Bader is a partner in the Intellectual Property Practice Group in the firm's San Diego (Del Mar) office.

Areas of Practice

Martin is an intellectual property litigator. He has obtained numerous high-profile victories for high technology clients at trial and on summary judgment in the District Courts throughout the U.S. He is also experienced in 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, and was named as one of the Top Attorneys in the PTAB for his IPR filings.

Martin has served in key roles in high-profile trials, including as one of the lead trial lawyers in the TCL v. Ericsson case in which he obtained a major victory on behalf of TCL. In that case, TCL sought a FRAND license to Ericsson's 2G/3G/4G SEP portfolio and the Court ultimately set rates between four to 12 times less than Ericsson was demanding. This case was named a Milestone Case of the Year by Managing Intellectual Property magazine, as it was the first case to ever value a large SEP portfolio. He has also litigated over a dozen other cases relating to Standard Essential Patents (SEPs), including a complete defense jury verdict in the Eastern District of Texas.

Martin has an Electrical Engineering degree and litigates patents and conducts post-grant proceedings before the USPTO involving many diverse technologies, including the 2G, 3G and 4G wireless standards and LTE, GSM, GPRS, EDGE, CDMA, WCDMA, UMTS, WiMAX, HSPA, Wi-Fi, GPS, CDMA2000, Bluetooth, GPS, USB modems, Video and Audio compression, wireless modems, Multimedia Messaging Service (MMS), internet systems, web-browsers for wireless devices, software, Android OS, liquid crystal displays (LCD) and televisions. He has litigated many cases relating to SEPs and/or FRAND commitments made to standard setting bodies.

Martin is also a registered patent attorney, counseling clients on intellectual property protection strategies and prosecuting patent applications and trademark registrations before the USPTO. He represents clients in IPRs, patent reexamination proceedings and trademarks oppositions before the USPTO, and conducts IP due diligence for corporate transactions and acquisitions. He has filed dozens of petitions for IPR in connection with concurrent patent infringement actions related to cellular technology, including 3G and 4G technology, location based services, the Android operating system and others.

Further, Martin manages the filing and prosecution of patent applications for companies ranging from startups to those that are well-known Fortune 100 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.

Honors

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

Litigation Star, Benchmark Litigation, 2017-2020

San Diego Super Lawyer, Super Lawyers, 2018-2020

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

Best Lawyers in America (Litigation - Intellectual Property), Best Lawyers, 2018-2020

Best Lawyers in America (Litigation - Patent), Best Lawyers, 2017

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

Insights

Articles

•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

• Patent Trial & Appeal Board Institutes 17 Inter Partes Reviews for TCL Communication Technology Holdings, LTD., March 30, 2016
• Federal Circuit Limits Estoppel Provision of the AIA, March 29, 2016
• 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

Books

•The Intellectual Property Handbook: A Practical Guide for Franchise, Business, and IP Counsel, Second Edition: Patents (Chapter 5)
2016

Media Mentions

•Sheppard Strikes Again on Connected-Car Patents
The Recorder, 05.10.2019
•InterDigital Accused Of Unfair Terms For Telecom Patents
Law360, 01.03.2019
•A Landmark FRAND Ruling in TCL v Ericsson
Managing IP, 02.2018
•Shout-Out: Sheppard Mullin and Morgan Lewis Dial Up Pressure in IP Battle
The Litigation Daily, 03.24.2016
•Niro Haller, Client Ordered To Pay HTC $4.1M In Patent Suit
Law360, 07.21.2015
•Recent Victories by Sheppard Mullin’s Intellectual Property Group
Legal Times (Korea), 03.05.2015

Speaking Engagements

•Instructor at PLI's Fundamentals of Patent Prosecution 2011
•Instructor at PLI's Fundamentals of Patent Prosecution 2012